Terms of Service
Welcome to Bolder, Inc.’s
Website (the “Site”). This Site is owned by Bolder, Inc.,
whose registered office is 904 22nd St San Francisco CA 94107. References to the
terms “we”, “our” or “us” in these Terms of Service (“Terms”)
refer to Bolder, Inc., a Delaware corporation, its subsidiaries, and
affiliates, and each of their respective officers and personnel.
When we use the term
“Site” we mean http://bolder.is and all of the web locations
and Internet addresses (e.g., URLs, domain names and pages) which we
own or control and which we use to offer and/or provide the Services
(defined below), as well as all equivalent, mirror, replacement, substitute
or backup web sites and all included web pages. These Terms apply
to all Services made available via the Site. We use the terms
“Service” or “Services” to refer, individually and/or collectively,
to any or all of the services, promotions, events, communications and/or
transactions made available through the Site and/or for use with any
device and all of the associated content, features and functions. If
you use, participate or take advantage of our Services, you will have
confirmed your agreement to be bound by and comply any and all additional
terms and conditions applicable to that particular Service (referred
to individually and collectively, as “Additional Terms”).
Our Privacy Policy [bolder.is/privacy], as well as any Additional Terms that
apply to you, are all part of these Terms and form a part of your legally
binding agreement with us regarding our Services. By using or
attempting to use our Site and/or any Service you are confirming that
you have read, understand and agree to, shall abide by and comply with
all of the terms and conditions of these Terms, including our Privacy
Policy and any Additional Terms.
You, and anyone using
the Site or any Service, whether or not you are a Registered User (as
defined below), may be referred to in these Terms as a “user”, even
if you do not take advantage of the entire Site, all of our Services
or all of the feature and functions available to you. The words "use"
or "using" means any time you, or any other individual, directly
or indirectly, with or without the aid of a machine or device, accesses
or attempts to access, interact with, use, display, view, print or copy,
transmit, receive or exchange messages, data or communicate with the
Site or any Service or any other user, person, firm or enterprise on
or through the Site or any Service, or in any way utilizes, benefits,
takes advantage of or interacts with any content, feature, function
of the Site or any Service, in any way and for any purpose whatsoever.
We obtain certain information from all users of the Site and Services
and you should refer to our Privacy Policy [bolder.is/privacy] that contains
important information and disclosures relating to our collection, maintenance
and use of information we obtain from you in connection with your use
of the Site and Services.
REGISTRATION AND USER
ID
Although you do not have
to register to be a user (i.e., to visit) or take advantage of
some of the features and functions of the Site, in order to access,
use or take advantage of many of the enhanced and certain other valuable
services, features, functions and services that are available from or
through the Site, such as Sponsorships (defined below), you must register
and become a registered user (“Registered User”) in which case you
will be issued a unique user identification (“User ID”). We
obtain certain information from all users of the Site, when you request
Sponsorships, respond to Sponsors or other advertisers, or otherwise
engage in activities or transactions with the Site, whether or not you
are or become a Registered User, attempt to register or enter registration
information. As a condition of participation in Sponsorships and other
Services available on the Site, Bolder requires your permission to send
you administrative and promotional emails. By requesting Sponsorships
and/or participating in Services, you affirmatively permit Bolder to
send you related Sponsorship confirmations and other administrative
and promotional e-mails. We will send you information regarding
your account activity, including Sponsorship confirmations, as well
as updates about our Services and promotional offers. You can opt-out
of our promotional emails anytime by clicking the unsubscribe link at
the bottom of any of our e-mail correspondences. You should read
our Privacy Policy, which describes the Personal Information
(i.e., the personally identifiable information) we collect, use,
manage, store and disclose. Your User ID is personal to you and
you may not allow any others to use your User ID under any circumstances.
During registration or at other times when you use the Service, we may
ask you to provide us with some additional information about yourself
which is optional, but which enables us to customize the Service experience
for you. We will indicate what information is required and what information
is optional. We also have the right to require you to provide us with
certain additional information (for example, a secret question and answer)
for security or identity verification purposes. You are solely
responsible for the confidentiality of your User ID and we are not liable
for any harm caused or related to the disclosure, theft or misappropriation
of all or any portion of your User ID or if someone else uses your User
ID through no fault of ours, unless and until you notify us your User
ID may have been compromised, misappropriated or improperly taken or
used by another party. You agree to immediately notify us if you become
aware of or believe there is or may have been any unauthorized use or
activity using your User ID or if you have any security concerns.
