Terms of Service

Bolt Creative, Inc. (“BOLT CREATIVE”, “We” or “Us”) Internet Web Site Terms Of Use

Last updated: October, 25 2011

Effective as of: October, 25 2011

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND BOLT CREATIVE AND GOVERN YOUR ACCESS TO, AND USE OF, THE BOLT CREATIVE WEBSITE LOCATED AT WWW.BOLTCREATIVE.COM AND/OR STORE.BOLTCREATIVE.COM, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (COLLECTIVELY, THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. BOLT CREATIVE MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. BOLT CREATIVE CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions

BOLT CREATIVE provides certain information, content, logos, graphics and images (together, the “Materials”).  These Materials are made available to you by BOLT CREATIVE and are the copyrighted and/or trademarked work of BOLT CREATIVE or BOLT CREATIVE’s contributors. Any games available through this Site are subject to the terms of the license accompanying the game. BOLT CREATIVE provides rules and/or guidelines (“Rules of Participation”) for certain activities on this Site including, without limitation, contests and sweepstakes by BOLT CREATIVE and in conjunction with third parties. These Terms are incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

BOLT CREATIVE grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.

You agree that you have all rights to any ideas, submissions or other content that you upload to or end to Bolt Creative through the Site (“Your Content”). You hereby grant to BOLT CREATIVE a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish and distribute Your Content in any manner to provide you with the services and the functionality on the Site and to improve Bolt Creative’s products.

Payment and Electronic Communications

If applicable, you are expressly agreeing that BOLT CREATIVE or its third party payment processor is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with BOLT CREATIVE in connection with your use of the Site and purchases that you make through this Site.  You agree that you will be transferred to the paypal website to complete your purchases initiated on this Site and the fees will be billed to the credit card or your paypal account you provide in accordance with the paypal billing terms in effect at the time a fee or charge is due and payable. If payment is not received or cannot be charged to your credit card or paypal account for any reason, BOLT CREATIVE reserves the right to not fulfill your purchase request.

By using the Site, you consent to receiving electronic communications from BOLT CREATIVE. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and services. These electronic communications are part of your relationship with BOLT CREATIVE and you receive them as part of your purchases through the Site. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy

Your use of this Site is governed by the BOLT CREATIVE Privacy Policy, which is available at http://www.boltcreative.com/privacy-policy/ (the “Privacy Policy”).

Third Party Content

Certain information and other content may be the material of third party licensors and suppliers to BOLT CREATIVE (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. BOLT CREATIVE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

This Site may be linked to other sites that are not BOLT CREATIVE sites. BOLT CREATIVE is providing these links to you only as a convenience, and BOLT CREATIVE is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Unauthorized Activities

Your Content and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold BOLT CREATIVE and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) BOLT CREATIVE or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your name violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. BOLT CREATIVE may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at BOLT CREATIVE’s discretion, BOLT CREATIVE will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Proprietary Rights

BOLT CREATIVE is a trademark of BOLT CREATIVE in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of BOLT CREATIVE, Copyright © 2011 BOLT CREATIVE, INC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by BOLT CREATIVE, and they may include inaccuracies or typographical or other errors. BOLT CREATIVE does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. BOLT CREATIVE has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by BOLT CREATIVE or our licensors.

BOLT CREATIVE, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. SPECIFICALLY, BOLT CREATIVE MAKES NO EXPRESS OR IMPLIED REPRESENTATION THAT THE USE OF THE SITE OR OUR SERVICES WILL RESULT IN YOUR ACHIEVEMENT OF ANY GOALS OR PLANS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BOLT CREATIVE DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

BOLT CREATIVE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL BOLT CREATIVE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BOLT CREATIVE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

BOLT CREATIVE controls and operates this Site from its headquarters in the United States of America and the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General

If you violate these Terms, BOLT CREATIVE may terminate and/or suspend your access to this Site without notice for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. BOLT CREATIVE’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and BOLT CREATIVE and supersede all prior or contemporaneous negotiations, discussions or agreements between you and BOLT CREATIVE about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

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