Introduction
These Terms and Conditions (“Terms”) govern the use of the https://boldelements.shop website and any related mobile applications (together, the “Site“) operated by Bold Elements® Tops, Clothing, Jeans, Dresses, Pants (“Bold Elements,” “we,” “us,” or “our“).
Please read these Terms carefully before using our Site. By accessing or using the Site, you signify your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Site. We may modify these Terms at any time without notice, and such modifications shall be effective immediately upon posting to the Site. Your continued use of the Site after any changes to the Terms constitutes your acceptance of the new Terms. You should visit this page periodically to review the current Terms.
Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates applicable law or infringes our intellectual property rights or those of any third party.
- Access or tamper with non-public areas of the Site, our computer systems, or the systems of our technical providers.
- Probe, scan, or test the vulnerability of any system or network related to the Site.
- Breach or circumvent any authentication or security measures used by the Site.
- Interfere with or damage the Site through hacking, spamming, uploading malicious code, or distributed denial-of-service attacks.
- Use scraping or data extraction methods to access or gather content from the Site.
- Reverse engineer any aspect of the Site.
- Frame or utilize framing techniques to enclose any trademark or logo or other proprietary information of Bold Elements.
- Use any meta tags or other hidden text with our name, trademark, URL or product name.
- Post, distribute, or reproduce in any way any copyrighted material, trademarks, rights of publicity, or other proprietary rights without obtaining prior written consent of the owner.
- Use bots or other automated methods to access the Site, add or modify Content posted on the Site, register for accounts, purchase products, or otherwise interfere with the proper functioning of the Site.
- Post, distribute, or reproduce any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material.
- Violate the security of any computer network or identify, crack or disclose passwords, access codes or other means of obtaining unauthorized access to the Site or any connected network or system.
Site Content & Intellectual Property Rights
The text, images, videos, graphics, logos, apps, code, and other content available on the Site (“Content“) is the property of Bold Elements or its content suppliers and is protected by intellectual property laws. All rights in and to the Content is reserved to Bold Elements and its licensors.
You may access and view Content on the Site, but you may not copy, reproduce, distribute, license, transfer, modify, create derivative works from, publicly display, publicly perform, republish, upload, store, transmit or otherwise use Content without our prior written consent. If you infringe any intellectual property rights on the Site, Bold Elements reserves the right to terminate your access to and use of the Site and remove any infringing material at any time without notice.
Any feedback, suggestions, or ideas you provide relating to the Site becomes the property of Bold Elements. By submitting ideas or any other materials, you agree that Bold Elements is free to use such materials without any restriction or compensation to you. You also agree not to enforce any rights in the materials provided.
User Content
If you enable features on the Site that allow you to upload, transmit, store, post, or submit audio, video, text, or other content that is not owned by Bold Elements (“User Content”), you represent and warrant that you have the right to do so and that such User Content will comply with the requirements provided herein.
Bold Elements claims no proprietary rights over User Content. However, by uploading or posting User Content on the Site, you grant Bold Elements a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, store, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display such User Content in whole or in part on the Site and affiliated sites.
You must comply with the following when posting User Content:
- User Content must be non-confidential and non-proprietary.
- User Content is subject to a pre-screening process. Bold Elements reserves the right to review, block, or remove User Content at any time without notice at its sole discretion.
- User Content must not infringe any third party intellectual property rights or violate any applicable laws.
- User Content must not contain any personal details or private information.
- User Content must not contain software viruses, spam, or other harmful or malicious computer code.
Bold Elements reserves the right to terminate your access and remove your User Content if any of the above terms are violated.
Purchases on the Site
You may have the option to purchase products or services on the Site. You agree to provide accurate and complete billing, shipping, and other contact information when placing an order.
Any product descriptions, information, graphics, and pricing provided on the Site are for informational purposes only and are subject to change. Prices do not include sales tax, shipping and handling fees, or other applicable charges, all of which will be added to your total amount due.
All orders are subject to acceptance and availability. We reserve the right to cancel, modify, or decline orders at any time in our sole discretion. If we cancel an order, the purchase price will be refunded to you in full within a reasonable time.
By submitting an order, you represent that the products will be used only for lawful purposes and consistent with these Terms and all applicable laws.
