Bolder Broadcasting Inc. operates a network of websites and services (collectively referred to in this Terms of Service as “Growing Bolder” which includes not only our network of websites but also our television, radio, magazines, books, newsletters, motion pictures, and all other related services, digital or otherwise). Growing Bolder provides its services subject to the following Terms and Conditions (“Terms of Service.”) Growing Bolder may update or modify these Terms of Service without notice. We suggest that you check these Terms of Service from time to time for the most current version. Your continued use of any Growing Bolder after any modification will mean you agree to the Terms of Service as modified. If, at any time, you do not agree to be bound by these Terms of Service, please discontinue your use of the Growing Bolder.
The Growing Bolder is provided free of charge to you (unless otherwise indicated.) Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Growing Bolder, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
Rules of Conduct
We want everyone to feel welcome and to enjoy Growing Bolder so we’ve created a few guidelines for visiting, commenting, and sharing. Basically, we ask you to behave like a good neighbor.
1.You may not post or transmit on Growing Bolder any abusive, inaccurate, defamatory, obscene, or illegal material or any material that contains a virus.
2.You may not post any advertising or solicitation in any public areas, which include places to comment and share our material. If seen, these will be removed by Growing Bolder.
3. You may not submit copyrighted material to public areas unless you personally hold the copyright to the material, unless the submission constitutes a “Fair Use,” or is in the public domain.
4. Please respect other visitors. Personal attacks or defamation against others will be grounds for comment deletion.
5. Posting or transmission of any material that violates any federal, state, or local law or regulation is prohibited.
6. Growing Bolder reserves the right to reproduce any material posted on or sent to the site.
7. Growing Bolder is not obligated to screen material sent to us, but reserves the right to review and edit or delete any postings or messages that Growing Bolder in its sole discretion, finds infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable, and to delete anything that has been used to violate the Growing Bolder terms of service.
8. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the Growing Bolder nor provide such personally identifying information to people you do not know.
9. If someone harasses you in a public area of Growing Bolder in violation of these guidelines, please let us know. All reported cases of harassment and abuse will be investigated.
You agree to not use the Website and/or Services to:
1.engage in any criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. submit material that is protected by copyright, patent or any other proprietary rights unless you are the owner of such material or have a license or permission from the owner of any such proprietary rights to provide the material;
3. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
4. harm or threaten minors in any way;
5. impersonate any person or entity, including, but not limited to, a Growing Bolder employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website and/or Service(s);
7. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
9. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that is designated for such purpose. You may not transmit any chain letters or junk email to other visitors. It is also a violation of these rules to use any information obtained from the Growing Bolder Services in order to contact, advertise to, solicit, or sell to any visitor without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Growing Bolder Services, you acknowledge that you will have caused substantial harm to Growing Bolder, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Growing Bolder $50 for each such unsolicited email or other unsolicited communication you send in connection with Growing Bolder Services;
10. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website and/or Service(s) are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
11. interfere with or disrupt the Website and/or Service(s) or servers or networks connected to the Website and/or Service(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Website and/or Service(s);
12. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
13. “stalk” or otherwise harass another;
14. collect or store personal data about other users;
15. use Growing Bolder content for commercial activities;
16. do anything to prevent the full and complete display of advertisements on Growing Bolder pages;
17. to access, or attempt to access, other visitors, and you agree not to interfere with or disrupt the Service or any servers connected to the Service. You agree not to distribute any content that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer-programming routines that are intended to damage, interfere with, or intercept any data or personal information.
18. advertising to, or solicitation of, any visitor to buy or sell any products or services through the Growing Bolder Services. 3. covering or obscuring the banner advertisements on your personal profile page, or any Growing Bolder page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the Growing Bolder Services or the networks or services connected to the Growing Bolder Services;
21. attempting to impersonate another visitor or person;
22. selling or otherwise transferring your profile;
23. using any information obtained from the Growing Bolder Services in order to harass, abuse, or harm another person;
24. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Growing Bolder Services on behalf of that person, such as placing commercial content, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose;
25. using the Growing Bolder Services in a manner inconsistent with any and all applicable laws and regulations.
You acknowledge that you alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages.
Growing Bolder assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other visitors of the Growing Bolder. Growing Bolder further assumes no responsibility for the deletion of or failure to store e-mail messages.
