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Terms of use

This website is provided by Bold Strokes Books Incorporated and its affiliates (collectively, “Bold Strokes"). By accessing the Bold Strokes website (the “Site”), you ("User") are indicating your acknowledgement and acceptance of these Terms of Use as well as our privacy policy. These Terms of Use are subject to change by Bold Strokes at any time in its sole discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.

Restrictions on Use

All material included on this Site, and any other Site owned, operated, licensed or controlled by Bold Strokes, such as text, graphics, logos, videos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Bold Strokes, its subsidiaries, affiliated companies and/or third-party licensors and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates Bold Strokes' intellectual property rights.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Bold Strokes.

Bold Strokes grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Bold Strokes) of the contents of the BoldStrokes.com Site, which includes Bold Strokes Software. Bold Strokes further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Boldstrokes.com site so long as the link does not portray Bold Strokes, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. Users of the Site must not:

  1. Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
  2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
  3. Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
  4. Attempt to circumvent the security systems of the Site.
  5. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Bold Strokes server.
  6. Attempt to use the Site for any purposes other than those intended by Bold Strokes, as determined by Bold Strokes in its sole discretion.
  7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

The Content and the functionality of the Site may be updated or changed at any time without prior notice.

Disclaimer

Bold Strokes cannot guarantee that the Site or its content is error free and Bold Strokes makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.

This site is provided by bold strokes on an “as is” and “as available” basis. Bold strokes makes no representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement of third-party rights or intellectual property. You expressly agree that your use of this site is at your sole risk. Bold strokes does not warrant that the information in this site is accurate, reliable, up to date or correct, that this site will be available at any particular time or location or that the site is free of viruses or other harmful components. The content may include technical inaccuracies or typographical errors, and bold strokes may make changes or improvements at any time. You, and not bold strokes, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content. Bold strokes makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

Limitation of Liability

Neither Bold Strokes, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall Bold Strokes be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Bold Strokes has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that Bold Strokes would not grant access to the Site without your agreement to this term.

Intellectual Property

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of Bold Strokes. Nothing posted on this Site grants a license to any Bold Strokes trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

Third Party Trademarks

Trademarks displayed on this Site not owned by Bold Strokes are the property of their respective owners, who may or may not be affiliated with Bold Strokes. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited.

International Use

Bold Strokes makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

Governing Law

You agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of New York. Any dispute or claim relating in any way to your use of this site, or to any products or services sold or distributed by Bold Strokes will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

RISK OF LOSS

The risk of loss and title for all items purchased via the Boldstrokes.com Site pass to the User upon delivery of the item to the carrier.

SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Bold Strokes to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.