Bolder Broadcasting Inc. operates a network of Web sites and services (collectively, "Growing Bolder" or "Growing Bolder Network"). Growing Bolder provides its services subject to the following Terms and Conditions ("Terms of Service.") Growing Bolder may update or modify these Terms of Service without notice. We suggest that you check these Terms of Service from time to time for the most current version. Your continued use of any Growing Bolder Network site after any modification will mean you agree to the Terms of Service as modified. If, at any time, you do not agree to be bound by these Terms of Service, please discontinue your use of the Growing Bolder Network.
The Growing Bolder Network is provided free of charge to you (unless otherwise indicated.) Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Growing Bolder Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
Basic Site Guidelines
We want everyone to feel welcome and to enjoy growingbolder.com so we've created a few guidelines. Basically, we ask you to behave like a good neighbor.
1.You may not post or transmit on GrowingBolder any abusive, inaccurate, defamatory, obscene, or illegal material or any material that contains a virus.
2.You may not post any advertising or solicitation in any public areas. However, you are welcome to post advertisements and business and/or product information on your GrowingBolder personal page.
3. You may not submit copyrighted material to public areas unless you personally hold the copyright to the material, unless the submission constitutes a "Fair Use," or is in the public domain.
4. Please respect other community members. Personal attacks or defamation against others will be grounds for account deletion.
5. Posting or transmission of any material that violates any federal, state, or local law or regulation is prohibited.
6. GrowingBolder reserves the right to reproduce any material posted on or sent to the site. However, private messages in chats and emails are not recorded and will not be reprinted at any time.
7. GrowingBolder is not obligated to screen material posted by members, but reserves the right to review and edit or delete any postings or messages that GrowingBolder in its sole discretion, finds infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable, and to inactivate any account that has been used to violate the GrowingBolder terms of service, membership agreement, or community guidelines.
8. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the Growing Bolder Network that is accessible to the general public nor provide such personally identifying information to people you do not know.
9. If someone harasses you in a public area of GrowingBolder in violation of these guidelines, please let us know. All reported cases of harassment and abuse will be investigated.
Visitors to any Growing Bolder Network site, including www.growingbolder.com, may supply identifying information and become "Members" or "Registered Users." Members have their own personal profile page and access to all social networking and community tools and features including blogs, sharing video, audio and photos. By using growingbolder.com or by registering as a member of the Growing Bolder, you agree to be bound by these Terms of Service and any additional posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
When you register for Growing Bolder or any sites in the Growing Bolder network you represent that you are at least 18 years old. To register you will be required to provide Growing Bolder with the following information: Email address, Date of Birth, Gender, Display Name, First Name, Last Name, Password, ZIP code and country. In addition, you may choose to provide Growing Bolder with additional information, including your mailing address, household income, education, marital status and employment status.
You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible.
Each Growing Bolder Registered User receives a unique display name and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your user name. You may change your password at any time by updating your profile on GrowingBolder.com. You agree to immediately notify Growing Bolder of any unauthorized use of your password or account or any other breach of security. Growing Bolder will not be liable for any loss or damage arising from your failure to comply with this section.
Growing Bolder reserves the right at any time and for any reason to suspend or terminate your account, remove your personal Growing Bolder Web site and bar you from using the Growing Bolder Web site.
By using the Service, or registering as a member, you agree to the following rules. Failure to comply with these rules may lead to the suspension or termination of your membership. GrowingBolder.com reserves the right to investigate and take appropriate legal action against anyone who, in Growing Bolder's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. You agree to not use the Web Site and/or Services to:
1.engage in any criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. submit material that is protected by copyright, patent or any other proprietary rights unless you are the owner of such material or have a license or permission from the owner of any such proprietary rights to provide the material;
3. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
4. harm minors in any way;
5. impersonate any person or entity, including, but not limited to, a Growing Bolder official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Site and/or Service(s);
7. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
9. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Growing Bolder Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, GrowingBolder.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which GrowingBolder.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Growing Bolder Services, you acknowledge that you will have caused substantial harm to GrowingBolder.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay GrowingBolder.com $50 for each such unsolicited email or other unsolicited communication you send through the Growing Bolder Services;
10. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site and/or Service(s) are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. interfere with or disrupt the Web Site and/or Service(s) or servers or networks connected to the Web Site and/or Service(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site and/or Service(s);
12. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
13. "stalk" or otherwise harass another;
14. collect or store personal data about other users;
15. use Growing Bolder content for commercial activities;
16. do anything to prevent the full and complete display of advertisements on Growing Bolder pages;
17. to access, or attempt to access, other members' accounts, and you agree not to interfere with or disrupt the Service or any servers connected to the Service. You agree not to distribute any content that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer-programming routines that are intended to damage, interfere with, or intercept any data or personal information.
18. advertising to, or solicitation of, any Member to buy or sell any products or services through the Growing Bolder Services. 3. covering or obscuring the banner advertisements on your personal profile page, or any GrowingBolder.com page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the Growing Bolder Services or the networks or services connected to the Growing Bolder Services;
21. attempting to impersonate another Member or person;
22. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
23. selling or otherwise transferring your profile;
24. using any information obtained from the Growing Bolder Services in order to harass, abuse, or harm another person;
25. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Growing Bolder Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose;
26. using the Growing Bolder Services in a manner inconsistent with any and all applicable laws and regulations.
