WEBSITE TERMS
Last Updated: August 22, 2024
These Terms of Use apply to all websites that are owned, operated, and maintained by or for Bold Penguin, Inc. and our affiliates (“we,” “us,” or “our”) including boldpenguin.com and other websites on which these Terms of Use are linked (“Site”) as well as your use of the services we provide and other transactions and engagements you might have with us (collectively, “Services”).
1. General Provisions
THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AND ANY CUSTOMER TERMS, SUPPLEMENTAL TERMS, STANDARDS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (COLLECTIVELY, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THE SITE AND SERVICES. NOTWITHSTANDING THE FOREGOING, IF YOU ENTER INTO A SEPARATE AGREEMENT WITH US IN CONNECTION WITH SPECIFIC SERVICES, THE SEPARATE AGREEMENT WILL GOVERN YOUR RELATIONSHIP WITH US AS TO THE SUBJECT MATTER THEREOF.
By entering this Site or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site or the Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully.
We may modify the Terms from time to time, and we reserve the right to make changes at any time, without notice or obligation, to the Site or Services. We will provide notice of the change via a post on the Site. We suggest periodically visiting this page of the Site to review these Terms.
You represent and warrant that you are the person you claim to be in your interactions with us, the Site, and Services. You will use the Site and Services in compliance with all applicable laws and regulations and you will not use them to defraud, harm, or impersonate another person.
2. User Guidelines
You agree that when using the Site or Services, you will act in a manner consistent with the goals of the Site and Services, and by way of example, and not as a limitation, you specifically agree that:
a. You will not violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance.
b. You will not post information on or download information from the Site or Services unless you have all rights and authority necessary to do so.
c. You will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or other material or information that we in our sole discretion views as objectionable, including but not limited to text, graphics, audio and video files.
d. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any person.
e. You may express your disagreement with someone’s point-of-view but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, gender identity, disability, or other similar quality or circumstance, are strictly prohibited.
f. You will not impersonate another person or entity or communicate under a false name or a name that you are not entitled or authorized to use.
g. You will not post or transmit surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content.
h. You will not falsify or delete any author attributions, legal or other notices or proprietary designations or labels of the origin or source of software or other material posted on the Site or used as part of the Services.
i. You will not post or transmit files that contain viruses, corrupted files or other similar software, programs, or routines that may damage the operation of another’s computer, the Site, or the Services.
j. You will not attempt to “crack,” “hack,” “bomb,” manipulate, or otherwise gain unauthorized access to another person’s user information, our servers, our software, or areas of the Site or Services not intended for your access.
k. You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to other individuals or entities, except in areas we designate for such purposes.
l. You will not harvest, mine, or otherwise collect or store personal information about others, including, without limitation, e-mail addresses.
m. You will not use or launch any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., that accesses the Site or Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we permit the operators of public search engines to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
n. You agree not to solicit, for commercial purposes, users of the Site or Services.
3. User Data
We will maintain certain data that you transmit as part of the Site and Services to manage the Site and Services and provide the Site and Services to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we shall have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Site and Services.
As a user, you may post or submit content to the Site or via the Services (“User Content”). You understand that whether or not such User Content is published, we do not guarantee confidentiality with respect to it.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all of your User Content to enable use of the User Content in the manner contemplated by the Site, Services, and these Terms.
4. Termination
We may suspend or terminate your use of the Site or Services at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Site or Services.
5. Service Information
The Site provides information about our services and other information for educational purposes only. Nothing on our Site constitutes an offer to provide Services to you. Information on the Site is subject to change without notice and we do not warrant its completeness, accuracy, or currency. Further, we allow you to complete an informational form to indicate that you may be interested in our Services. Our provision of this inquiry form does not constitute an offer to provide Services.
Although we endeavor to provide accurate information on the Site, errors may occur and we will not be bound to any displayed information.
This Site shall not be used or relied upon by you as a substitute for information that is available to you from one of our authorized representatives.
6. Careers
Our Site may offer job opening information and provides you an opportunity to apply for employment with us. You understand that nothing contained on the Site constitutes an offer of employment with us.
7. Disclaimer of Warranties
The Site and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays, or errors in the transmission or delivery of any communications, information, materials, or services through the Site or Services. To the extent a jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.