DESCRIPTION OF SPONSORSHIP SERVICE
Through the Site, Bolder
provides you with access to certain sponsorships and offers (each a
“Sponsorship”) posted by our third party participants (each, a “Sponsor”)
which relate to such Sponsor’s products and/or services. If
you record an Action through the Site, you will be presented with certain
Sponsorships related to the Action you recorded. If you choose
an applicable Sponsorship, you will receive a confirmation of that Sponsorship
from Bolder which you may present to the applicable Sponsor. You will
receive no more than one Sponsorship per Sponsor per day, regardless
of the number of actions completed in a Sponsored category on a particular
day. (taken from below to make clear there may be delays in delivery
of sponsorship confirmation). Our Site has a finite, and therefore
limited, capacity and some Sponsorships and may not be processed in
a timely fashion. You acknowledge and agree we assume no liability,
responsibility or obligation to transmit, process, store, receive or
deliver any Sponsorships or for any failure, inaccuracy or delay. Do
not rely on the timeliness or performance of our Site for any transactions,
Sponsorship confirmations or other communications. Bolder takes no responsibility
for any Sponsorship or the Sponsor products and/or services for which
a Sponsorship may be redeemed including, without limitation, any Sponsor’s
failure to, wholly or in part, honor or redeem any Sponsorship.
Bolder makes no warranty to any user with respect to the quality, safety,
usability, or other aspect of the product and/or service for which the
Sponsorship may be redeemed. The Sponsor, not Bolder, sells and/or
provides the products and/or services relating to a Sponsorship and,
as between Bolder and Sponsor, is solely responsible with respect to
such products and/or services. So, if you have a customer service
issue relating to a product or service purchased or otherwise obtained
in connection with a Sponsorship, you must contact that individual Sponsor
and not Bolder. Some Sponsorships may provide a discount for services
or activities that involve a potential risk of bodily harm (such as
snowboarding, etc). For such services or activities, Bolder assumes
no responsibility and, as between you and Bolder, you hereby accept
full risk and responsibility for your own actions in utilizing the services
and/or participating in the activities for which the Sponsorship can
be redeemed.
CONTENT & MARKS
“Content” refers
to all content, text, graphics, messages, newsletters, music, audio,
video, artwork, illustrations, images, photographs, animations, data,
information, databases, designs, other proprietary information and materials
and all copyrightable or otherwise legally protectable elements of the
Site and any Service, tangible or intangible, including, without limitation,
the selection, sequence, 'look and feel' and arrangement of items, as
well as all copyright and other rights in Marks (as defined below) or
other intellectual property which you may encounter, which may be accessed
and/or available from, are provided by or for your use in connection
with the Site and any Service. Content is either our property
or owned by our licensors, users, suppliers, operational service providers,
advertisers, business or promotional partners or sponsors and is legally
protected, without limitation, under U.S. Federal and State, as well
as applicable foreign laws, regulations and international treaties.
You may only use Content, the Site and any Service generally, only as
expressly provided herein, in accordance with these Terms, and for no
other purpose. Any rights not specifically granted to you by us
are fully reserved by us and any unauthorized or prohibited use of the
Site or any Service may subject you to civil liability, criminal prosecution,
or both. We use the term “Marks” to refer to trademarks, service
marks, logos, brands and brand names, trade dress and trade names and
all other distinctive identification. The Marks Bolder, Act Bolder Get Sponsored are trademarks of Bolder, Inc.
Other Marks, names, words, titles, phrases, logos, icons, graphics,
or designs contained in this Site may also be considered trademarks,
trade names, or design marks of Bolder, Inc. Marks not owned by
us are owned by third parties and distributed under license.
MODIFICATION OF TERMS
AND/OR SERVICES
We have the right, any
time and from time to time, for any reason in our discretion, to change
these Terms, including the Privacy Policy and any Additional Terms that
apply to any Service. If you use the Site or any Service after
we implement or post a notice of a change, you will be bound by the
change. Please check back to these Terms frequently so you are
aware of the most current terms and conditions of your agreement with
us. We also reserve the right, any time and from time-to-time,
in our discretion, to modify, suspend or discontinue all or any portion
of the Site or any Service without notice and without liability to you
or any other party.
THIRD PARTY WEBSITES
These Terms do not cover
any other services, web sites, web pages, transactions, relationships,
activities or other things, nor any transactions or relationship you
may have with any of our suppliers, advertisers, licensors, wireless
or mobile carriers, internet service providers, operational service
providers, promotional partners, sponsors or any other person, firm
or enterprise, unless specifically stated. These Terms also do not cover
your rights or responsibilities with respect to third party content
or links that may direct your browser or your connection to third party
sites or pages, even if they appear on or are linked with our Site and
you should refer to the terms of use and privacy policies that apply
to these third parties since they, not us, are responsible for them.
References in this Site or any Service to any products, services, processes,
hypertext links, or other information, by trade name, trade mark, manufacturer,
supplier, or otherwise, do not necessarily constitute or imply our endorsement,
sponsorship, or recommendation.