You acknowledge that you alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages.
Growing Bolder assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the Growing Bolder Network. Growing Bolder further assumes no responsibility for the deletion of or failure to store e-mail messages.
You understand that the technical processing and transmission of the Web Site and/or Service(s), including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property and Respect Copyright Law Statement
All content of our Web Site and Service(s) is the copyrighted material of Growing Bolder or the appropriate contributor, and is protected by United States and international copyright, trademark and other applicable laws. Growing Bolder is the owner of the entire contents of this Web site, as a collective work under the laws of United States and other copyright laws. The collective work includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. The Web Site and Service(s) includes content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of the Growing Bolder or other third parties.
Except as set forth in the relevant license agreements, nothing contained in our Web Site and/or Service(s) grants any license or other right to any of Growing Bolder's intellectual property or any third party's intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the Web Site and/or Service(s). You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our Web Site and/or Service(s) without obtaining the written permission of Growing Bolder.
If you are a holder (or agent thereof) of copyright or other proprietary rights and you believe that any User Content infringes upon such proprietary rights, you may submit a notice to the Company pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (i) the signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (ii) identification of the work or multiple works alleged to have been infringed; (iii) identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit the Company to locate the material; (iv) contact information for the Company to contact you, including an address, telephone number and/or e-mail address; (v) your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (vi) your statement that the information in the notice to the Company is accurate and, under penalty of perjury, that you are authorized to act on behalf of the allegedly infringed work. You acknowledge that your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act.
For all inquiries regarding this Site, including DMCA notices, Copyright Infringement and Legal matters follow the link titled Contact Us at the bottom of this page and your inquiry will be routed to the appropriate department for resolution.
With regard to user-generated exchanges of information and inclusion of content, any information and any content that you upload, exchange, share, store, send or otherwise make available through the Web Site or Service(s) ("User Content") is your responsibility and Growing Bolder assumes no liability or responsibility for such user generated information and content. This includes, but is not limited to, chat, blogs, email, email addresses and other personally identifying information, sms, text, photos, video, audio and any other User Content that you may provide or make available and accessible to other users of the Web Site or Service(s). As the user of the Web Site and/or Service(s), you are hereby acknowledging that the community oriented functionality of the Web Site and Service(s) is inherently intended to provide users with the opportunity to share and provide information that you voluntarily provide and desire to make public and allow any other user of the Web Site and/or Service(s) access to that information. You further acknowledge that certain community features may allow users to contact and otherwise communicate with you directly. Growing Bolder does not make any representations or guarantees of confidentiality or privacy and accepts no responsibility for User Content and other information provided by users of the Web Site and Service(s). Growing Bolder is not responsible for monitoring or policing this exchange of information and it is your responsibility to understand the nature of such communication mediums and use your own judgment and consideration as to what information you provide, exchange and otherwise make available. You are using the Web Site and/or Service(s) with the express knowledge that you are sharing information with known and unknown people and you assume all risks, consequences, liability and responsibility inherent with that exchange of information. In addition, Growing Bolder does not control the User Content posted via the Web Site or Service(s) and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Web Site and/or Service(s), you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Growing Bolder be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Web Site and/or Service(s).
Growing Bolder expressly states and you hereby acknowledge and understand that the Company is not accepting any responsibility for monitoring or policing the exchange of User Content and other information included or otherwise made available through the Web Site or Service(s) and that the Growing Bolder does not accept any liability or responsibility express or implied involved with or resulting from the use of the Web Site and Service(s). However, as the provider of the Web Site and Service(s), Growing Bolder reserves the right to monitor, view, store, forward and use any and all information and content provided by you through the use of the service. Furthermore, Growing Bolder may use any and all User Content and other information made available or otherwise provided by you through the use of the Web Site and Service(s) in various ways, including but not limited to, understand user behavior and patterns, for internal discussion, make decisions about advertising placement and sponsors, improving the quality, functionality and user experience of the Web Site and Service(s) and any related materials. Furthermore, you acknowledge and agree to comply with and strictly adhere to the member conduct detailed in the Member Conduct section of this agreement.
You are solely responsible for User Content that you provide on the Web Site or Service(s). With respect to User Content, you hereby represent and warrant that (a) you own the User Content or have all necessary licenses or permissions necessary to provide the User Content and authorize Growing Bolder to use all copyright, patent or other proprietary rights in and to any User Content in manner required pursuant to the Web Site or Service(s); and (b) you have the written consent, license or permission of each identifiable person to include any name or likeness of such person in the User Content.
