2. General Terms
- You must be 13 years or older, to use this application and/or site.
- You must not post any illegal, especially racist or discriminatory contents.
- You are responsible for any activity that occurs under your screen name – act accordingly
- You are responsible for keeping your password secure
- You must not abuse, harass, threaten, impersonate or intimidate other Boldomatic users
- You may not use the Boldomatic Products or contents for any illegal or unauthorized purpose. All users agree to fully comply with all applicable laws.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, or links that you submit, post, and display on Boldomatic Products.
- You must not modify, adapt or hack Boldomatic or modify another website so as to falsely imply that it is associated with Boldomatic.
- You must not access Boldomatic’s private API by any other means other than the Boldomatic application or website itself.
- You must not crawl, scrape, or otherwise cache any content from Boldomatic including but not limited to user profiles.
- You must not create or submit unwanted email, messages or comments ("Spam") to any Boldomatic members.
- You must not use web URLs in your name without prior written consent from Boldomatic AG.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Boldomatic, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these Terms will result in the termination of your Boldomatic account. While Boldomatic prohibits such conduct and content on its site, you understand and agree that Boldomatic cannot be held responsible for the content posted on its web site or channel although you may be exposed to such content.
- You use Boldomatic at your own risk.
- You must not market, advertise with or sell any Boldomatic contents without prior written consent from Boldomatic AG.
3. General Conditions
The application is licensed, not sold, and Boldomatic AG reserves all rights not expressly granted herein. Subject to these Terms, Boldomatic AG grants you a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to download and use the application on a mobile device that you own or control. License Restrictions: Except as specifically provided herein. You may not: (i) distribute or make the application available over a network where it could be used by multiple devices at the same time; (ii) copy the application; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the application, except as otherwise permitted by law; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the application to third parties.
In no event will Boldomatic AG, its affiliate entities, any of our respective staff or authorized associates be liable to you for any special, indirect, incidental, consequential, exemplary or punitive damages, including but not limited to damages for lost data, lost profits, loss of goodwill, loss revenue, service interruption, computer or mobile device and system failure or costs of procurement of substitute goods or services, arising out of or in connection with the installation or use of this app
- We reserve the right to refuse any services to anyone for any reason at any time.
- We reserve the right to modify or terminate any Boldomatic Product for any reason, without notice at any time.
- We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms , we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark or other IP-rights, or may mislead other users.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark or other IP rights on those usernames.
3.3. Proprietary Rights in Content on Boldomatic
Boldomatic does NOT claim ANY ownership rights in the “content” that you post on or through Boldomatic Products. By displaying or publishing any content on or through the Boldomatic Products, you hereby grant to Boldomatic a non-exclusive, fully paid and royalty-free, worldwide, unlimited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the Products in any on- and offline media formats through any media channels.Content not shared publicly ("private") will not be distributed outside the Boldomatic Products.
- While we don’t have the intention to engage in advertisement, some of the Boldomatic Products may be supported by advertising revenue and may display advertisements and promotions at some point in time and you hereby agree that Boldomatic may place such advertising and promotions on the Boldomatic Products or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the content posted by you on or through the Boldomatic Products or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through the Boldomatic Products does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your content on Products does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Boldomatic Products.
- You indemnify and hold Boldomatic and/or Boldomatic AG fully harmless from and against liability for all claims, losses, damages and expenses, including reasonable attorney‘s fees caused by illegal acts, errors or omissions.
- The Boldomatic Products contain also content from Boldomatic. Boldomatic content is protected by copyright, Boldomatic owns and retains all rights in the Boldomatic content (the posts) and the Boldomatic Products. Boldomatic hereby grants you a limited, revocable, nonsublicensable license to display the Boldomatic content (excluding any software code) solely for your personal use in connection with viewing the website and using the Boldomatic Products.
- The Boldomatic Products contain content of users and possibly other Boldomatic licensors. Except as provided within this Terms, you may not copy, or sell any content appearing on or through the Boldomatic Products.
- Although the application, website and other Boldomatic Products are normally available, there will be occasions when Boldomatic Products will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Boldomatic. Also, although Boldomatic will normally only delete content that violates this agreement, Boldomatic reserves the right to delete any content for any reason, without prior notice. Deleted content may be stored by Boldomatic in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Boldomatic encourages you to maintain your own backup of your content. In other words, Boldomatic is not a backup service. Boldomatic will not be liable to you for any modification, suspension, or discontinuation of the Boldomatic Products, or the loss of any content. Boldomatic will not be liable for the transmission or failed transmission of any in-service messages.
- Boldomatic AG will not be liable for any losses or any damages arising from or in any way related to your access or use of Boldomatic Products. Boldomatic AG is licensing the Products “as is”, “as available”, and “faith all faults”. Boldomatic AG makes no representations or warranties about the suitability, reliability, timeliness and accuracy for any purpose of the application, the operation of the application alone or in parts or in conjunction with any device or the content contained herein. Boldomatic AG disclaims all warranties, either express or implied regarding the application and its operation and expressly disclaims the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Boldomatic AG may assign, transfer, sell, rent or lend this Terms in whole or in part, at any time without notice to You. You may not assign this agreement or any part of it or any rights to use the application, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.
4. Governing Law, Place of Jurisdiction
These Terms are governed solely by Swiss law, exclusive place of jurisdiction is Zurich/Switzerland.
14.04.2014, Zurich Switzerland