CODE OF CONDUCT AND
POSTINGS
Your use of the Site and any Service is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use or activity using your User ID or if you have any security concerns. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your email address, account or User ID. You may not use, allow or enable others to use our Service or knowingly allow use by others, in any manner that is, attempts or is likely to:
(a) be libelous, defamatory, indecent, vulgar or obscene, pornographic,
sexually explicit or sexually suggestive, racially, culturally, or ethnically
offensive, harmful, harassing, intimidating, threatening, hateful, objectionable,
discriminatory, or abusive which may or may appear to impersonate anyone
else.
(b) affect adversely or reflect negatively on us, our Service or on
our goodwill, name or reputation or cause duress, distress or discomfort
to us or anyone else, or discourage any person, firm or enterprise from
using all or any portion of our Service, from becoming a Subscriber
or from advertising, linking or becoming a supplier or licensor to us;
(c) send or result in the transmission of junk email, chain letters,
duplicative or unsolicited messages, "spamming" (i.e., SPAM)
or “phishing”;
(d) be used for commercial or business purposes, including, without
limitation, advertising, marketing or offering goods or services, whether
or not for compensation or through links with any other web site or
web pages;
(e) transmit, distribute or upload programs or material that contain
malicious code, such as viruses, time bombs, cancel bots, worms, Trojan
horses, spyware or other potentially harmful programs, material, code
or information;
(f) forge any TCP/IP packet header or part of the header information
in any message, email, chat or posting for any reason;
(g) violate any laws, regulations (including, without limitation, laws
regarding the transmission of technical data or software exported from
the United States), judicial or governmental order, any treaties or
violate or infringe upon any intellectual property rights, rights of
publicity or privacy or any other rights of ours or of any other person,
firm or enterprise;
(h) gain unauthorized access to our Service or any other users' account,
User ID, names, passwords, Personal Information, Subscriber information,
profile, or other computers, web sites or web pages connected or linked
to our Service or to use our Service in any manner which violates or
is inconsistent with these Terms;
(i) modify, disrupt, impair, alter or interfere with the use, features,
functions, operation or maintenance of our Service or the rights or
use and enjoyment of our Service by others;
(j) collect, obtain, compile, gather, transmit, reproduce, delete, revise,
view or display any material or information, whether personally identifiable
or not, posted by or concerning any other person, firm or enterprise,
in connection with their or your use of our Site; or.
(i) attempt to receive
more than one Sponsorship confirmation per Sponsor per day.
When we use the term
“Post”, “Posted” or “Posting” we are referring to each and
every time you submit, provide, furnish, share, message, instant message,
exchange, transmit or communicate any information, ideas, images, audio-visual
material, opinions, files, messages). In fact any time you communicate
or make anything available or accessible on the Site you will have “Posted”
it. With respect to each Post submitted by you, you grant us a
perpetual, worldwide, royalty-free right and non-exclusive license to
use, distribute, reproduce, modify, adapt, translate, publicly perform
and publicly display such Post on the Site and/or in connection with
the applicable Service. The preceding license grant does not apply
to Personal Information submitted by you which will be treated in accordance
with our Privacy Policy [bolder.is/privacy]. We shall be free to use any ideas,
concepts, know-how, or techniques contained in any Posting, including
but not limited to developing, manufacturing, and marketing products
or services incorporating or otherwise based on such Posting.
You are solely responsible
and liable for Postings made under your User ID, name, user name, email
address, password and/or your registration, subscription and/or profile
information, if any. Postings do not reflect our views and we do not
represent or guarantee the truthfulness, accuracy, or reliability of
any Posting, nor do we endorse or support any opinions or ideas expressed
in any Posting. In no event shall we have or be construed to have any
responsibility or liability for or in connection with any Posting. If
we determine, in our sole discretion, you have not complied with any
of our Terms or if, in our judgment, you or any Posting violates these
Terms, we reserve the right, at any time, without notice and without
limiting any and all other rights we may have, at law or in equity,
to (a) refuse to allow you to Post again, (b) remove and delete your
profile, any Postings, your registration, subscription, User ID, user
name or any other indicia or authorization to use all or any of our
Site, (c) revoke your registration and right to use all or any of our
Services, and (d) use any technological, legal, operational or other
means available to enforce these Terms, including, without limitation,
blocking specific IP addresses or deactivating your registration, access
rights using your e-mail address, your User ID, user name and/or password.