With regard to user-generated exchanges of information and inclusion of content, any information and any content that you upload, exchange, share, store, send or otherwise make available through the Website or Service(s) (“User Content”) is your responsibility and Growing Bolder assumes no liability or responsibility for such user generated information and content. This includes, but is not limited to, chat, blogs, email, email addresses and other personally identifying information, sms, text, photos, video, audio and any other User Content that you may provide or make available and accessible to other users of the Website or Service(s). As the user of the Website and/or Service(s), you are hereby acknowledging that the community oriented functionality of the Website and Service(s) is inherently intended to provide visitors with the opportunity to share and provide information that you voluntarily provide and desire to make public and allow any other user of the Website and/or Service(s) access to that information. You further acknowledge that certain public features, such as comments, may allow users to contact and otherwise communicate with you directly. Growing Bolder does not make any representations or guarantees of confidentiality or privacy and accepts no responsibility for User Content and other information provided by users of the Website and Service(s). Growing Bolder is not responsible for monitoring or policing this exchange of information and it is your responsibility to understand the nature of such communication mediums and use your own judgment and consideration as to what information you provide, exchange and otherwise make available. You are using the Website and/or Service(s) with the express knowledge that you are sharing information with known and unknown people and you assume all risks, consequences, liability and responsibility inherent with that exchange of information. In addition, Growing Bolder does not control the User Content posted via the Website or Service(s) and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Website and/or Service(s), you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Growing Bolder be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website and/or Service(s).
Growing Bolder expressly states and you hereby acknowledge and understand that the Company is not accepting any responsibility for monitoring or policing the exchange of User Content and other information included or otherwise made available through the Website or Service(s) and that the Growing Bolder does not accept any liability or responsibility express or implied involved with or resulting from the use of the Website and Service(s). However, as the provider of the Website and Service(s), Growing Bolder reserves the right to monitor, view, store, forward and use any and all information and content provided by you through the use of the service. Furthermore, Growing Bolder may use any and all User Content and other information made available or otherwise provided by you through the use of the Website and Service(s) in various ways, including but not limited to, understand user behavior and patterns, for internal discussion, make decisions about advertising placement and sponsors, improving the quality, functionality and user experience of the Website and Service(s) and any related materials. Furthermore, you acknowledge and agree to comply with and strictly adhere to the visitor conduct detailed in the Rules of Conduct section of this agreement. You are solely responsible for User Content that you provide on the Website or Service(s). With respect to User Content, you hereby represent and warrant that (a) you own the User Content or have all necessary licenses or permissions necessary to provide the User Content and authorize Growing Bolder to use all copyright, patent or other proprietary rights in and to any User Content in manner required pursuant to the Website or Service(s); and (b) you have the written consent, license or permission of each identifiable person to include any name or likeness of such person in the User Content.
Growing Bolder does not claim ownership of User Content you submit or make available for inclusion on the Website and/or Service(s). However, with respect to User Content you submit or make available for inclusion on publicly accessible areas of the Website and/or Service(s), you grant Growing Bolder (and other users of the Website and/or Service(s)) the following world-wide, perpetual, irrevocable, sub-licensable, assignable, royalty-free and non-exclusive license(s), as applicable: (a) with respect to User Content you submit or make available for inclusion on publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Website and/or Service(s) solely for the purposes of providing and promoting the publicly accessible areas to which such User Content was submitted or made available; and (b) with respect to User Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Website and/or Service(s), the license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed. You acknowledge that Growing Bolder does not pre-screen User Content, but that Growing Bolder and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any User Content that is available via the Website and/or Service(s). Without limiting the foregoing, Growing Bolder and its designees shall have the right to remove any User Content that violates the Terms of Service or is otherwise objectionable.
You acknowledge and agree that Growing Bolder may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.
You understand that the technical processing and transmission of the Website and/or Service(s), including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property and Respect Copyright Law Statement
All content of our Website and Service(s) is the copyrighted material of Growing Bolder or the appropriate contributor, and is protected by United States and international copyright, trademark and other applicable laws. Growing Bolder is the owner of the entire contents of this Website, as a collective work under the laws of United States and other copyright laws. The collective work includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. The Website and Service(s) includes content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of the Growing Bolder or other third parties.
Except as set forth in the relevant license agreements, nothing contained in our Website and/or Service(s) grants any license or other right to any of Growing Bolder’s intellectual property or any third party’s intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the Website and/or Service(s). You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our Website and/or Service(s) without obtaining the written permission of Growing Bolder.
If you are a holder (or agent thereof) of copyright or other proprietary rights and you believe that any User Content infringes upon such proprietary rights, you may submit a notice to the Company pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (i) the signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (ii) identification of the work or multiple works alleged to have been infringed; (iii) identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit the Company to locate the material; (iv) contact information for the Company to contact you, including an address, telephone number and/or e-mail address; (v) your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (vi) your statement that the information in the notice to the Company is accurate and, under penalty of perjury, that you are authorized to act on behalf of the allegedly infringed work. You acknowledge that your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act.
For all inquiries regarding this Site, including DMCA notices, Copyright Infringement and Legal matters follow the link titled Contact Us at the bottom of this page and your inquiry will be routed to the appropriate department for resolution.
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that the foregoing license of this Section 4(e) shall apply to the same. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Unless otherwise agreed upon in writing by you and Growing Bolder, you may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the User Content.
Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.
Growing Bolder reserves the right to discontinue or modify any parts of the Service with or without notice to you. Growing Bolder shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Third Party Links
Growing Bolder may provide links to third party sites as a courtesy (including the sites of our business partners) and do not constitute an endorsement by Growing Bolder. Those sites are not governed by the Growing Bolder Terms of Service. Growing Bolder does not fully review all of the content on those sites and is not responsible for the content of any other site linked to from our site.
Disclaimer of Warranties
You expressly agree that use of the Growing Bolder, including but not limited to all content, services, digital products, courses, events, tools and products purchased through the Growing Bolder, is at your sole risk. The Growing Bolder is provided on an “as is” and “as available” basis. Growing Bolder expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Growing Bolder enables the sharing of diverse ideas and viewpoints. The constant interactive nature of Internet postings makes it impossible for us to assume responsibility for any of the materials posted by visitors, registered users, experts or gurus. These materials, including but not limited to any text, data, photographs, video, music, sound, chat, messages or files, are not endorsed by Growing Bolder, and we make no guarantee regarding the reliability, accuracy, or quality of any content posted on the Website. You agree to make your own independent evaluation of the information as applied to you. No information obtained from Growing Bolder, whether oral or written, shall create any warranty not expressly set forth in these terms of service.
You agree and acknowledge that your use of the Website and/or the Service(s) is at your sole risk. The company and its affiliates, third party licensors and service providers and their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and/or Service(s) and your use thereof. The company makes no representations or warranties regarding the accuracy or completeness of the content on the Website and/or the Service(s) or on any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies, (ii) personal injury or property damage, of any nature whatsoever, resulting from your use of the Website and/or Service(s), (iii) any unauthorized access to or use of the company’s secure servers or any and all personal or financial information stored therein, (iv) any interruption or cessation of your use of the Website and/or Service(s), (v) any bugs, viruses, or Trojan horses, or related problems that may be acquired or transmitted in connection with the Website and/or the Service(s), and/or (vi) any errors or omissions in any user content or for any loss or damage of any kind incurred as a result of the use of any content posted, provided, transmitted, or otherwise made available via the Website or the Service(s). The company does not represent, warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party on the Website, Service(s), any linked Website, or banner or other advertising, and the company will not in any way be responsible for monitoring any transaction between you and third-party providers.
Limitation of Liability
IN NO EVENT WILL GROWING BOLDER OR ITS AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (I) ANY PARTY’S USE OF THE WEBSITE AND/OR SERVICE(S) OR A LINKED SITE, (II) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA, (III) ANY LOSS OF USE RELATED TO OUR WEBSITE AND/OR SERVICE(S) OR A LINKED SITE, (IV), ANY WEBSITE OPERATED BY ANY THIRD PARTY, (V) OR ANY CONTENT OF THIS WEBSITE OR ANY LINKED SITE, EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Growing Bolder and its affiliates, licensors and contractors and their respective officers, directors, employees or agents, from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from or related to your use of the Growing Bolder, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
This Website and Service(s) are created and controlled by Growing Bolder in the State of Florida. As such, the laws of the State of Florida will govern these Terms of Service without giving effect to any principles of conflicts of laws. The parties agree that a condition of using this Website and/or Service(s) is that any and all claims arising out of use of this Website and/or Service(s) will be tried in the State of Florida and Florida law will apply. The Florida courts in Orange County shall have exclusive jurisdiction and venue, and you consent and submit to the personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms of Service.
Growing Bolder reserves the right to terminate the Website, the Services at any time for any reason. Additionally, we may choose to remove any or all of the content you submit in connection with the Service at any time and without notice to you.
You are solely responsible for any interaction with other visitors of the Growing Bolder. Growing Bolder reserves the right but shall have no obligation to monitor disputes between you and any other member of the Growing Bolder network.
Growing Bolder does not encourage or solicit visitors who are known to be under the age of 18 to become a a regular visitor, commenter, or contributor of Growing Bolder.
These Terms of Service constitute the entire understanding between you and Growing Bolder as to the subject matter hereof, and supersede all prior agreements and understandings. If any provision of these Terms of Service are found to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions and that the remainder of the Terms of Service will remain in full force and effect.
Growing Bolder reserves the right to terminate free access to the Growing Bolder including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Growing Bolder reserves the right to provide you with notice of such change by prominently posting a notice on the Growing Bolder and/or sending written notice to you at any email and/or post office address you have provided to Growing Bolder. Once free access is terminated, Growing Bolder may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Growing Bolder and/or any for-pay content, services, digital products, products, events, tools or products.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Our failure to enforce any part of this Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of this. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in this Terms of Service are for convenience only and shall not affect their interpretation.
Last updated: April 29, 2014
Copyright 2013-2014, Bolder Broadcasting, Inc. All rights reserved.