Please read this Terms & Conditions carefully before using this Website.
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to use of our website.
Terms of this Website
All products, services, content and images are owned and provided by Bold & Pop, LLC (“Company” or “we” or “us” or “our”). The term “You” or “Your” refers to any user or purchaser of said products(s), or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page. You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, please email us at firstname.lastname@example.org, and we will make reasonable efforts to remove your name, email and access to our Offering and website(s).
Your Website Use and Consent
When you purchased our Offering, you were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the Offering and further access of the Offering, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use. You agree you are at least 18 years old or of age in your applicable jurisdiction to access the Offering. Access of our Offering and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
Limited License. Any and all materials, paid or free, that You access on this or any related domains that contain our Offering are under the sole ownership or licensed use of Bold & Pop. To be clear, we own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), service(s), product(s), or related communications. You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering you have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.
You may not:
- Re-sell or trade Your access to the Offering
- Share the Offering with anyone else who has not yet purchased it or opted in to receive it
- Reprint or republish any of the Offering, in part or in whole
- Distribute any of the materials contained in the Offering or related materials and/or communications as your own, otherwise known as stealing
- Reproduce and tweak any part or whole of the Offering for distribution as your own work
- Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as website content, blog posts, freebie downloads, content upgrades, photos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials)
- Use our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s) limited to third party access sites, such as Our Facebook group(s) or online software platforms that we use to distribute Our Offering and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose your participation in the same.
Notification of Use. We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images you submit by default or voluntarily.
Security and Assumption of Risk.
Security. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe or Paypal. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.
Confidentiality. You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
Assumption of Risk. By accessing our Offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to You.
Earnings Disclaimer. You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, we cannot guarantee Your success merely upon access or purchase of our Offering(s) or related material(s).
General Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Offering(s), including without limitation any liability for any accidents, delays, lost profits, personal or business interruptions, misapplication of information, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, financial advice.
Third Party Disclaimer. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR SERVICES, PRODUCTS, OR MATERIALS. YOU AGREE THAT SERVICES, PRODUCTS, OR MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES, PRODUCTS, OR MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as Paypal, Stripe, Mailchimp or Squarespace.
Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Offering(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Offering(s) or related material(s).
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Offering(s).
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or in relation to our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of our Offering(s).
Dispute Resolution. If You and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
Non-Disparagement. If you are found to be slandering, libeling or otherwise disparaging our Company, Offering(s) or related materials at our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our Company.
All Rights Reserved. All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company.
Last Updated: 05/2018