Hese Terms of Service (“Terms”) constitute a legally binding agreement between you and BOLT Corporation (“BOLT”) governing your access and use of BOLT.com (“the Site”) and the software, services and information made available through the Site (collectively the “BOLT Services”).
If you do not want to be bound by our Terms, please do not use the BOLT Services!
User: Anyone who accesses or uses the Site or BOLT Services for any purpose whatsoever.
User Content: Any information submitted pursuant to any entry to an event hosted on the Site or use of the BOLT Services, including, but not limited to, research, product plans, business plans, products, services, customers, markets, software, documentation, inventions, processes, designs, drawings, hardware configuration information, business methods, marketing or finances information and/or strategies, digital or photographic images, videos, graphics, text, or audio files.
2. RULES ABOUT YOUR USE OF OUR SITE AND SERVICES
You May Not Misuse Our Site or Services: Please don’t misuse the BOLT Services! This means, for example (but without limitation), that you may not do things like data mining, database stealing, scraping, reformatting or framing, interfere with BOLT Services’ functions, circumvent our security, or help third parties misuse the BOLT Services in any way. As should be obvious, you are only allowed to use the BOLT Services as permitted by law. If we suspect that you are not complying with our Terms, Policies, or the law, we may suspend or stop providing the BOLT Services to you.
You Cannot Use BOLT Content For Other Purposes Without Our Permission: Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, or otherwise exploit BOLT’s Content without our express permission.
3. PRIVACY AND SECURITY
4. THIRD-PARTY CONDUCT, LINKS, SITES, AND SERVICES
When you use our Site and BOLT Services, you may encounter links to third-party websites, services, events, or activities that are not owned or controlled by BOLT.
BOLT DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION ON THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOLT MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, RESOURCES OR INFORMATION.
BOLT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BOLT SERVICES.
5. IDEA SUBMISSIONS
BOLT welcomes all suggestions to improve our Site and BOLT Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to BOLT in accordance with the following:
Non-Proprietary: BOLT considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the “Material“) to be non-confidential and non-proprietary. BOLT shall not be liable for the disclosure, use or exploitation of such Material.
License: You hereby grant and agree to grant BOLT, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
6. BOLT’S INTELLECTUAL PROPERTY
Copyright: The Site and its logos, design, text, graphics, sound, images, content, data, applications, software and other files, and the selection, arrangement and organization thereof, are owned by BOLT. You may not use such materials without permission.
© BOLT Corporation ALL RIGHTS RESERVED
Trademark: BOLT and its logos are trademarks owned by BOLT
Ownership and Use: Unless otherwise stated herein, nothing in these Terms or your use of the Site gives you a right or license to use any of BOLT’s copyrights, trade names, trademarks, service marks, logos, domain names, trade secrets, or any other intellectual property rights.
7. WARRANTIES AND DISCLAIMERS
LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BOLT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT, SITE, OR BOLT SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE OR ITS SERVICES, EVEN IF BOLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless BOLT and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties arising out of or relating to (i) your use of the Site and BOLT Services (ii) any dispute between you and any User of the Site and/or the BOLT Services, (ii) a breach of these Terms, or (iii) a violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right
9. Individual Arbitration
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with BOLT arising out of or relating to the Site, the Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The parties acknowledge that these Terms of Service evidences a transaction involving interstate commerce. The Federal Arbitration Act, 9 U.S. C. §§ 1-16, shall govern any arbitration conducted pursuant to these Terms of Service.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: San Francisco, California, United States
10. TRANSFER OF DATA AND EXPORT CONTROL
BOLT’s servers are located in this United States. When you establish enter an event, you are authorizing the transfer of any personal data to the United States for purposes of administering any given event.
Any software, technology, or electronic transmission of information obtained from the Site originates in the United States and may be subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports under U.S. law. In addition, software and technology obtained from BOLT may be subject to the export laws of other countries. It is your sole responsibility to comply with all U.S. and foreign export laws and regulations, and you may not, by electronic transmission or otherwise, violate any applicable export control laws or regulations.
You shall not access or use the Site or BOLT Services if you are located in any jurisdiction in which the provision of the Site, BOLT Services or other components is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and you shall not provide access to the Site, BOLT Services or other components to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that you (i) are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) are not a resident of, or a company registered in, any Prohibited Jurisdiction, (iii) shall not permit agents or end users to access or use the Service in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions, and (iv) shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you, agents and end users are located.
11. FORCE MAJEURE
BOLT will not be liable or responsible for any delays in service, for failing to provide the BOLT Services or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, power or telecommunications outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
12. GENERAL TERMS
Modification of Terms, Site, or Service: Our employees, volunteers or agents are not authorized to vary these Terms.
Any authorized modifications to these Terms will be reflected on this page. (We may do so, for example, when changes in the law or the BOLT Services require us to alter our agreements with you). You should look at our Terms regularly, to make sure you are up to date. If any modifications are unacceptable to you, your only remedy is to discontinue use of the Site and the BOLT Services. If you continue to access or use our Site or the BOLT Services after we notify you of these changes, you will have agreed to be bound by those changes.
No Waiver: The failure or delay of either party to exercise any right, power or privilege under these Terms will not operate as a waiver thereof.
No Agency: No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
Governing Law: These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of San Francisco, with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such courts. You and BOLT both consent to personal jurisdiction in such courts.
Severability: If any term or section of these Terms is unenforceable, this unenforceability will not affect the enforceability of any other terms.
Assignment: The Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. Any assignment attempted in violation of the Terms shall be void.
Interpretation: Headings are for reference purposes only and do not limit the scope or extent of such section.
Entire Agreement: These Terms are the entire agreement between you and BOLT concerning our Site and the BOLT Services.
13. CUSTOMER SUPPORT
BOLT is available by email at info@BOLT.com to address any issues you may have regarding your use of the Site. Most concerns can be quickly resolved in this manner.