Terms and Conditions

Use of the boldberlin.com website
provided by BOLD Communication and Marketing, LLC, a California limited liability company (“us” or “we”) is subject to your compliance with all of the terms and conditions contained or referenced herein (the “Terms and Conditions”), in addition to the terms of any separate contract between us.  Any other rules or guidelines appearing on any pages you access are also incorporated by reference into these Terms and Conditions.

These Terms and Conditions are effective as of April 7, 2014.  We reserve the right to change these Terms and Conditions from time to time without notice to you, and your continued use of the website constitutes your acceptance of such changes. 

DISCLAIMER:  ANY EXAMPLE ON THIS WEBSITE OF OUR CLIENTS’ SUCCESS BASED ON OUR SERVICES IS NOT A GUARANTEE OF A SIMILAR OUTCOME.  ANY MATERIAL ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON‑INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE INFORMATION ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR (B) THE QUALITY OF ANY MATERIALS OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

Confidentiality

Subject to any confidentiality obligations agreed to in a separate written agreement between us (a “Services Agreement”), any communication or material that you transmit to this website or to us will be treated as non-confidential and non-proprietary.  While you retain all rights in such communications or material, you grant us and our designated licensees a non‑exclusive, paid‑up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.  You expressly grant us the right to disclose to third parties any data you may transmit to us via the website or otherwise, including any mailing lists or invitation lists provided to us, unless specifically prohibited in a Services Agreement.   Electronic mail or other communications to us through the website may not be secure, and therefore we cannot guarantee that such communications are confidential. In light of the preceding, you should not submit confidential or proprietary information to us unless we have both agreed in writing as to its treatment. 


Intellectual Property

Any unauthorized use or disclosure of the information or other materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.  We do not warrant or represent that your use of materials displayed on, or obtained through, this website will not infringe the rights of third parties.  You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this website.  We do not assume any liability for the contents of any materials uploaded or submitted by third party users of the website, including photographs, statements or other content provided by our existing clients. 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEB WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE OR OF MATERIALS PROVIDED BY US PURSUANT TO A SERVICES AGREEMENT.

We hold the copyright of any results and services produced pursuant to a Services Agreement between us. You will acquire a license to use the results of our services for the duration of such Services Agreement, or a minimum of six months, unless otherwise agreed to in the Services Agreement. We retain the right to use our work product for our own online marketing purposes.  Any other publication of such work product or any transfer thereof to a third party by you may only be done with our prior written consent. Our name must be mentioned in any publication made of such work product. Any changes to the work product is subject to our prior written consent. 

Force Majeure

Neither of us shall be liable to the other for any failure to perform any obligation under any Services Agreement between us which is due to an event beyond the control of such party, including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination or nonperformance of an agreement or contract entered into, nor which could have been reasonably foreseen. Either one of us affected by such event shall immediately inform the other of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Services Agreement between the parties. 

General

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflict of laws provisions thereof. Any claim arising under these Terms and Conditions or any Services Agreement between us will be submitted to the exclusive jurisdiction of the U.S. federal or California state courts within the County of Los Angeles and the parties hereby submit to, and waive any objection to, personal jurisdiction and venue in these courts for the resolution of any claim. In the event that any term or provision of these Terms and Conditions shall be held to be invalid, void or unenforceable, then the remainder of these Terms and Conditions shall not be affected, impaired or invalidated, and each such term and provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.

Copyright © 2016 BOLD Communication & Marketing LLC