Terms of Service
Please read these Terms of Service (these “Terms”) carefully before using TheBolde, as they set forth the legally binding terms and conditions for your use.
Use of TheBolde
You are responsible both for your use of TheBolde and the use of anyone else who uses your device. You agree not to access, copy, or otherwise use TheBolde, including any Content or Marks, except as may be permitted by these Terms or as we otherwise authorize in writing. For purposes of these Terms, “Content” means information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through TheBolde, and “Marks” means any trademarks and service marks of TheBolde.
You also agree not to use TheBolde:
- to violate any law or regulation;
- to violate or infringe other people’s intellectual property, privacy, or other rights;
- to send unwanted messages;
- to stalk, harass, or harm another individual;
- to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- to violate any requirements, procedures, policies or regulations of networks connected to TheBolde; or
- to interfere with or disrupt TheBolde.
You are responsible for all device connection charges incurred by you when you use TheBolde. If you use TheBolde on a cellular network (rather than via Wi-Fi), standard data rates may apply, according to your wireless plan. And if you’re traveling outside of your home country, please check with your wireless carrier before using TheBolde on a foreign cellular network (rather than via Wi-Fi), as international data roaming may apply.
We reserve the right not to provide TheBolde to any user, and to terminate any TheBolde user at any time, in our discretion. If you violate any of these Terms, your permission to use TheBolde will automatically terminate. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (i) which users gain access to TheBolde; (ii) what Content you access via the TheBolde; and (iii) how you may interpret or use the Content.
You release us from all liability you may incur from your use of TheBolde. We make no representations concerning any Content available through TheBolde, 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.
THEBOLDE AND ALL 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) THEBOLDE 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 THEBOLDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THEBOLDE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THEBOLDE IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, TheBolde; (ii) violation of these Terms by you or anyone using your device; or (iii) the violation of any rights of any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO YOUR USE OF THEBOLDE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF $100.00. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FOR THE AVOIDANCE OF DOUBT, IN NO CASE WILL FACEBOOK, INC. OR ITS AFFILIATES (COLLECTIVELY, “FACEBOOK”) BE LIABLE IN ANY WAY RELATING TO YOUR USE OF THEBOLDE, AND YOU HEREBY FOREVER RELEASE AND DISCHARGE FACEBOOK FROM ANY AND ALL CLAIMS OF ANY KIND RELATING TO YOUR USE OF THEBOLDE.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue TheBolde at any time. You shall be responsible for reviewing and becoming familiar with any such modifications, including by checking these Terms periodically for changes. Your continued use of TheBolde following notification of any changes to these Terms constitutes acceptance of those changes.
Entire Agreement and Severability. These Terms are the entire agreement between you and us with respect to TheBolde, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to TheBolde. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to admin@TheBolde.com.
No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. 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 these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
Contact. You may contact us at the following address: 400 East 57th Street, #3i-k, New York, NY 10022.
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
Information We Collect
Personal Information. We collect information that personally identifies you, such as your name, mobile telephone number, e-mail, and other personally identifiable information that you provide us with (“Personal Information”). The decision to provide certain Personal Information is optional. If you choose not to provide the requested information, however, you may not be able to use certain features of TheBolde.
Usage Data. We automatically collect usage information that does not identify an individual user (“Usage Data”). For example, when you download and use TheBolde, we automatically collect information such as your device type, operating system version and type, IP address, and certain unique device identifiers (such as Android ID, MAC address, and IDFA). We may also collect location information, such as your device GPS coordinates, unless you configure your device operating system settings to prevent our collection of location information.
Messages. When you send or receive ecards using TheBolde, we process and store information relating to the ecards you sent, log and connection data, and other related information (“Message Data”).
Contacts. With your permission, we may collect from your mobile address book, your contacts, including names, telephone numbers, email addresses, and social media handles, if available (“Contact Data”).
How We Use Information and When We May Share Information
Generally. We use Personal Information, Message Data and Contact Data for internal purposes only, such as to provide you with TheBolde, to notify you of new products or services, and to otherwise communicate with you. For example, we may use your Contact Data to let you know when people you know join TheBolde. Except as explicitly provided in these Terms, we will not disclose Personal Information, Message Data or Contact Data to third parties without your consent.
Service Providers. From time to time, we may establish a business relationship with other businesses that we believe are trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as customer relationship management, and data storage and management. We provide our Service Providers with only the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information, Message Data and Contact Data from unauthorized access, use or disclosure. Service Providers are prohibited from using Personal Information, Message Data or Contact Data other than as specified by us.
Standard Analytics Information. We may use, and disclose to third parties, certain aggregate or anonymous Usage Data regarding TheBolde. Again, such information does not identify you individually.
Compliance with Laws and Law Enforcement. We cooperate with government and law enforcement officials to enforce and comply with the law. We may therefore disclose Personal Information, Usage Data, Message Data, and any other information about you, if we have a good faith belief that it is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce our Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to our rights, property or safety, or that of our users or the public as required or permitted by law.
We’re very concerned about safeguarding the confidentiality of your information. We employ measures designed to protect your information from unauthorized access. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through TheBolde, we cannot and do not guarantee the security of any information you transmit on or through TheBolde, and you do so at your own risk.
If you have any questions or concerns regarding privacy using TheBolde, please send us a detailed message to admin@TheBolde.com. We will make every effort to resolve your concerns.