Our Site has a finite, and therefore limited, capacity and some Postings and messages may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become inoperable. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver any Postings or messages or for any failure, inaccuracy or delay. Do not rely on the timeliness or performance of our Site for any transactions, Posting, messages or other communications.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OUR SITE AND ALL SERVICES
ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT
ANY REPRESENTATION OR WARRANTY OF ANY KIND OR ANY GUARANTY OR ASSURANCE
THE SITE OR ANY SERVICE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE
EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF
FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE ARE ALSO NOT LIABLE
FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING
OUT OF YOUR USE OF THE SITE OR ANY SERVICE. YOU UNDERSTAND, ACKNOWLEDGE
AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY,
PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY,
SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF OUR SITE
AND ANY SERVICE.
YOU UNDERSTAND AND AGREE,
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR SUBSIDIARIES,
AFFILIATES, SUCCESSORS OR ASSIGNS NOR OUR OR ANY OF THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS,
SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, WIRELESS OR MOBILE CARRIERS,
OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES,
BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING,
BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION
WITH, AS A RESULT OF OR ARISING FROM OUR SITE OR ANY SERVICE, REGARDLESS
OF THE FORM OF ACTION, THE LEGAL THEORY OR BASIS OF THE CLAIM AND WHETHER
OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF
ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED
BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS
AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY, HOWEVER, IN
NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED
FIFTY DOLLARS (US $50), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS
OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO
NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS
ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS
DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
You agree if you have
a dispute with us or are dissatisfied with any aspect of our Site or
any Service or any of the Terms with us, termination of your registration
and use of our Site or any Service is your sole right and exclusive
remedy, even if that right or remedy is deemed to fail of its essential
purpose. You acknowledge and agree we have no other obligation, liability
or responsibility to you or any other party.
LAW THAT APPLIES
Your use of the Site,
any Service and these Terms, shall be governed, construed and enforced
under the laws of the State of California applicable to contracts made,
executed and wholly performed in California. You unconditionally and
irrevocably submit to the exclusive jurisdiction and venue of the State
and Federal Courts situated in Los Angeles County, California and you
shall not object to such jurisdiction or venue on the grounds of lack
of personal jurisdiction, inconvenient forum or otherwise. These Terms
shall not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, which is expressly excluded and
you also expressly agree to exclude the applicability of the Uniform
Computer Information Transactions Act. A printed copy of these Terms
and of any notice in electronic form shall be admissible in any judicial
or administrative proceedings to the same extent and under the same
conditions as other business documents and records originally generated
and maintained in printed form.
IN ANY CLAIM, ACTION
OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER
THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF
OUR SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER
POSSESS TO A TRIAL BY JURY.
MISCELLANEOUS
These Terms, including our Privacy Policy and any Additional Terms are legally binding and constitute your agreement with us regarding the Service. These Terms represent the complete and exclusive statement of terms and conditions between you and us regarding the subject matter, superseding any and all prior or inconsistent agreements, understandings, discussions, communications, written, oral or otherwise. They may only be modified by us as set forth herein and cannot be changed orally, by course of dealing or conduct or otherwise. If any term or condition is held illegal, invalid or unenforceable, this will not affect any other provision each of which will continue in effect. Any term or condition which must survive to allow us to enforce its meaning shall survive; however, no action arising out of these Terms or your use of the Site or any Service, regardless of the form of action or basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, the date the first cause arose). Our delay or failure to take any action shall not be or be construed as a waiver of that or any other term, condition or right we may have. You may not transfer or assign these Terms or your right to use our Service to anyone and any attempt to do so shall be void ab initio.
For reference:
Our Privacy Policy can be reviewed at any time at bolder.is/privacy
These Terms were last modified on May 11, 2011 and are effective immediately.
© Copyright 2011 Bolder, Inc... All Rights Reserved.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications
of claimed copyright infringement on our Site should be sent ONLY to
our Designated Agent and in accordance with the statutory requirements.
NOTE: The following information is provided solely for notifying the
service providers referenced below that your copyrighted material may
have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g.,
REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES) TO THE CONTACT
LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
GENERAL INQUIRIES SHOULD BE SENT TO THE CONTACT SET FORTH IN THE
CONTACT US bolder.is/contactus SECTION OF THE SITE.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT
THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL
PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS
FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S
LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Matt McDonald
Service Provider(s): Bolder, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Matt McDonald
Full Address of Designated Agent to Which Notification Should be Sent:
904 22nd St San Francisco CA 94107
Telephone Number of Designated Agent: 650-427-9489
E-mail Address of Designated Agent: support@bolder.is
Repeat Infringer Policy
We have a policy of terminating
the accounts of repeat infringers. A repeat infringer includes
any user who has made two or more Postings for which we receive a notice
of infringement. Each user agrees that if his or her account is
terminated pursuant to these Terms, the user will not attempt to establish
a new account under any name, real or assumed, and further agrees that
if the user violates this restriction by opening a new account after
being terminated pursuant to these Terms, the user shall indemnify and
hold us harmless for any and all liability that we may incur therefor.
