Updated: August 24, 2024
ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
These Terms and Conditions (“Agreement”) are made between Bold & Bubbly (“Bold & Bubbly” or “We” or “Us”) and the website and/or product User (“User” or “You”).
ACCEPTANCE OF TERMS AND CONDITIONS
By using this website (the “Site”) in any way, including using, transmitting, downloading, or uploading any of the products or functionality made available or enabled via the Site by Bold & Bubbly, or merely browsing the Site, You agree to these Terms and Conditions (“Terms” or “Agreement”) and the Privacy Policy, which is incorporated herein by reference. You may not use the Site, products, or accept these Terms, if (a) You are not of legal age to form a binding contract with Bold & Bubbly; or (b) You are prohibited by law from receiving or using the Site or products.
ELECTRONIC COMMUNICATIONS
When You use the Site or products, or send e-mails, text messages, and other communications from Your desktop or mobile device to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You in a variety of ways, such as by e-mail, text, push notifications, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
DATA AND PRIVACY
Your privacy is important to Us, and We go to great lengths to protect it. In respect to Your use of the Site and/or products and in relation to any personally identifiable and other data and information You provide to Us through the Site and/or products, You expressly consent to the use and disclosure of that data and information as described in Bold & Bubbly’s then-current Privacy Policy displayed on the Site (“Privacy Policy”).
LINKS TO THIRD-PARTY WEBSITE
Links to third-party Websites on this Site are provided solely as a convenience to You. If You use these links, You will leave this Site. We have not reviewed all of these third-party sites and do not control and are not responsible for any of these sites or their content. Thus, We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the third-party sites linked to this Site, You do this entirely at Your own risk.
GENERAL DISCLAIMER
THE MATERIALS AND INFORMATION PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
We further do not warrant the accuracy and completeness of the materials and information on this Site. We may make changes to the materials on this Site, or to the products and prices described in them, at any time without notice. The materials on this Site may be out of date, and we make no commitment to update the materials at this Site. Information published on this Site may refer to products, programs or services that are not available in Your country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You.
LICENSE GRANT AND RESTRICTIONS
License to Bold & Bubbly Content: Bold & Bubbly hereby grants You a license to view, download and print content provided by Bold & Bubbly, subject to the following conditions: (a) You may access and use Bold & Bubbly Content solely for informational and personal purposes, in accordance with these Terms; (b) You may not modify or alter Bold & Bubbly’s Content; (c) You may not distribute or sell, rent, lease, license or otherwise make Bold & Bubbly Content available to others; and (d) You may not remove any copyright or other proprietary notices contained in Bold & Bubbly Content. Bold & Bubbly reserves the right to revoke the authorization to view, download and print the Content at any time, and any such use shall be discontinued immediately upon notice from Bold & Bubbly. The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Bold & Bubbly.
Intellectual Property Ownership: The Site and products and all Intellectual Property Rights in the Site and products, the Content and any of the Bold & Bubbly’s proprietary technology, including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs (Technology”), and other tangible or intangible technical material or information made available to You by Bold & Bubbly in providing the Site and/or products. Bold & Bubbly’s Site, products, Content, and Technology are the exclusive property of Bold & Bubbly. You hereby assign to Bold & Bubbly any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You related to the Site, products, Content, or Technology. Except as expressly set forth herein, no express or implied license or right of any kind is granted to Users regarding the Site, products, Content, or Technology, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Technology. All rights not expressly granted to You are reserved to Bold & Bubbly.
CHANGES TO TERMS AND CONDITIONS
Bold & Bubbly may change these Terms and Condition from time to time at its sole discretion. Amendments to the Terms shall become effective when We publish the revised Terms and Conditions on the Site. If We makes any substantial changes, we will notify You by sending You an email to the last email address You provided to us and/or by posting notice of the change on the Site. Please note that at all times You are responsible for updating Your Personal Data to provide us with Your most current email address. Any material changes to these Terms will be effective upon the earlier of seven (7) calendar days following our dispatch of an email notice to You or seven (7) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new Users of our Site and/or products.
We may require You to provide consent to the updated Terms and Conditions in a specified manner before further use of the Site is permitted. Otherwise, Your continued use of the website following such notification shall constitute Your affirmative acknowledgement of the changes and Your agreement to abide and be bound by the Terms and Conditions, as amended. If at any time You choose not to accept the Terms and Conditions, including following receipt of notification of any changes hereto, then please terminate Your account to the Site. Please regularly check the Site to view the then-current Terms.
GOVERNING LAW
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. as such laws apply to contracts between Colorado residents performed entirely within Colorado. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the District of Colorado, U.S.A. or in state court in Douglas County, Colorado U.S.A., and You irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Bold & Bubbly.
MANDATORY ARBITRATION
Any dispute or controversy arising out of or relating to any interpretation, construction, performance, termination or breach of these Terms & Conditions, will be settled by final and binding arbitration by a single arbitrator to be held in Parker, Colorado, in accordance with the American Arbitration Association national rules for resolution of employment disputes then in effect, except as provided herein. The arbitrator selected shall have the authority to grant any party all remedies otherwise available by law, including injunctions, but shall not have the power to grant any remedy that would not be available in a state or federal court. The arbitrator shall have the authority to hear and rule on dispositive motions (such as motions for summary adjudication or summary judgment). The arbitrator shall have the powers granted by Colorado law and the rules of the American Arbitration Association which conducts the arbitration, except as modified or limited herein.
AGE
This website is intended for individuals who are 18 and older. Any individuals under the age of 18 are prohibited from using this site.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If You believe that Your work has been copied in a way that constitutes copyright infringement, please submit Your complaint to us directly through email to hello@boldbubbly.com. We respond quickly to the concerns of rights owners about any alleged infringement.
In Your email, please provide us with this information:
- A contact name with an address, telephone number, and email address;
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the site;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
The Bold & Bubbly’s Legal Team for notice of claims of copyright infringement on its site can be reached by email at hello@boldbubbly.com.
CONTACT BOLD & BUBBLY
We welcome Your comments and questions regarding these Terms and Conditions. If You believe We has not adhered to these Terms and Conditions, please contact Us at hello@boldbubbly.com.