We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Site or Services or any website linked to the Site or Services.
8. Our Intellectual Property
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site and Services constitute trade dress and are either our property or used on the Site or Services with permission. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site or Services may be their respective owners' trademarks and property.
You acknowledge and agree that the Site and Services, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, reverse engineer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site or Services.
Images, logos, and trademarks of third parties are used on our Site and in connection with our Services with permission of their owner.
9. Digital Millennium Copyright Act Notice
If you believe that any material on this Site infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:
Attn: General Counsel
Bold Penguin, Inc.
100 E. Broad Street
15th Floor
Columbus, OH 43215
Tel: (614) 344-1029
Email: legal@boldpenguin.com
We require that you provide a written or email notice. In your notice, please include:
· Your physical or electronic signature;
· Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
· Identification of the material that you claim to be infringing, and where the material is located on the Site;
· Your address, telephone number, and email address;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
· A statement, under penalty of perjury, that the information in your notice is accurate.
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
We may need to contact you to obtain additional information prior to acting on your notice, and you give us permission to do so. Upon receiving actionable notice that any material on the Site infringes a copyright, we will remove such material subject to applicable law. If we receive a counternotice, we will forward it to the person who requested removal. We do not investigate or resolve copyright disputes.
10. Limitation of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES, VENDORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, , INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OUR AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OF SOME LIABILITIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Jury Trial Waiver
EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR A RISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED INANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THIS SECTION HAS BEEN FULLY DISCUSSED BY EACH OF THE PARTIES HERETO AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.
12. Governing Law
The Terms are governed according to the laws of the State of Ohio, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought solely in the state or federal courts located in Franklin County, Ohio, and the parties agree to the jurisdiction thereof.
13. Indemnity
a. Indemnification by Us. We will defend you against any claim, demand, suitor proceeding made or brought against you by a third party alleging that the use of this Site or the Services infringes or misappropriates such third party’s intellectual property rights (a “Claim Against You”), and will indemnify you from any damages, attorney fees and costs finally awarded against you as a result of, or for amounts paid by you under a court-approved settlement of, a Claim Against You, provided you (1) promptly give us written notice of the Claim Against You, (2) give us sole control of the defense and settlement of the Claim Against You (except that we may not settle any Claim Against You unless it unconditionally releases you of all liability), and (3) give us all reasonable assistance, at our expense. If we receive information about an infringement or misappropriation claim related to this Site or the Services, we may, in our discretion and at no cost to you: (i) modify the Site or the Services so that it no longer infringes or misappropriates, without breaching our warranties; or (ii) obtain a license for your continued use of the Site or the Services. Notwithstanding the foregoing, the above defense and indemnification obligations do not apply to the extent a Claim Against You arises from: (i) modifications to the Site or the Services made by a party other than us; (ii) combining the Site or the Services or any part thereof with any other products, hardware, software, applications, processes, or technologies, to the extent the alleged infringement would have been avoided but for such combination; (iii) any unauthorized use of the Site or the Services; or (iv) any services other than the Site or the Services.
b. Indemnification by You. You will defend us against any claim, demand, suit or proceeding made or brought against us by a third party alleging that your Services Data, or your use of the Site or the Services, infringes or misappropriates such third party’s intellectual property rights, or violates any third party privacy rights (a “Claim Against Us”), and will indemnify us from any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by us under a court-approved settlement of, a Claim Against Us, provided we (i) promptly give you written notice of the Claim Against Us, (ii) give you sole control of the defense and settlement of the Claim Against Us (except that you may not settle any Claim Against Us unless it unconditionally releases us of all liability), and (iii) give you all reasonable assistance, at your expense.
14. Links
The Site or Services may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those sites. We are not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsements on any other sites to which the Site or Services may be linked to or from which the Site or Services may be accessed. Further, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.
15. Force Majeure
We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
16. Feedback
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.
17. Miscellaneous
The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.
Contact Information
If you have any questions about the Site, our Services, or the products we offer, please contact us using the information below.
Bold Penguin, Inc.
100 E. Broad Street 15th Floor
Columbus, OH 43215
Tel: (614) 344-1029
Email: info@boldpenguin.com