Disclaimer of Warranties
Your use of the Site is entirely at your own risk. The Site is provided on an “As Is” and “As Available” basis without warranties of any kind.
To the maximum extent permitted by applicable law, Bold Elements and its suppliers make no representations, warranties, conditions or guarantees as to the suitability, usability, availability, accuracy, completeness or timeliness of the Site. Bold Elements makes no warranties, conditions or guarantees that:
- The Site will meet your needs or requirements.
- The Site will be uninterrupted, secure, timely or error-free.
- The information provided through the Site is accurate, reliable or correct.
- Any errors or defects in the Site will be fixed.
- The Site is free of viruses or harmful components.
All implied warranties including merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed to the fullest extent permitted by law.
Limitation of Liability
Bold Elements and its officers, directors, employees, agents, partners and licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising from your use or inability to use the Site or any Content, including damages arising from mistakes, errors, omissions, interruptions, deletions or any failure to store or transmit data accurately. This includes damages for loss of profits, use, data or other losses resulting from your access to or use or inability to access or use the Site regardless of the form of action and whether we have been informed of the possibility of such damages.
In no event shall Bold Elements’s total liability arising from or related to the Site exceed the greater of $100 or the amount paid by you to Bold Elements in the past 12 months.
Certain jurisdictions do not allow limitations on implied warranties or exclusions of liability. In such jurisdictions, some of the above limitations and disclaimers may not apply to you. In such jurisdictions, the liability of Bold Elements and its affiliates shall be limited to the greatest extent permitted by applicable law.
Indemnification
You agree to indemnify and hold harmless Bold Elements and its officers, directors, employees, agents, partners and licensors from any claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) arising from your use of the Site or any violation of these Terms. Bold Elements reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification.
Termination
These Terms remain effective until terminated by either you or Bold Elements. You may terminate by discontinuing your use of the Site.
We may terminate or suspend your access to all or part of the Site at any time, for any reason, with or without notice. Upon termination, all rights granted to you under these Terms will immediately cease. Any termination will not affect your obligations to Bold Elements arising prior to termination.
Dispute Resolution & Arbitration
Any dispute arising from your use of the Site will be governed by the laws of the State of New York without regard to conflicts of law principles. If a dispute is not resolved informally, it shall be resolved through binding arbitration rather than in court. The arbitration will be conducted by the American Arbitration Association under its Consumer Arbitration Rules applying New York law. Any arbitration shall take place in New York, NY. A single neutral arbitrator shall preside over the arbitration and shall be selected by mutual agreement, or otherwise appointed in accordance with the AAA Rules. The arbitration shall be confidential, and neither you nor Bold Elements may disclose the existence or results of any arbitration, except as provided in the Federal Arbitration Act and AAA Rules. Judgment on any arbitration award may be entered in any court with proper jurisdiction. Any court may award the prevailing party costs and fees of the arbitration proceeding as the court deems equitable. By using the Site, you consent to the exclusive jurisdiction and venue of the arbitration proceeding and courts located in New York, NY to adjudicate any disputes arising under these Terms.
Modifications
Bold Elements reserves the right, at our discretion, to update these Terms from time to time. We will notify of substantial amendments by posting the revised Terms on the Site homepage. Your continued use of the Site after any changes become effective constitutes your binding acceptance of the new Terms. You should check these Terms periodically for changes.
Minor changes and clarifications may take effect immediately and without notice. It is your responsibility to periodically review the most up-to-date Terms. The effective date provided at the top of this page indicates when the latest changes were implemented.
General Terms
These Terms constitute the entire agreement between you and Bold Elements pertaining to the Site. These Terms do not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in these Terms shall limit Bold Elements’s ability to seek injunctive relief in any court of competent jurisdiction. If any provision is deemed unenforceable by arbitration or court order, the remaining provisions will remain in effect. Certain provisions which by their nature should survive termination of these Terms shall survive termination. No failure or delay by you or Bold Elements to exercise any right under these Terms will waive that right. All notices from you to Bold Elements regarding these Terms must be emailed to [email protected].
Contact Us
Please email [email protected] for any questions about these Terms.