Growing Bolder does not claim ownership of User Content you submit or make available for inclusion on the Web Site and/or Service(s). However, with respect to User Content you submit or make available for inclusion on publicly accessible areas of the Web Site and/or Service(s), you grant Growing Bolder (and other users of the Web Site and/or Service(s)) the following world-wide, perpetual, irrevocable, sub-licensable, assignable, royalty-free and non-exclusive license(s), as applicable: (a) with respect to User Content you submit or make available for inclusion on publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Web Site and/or Service(s) solely for the purposes of providing and promoting the publicly accessible areas to which such User Content was submitted or made available; and (b) with respect to User Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Web Site and/or Service(s), the license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Web Site and/or Service(s) are those areas of Growing Bolder network of properties that are intended by the Company to be available to the general public. By way of example, publicly accessible areas of the Web Site and/or Service(s) would include message boards and portions of clubs and groups that are open to both members and visitors. However, publicly accessible areas of the Web Site and/or Service(s) would not include portions of any clubs and groups that are limited to members.
Growing Bolder reserves the right to discontinue or modify any parts of the Service with or without notice to you. Growing Bolder shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site.
Limitations on Use
Growing Bolder reserves the right to establish limits concerning use of the Web site, including, but not limited to:
* Number of days that User Content will be posted and archived
* Number of groups to which you may belong
* Number of files (photographs, videos, or sound/music files) that may be
Disk space that will be allotted on Growing Bolder servers on your behalf
Number of Emails that you can send
You agree that Growing Bolder has no responsibility or liability for the deletion of or failure to store any messages and other communications or other User Content, provided by you or otherwise, maintained or transmitted by Growing Bolder.
Third Party Links
Disclaimer of Warranties
You expressly agree that use of the Growing Bolder Network, including but not limited to all content, services, digital products, courses, events, tools and products purchased through the Growing Bolder Network, is at your sole risk. The Growing Bolder Network is provided on an "as is" and "as available" basis. Growing Bolder expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Growing Bolder enables the sharing of diverse ideas and viewpoints. The constant interactive nature of Internet postings makes it impossible for us to assume responsibility for any of the materials posted by visitors, registered users, experts or gurus. These materials, including but not limited to any text, data, photographs, video, music, sound, chat, messages or files, are not endorsed by Growing Bolder, and we make no guarantee regarding the reliability, accuracy, or quality of any content posted on the Web site. You agree to make your own independent evaluation of the information as applied to you. No information obtained from Growing Bolder, whether oral or written, shall create any warranty not expressly set forth in these terms of service.
You agree and acknowledge that your use of the Web Site and/or the Service(s) is at your sole risk. The company and its affiliates, third party licensors and service providers and their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Web Site and/or Service(s) and your use thereof. The company makes no representations or warranties regarding the accuracy or completeness of the content on the Web Site and/or the Service(s) or on any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies, (ii) personal injury or property damage, of any nature whatsoever, resulting from your use of the Web Site and/or Service(s), (iii) any unauthorized access to or use of the company's secure servers or any and all personal or financial information stored therein, (iv) any interruption or cessation of your use of the Web Site and/or Service(s), (v) any bugs, viruses, or Trojan horses, or related problems that may be acquired or transmitted in connection with the Web Site and/or the Service(s), and/or (vi) any errors or omissions in any user content or for any loss or damage of any kind incurred as a result of the use of any content posted, provided, transmitted, or otherwise made available via the Web Site or the Service(s). The company does not represent, warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party on the Web Site, Service(s), any linked Web site, or banner or other advertising, and the company will not in any way be responsible for monitoring any transaction between you and third-party providers.
Limitation of liability
IN NO EVENT WILL GROWING BOLDER OR ITS AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (I) ANY PARTY'S USE OF THE WEB SITE AND/OR SERVICE(S) OR A LINKED SITE, (II) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA, (III) ANY LOSS OF USE RELATED TO OUR WEB SITE AND/OR SERVICE(S) OR A LINKED SITE, (IV), ANY WEB SITE OPERATED BY ANY THIRD PARTY, (V) OR ANY CONTENT OF THIS WEB SITE OR ANY LINKED SITE, EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Growing Bolder and its affiliates, licensors and contractors and their respective officers, directors, employees or agents, from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, arising from or related to your use of the Growing Bolder Network, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
Growing Bolder reserves the right to terminate the Web Site, the Services, and/or your membership at any time for any reason. Additionally, we may choose to remove any or all of the content you submit in connection with the Service at any time and without notice to you.
You are solely responsible for any interaction with other members or visitors of the Growing Bolder Network. Growing Bolder reserves the right but shall have no obligation to monitor disputes between you and any other member of the Growing Bolder network.
Growing Bolder does not encourage, solicit, or permit visitors who are known to be under the age of 18 to become a member of Growing Bolder Network.
These Terms of Service constitute the entire understanding between you and Growing Bolder as to the subject matter hereof, and supersede all prior agreements and understandings. If any provision of these Terms of Service are found to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions and that the remainder of the Terms of Service will remain in full force and effect.
Growing Bolder reserves the right to terminate free access to the Growing Bolder Network including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Growing Bolder reserves the right to provide you with notice of such change by prominently posting a notice on the Growing Bolder Network and/or sending written notice to you at any email and/or post office address you have provided to Growing Bolder. Once free access is terminated, Growing Bolder may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Growing Bolder Network and/or any for-pay content, services, digital products, products, events, tools or products.
Last updated: December 18, 2008
Copyright 2006-2009, Bolder Broadcasting, Inc. All rights reserved.