TERMS & CONDITIONS OF USE


1. Use of this website (the Site)

This Site is operated by Bold Ride, LLC (Bold Ride), a Delaware limited liability company. Any use by you of the Site is conditional upon your acceptance of these Terms & Conditions. We reserve the right to amend these Terms & Conditions from time to time without notice and in our sole discretion.


We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts of the Site without notice or liability.


2. Content on the Site.

The Site displays content, including photos, video, and text, (Site Content) from a variety of sources, and includes:


  • a. proprietary content created or commissioned by Bold Ride;
  • b. content in the public domain, including because the term of copyright has expired or because the content is not copyrightable;
  • c. content provided to us by automobile, public relations, and marketing companies for press purposes;
  • d. user submitted material, pursuant to our Terms & Conditions;
  • e. material published on Flickr, YouTube, or similar sites, and made available pursuant to licenses granted under Creative Commons or to terms and conditions allowing our publication of the materials; and
  • d. material subject to the Fair Use Doctrine as applicable under U.S. law.

Because our content comes from a variety of sources, we only make it available to you for your personal, non-commercial viewing use. Any other uses, such as reproduction and distribution, must be cleared with Bold Ride and/or the owner of the materials in question. Just because we have been given the opportunity to reproduce materials for use on the Site, it does not mean you have the right to use them for other purposes.


Bold Ride content is provided entirely on an As Is basis. We are not responsible for, and do not guarantee the accuracy of, any information that has been provided to us by third parties, including car manufacturers, who are wholly responsible for the accuracy of the content they provide. Use of the information contained on the Site is entirely at your discretion. We are not responsible if you rely on information on the Site provided to us by third-parties and that information proves to be incorrect.


TO THE FULLEST EXTENT ALLOWED BY LAW, BOLD RIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SITE CONTENT, INCLUDING WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

3. User submitted materials.

Any content you submit to the site (Submitted Materials), including through your Bold Ride account, shall be subject to these Terms & Conditions.


a. Representations with respect to Submitted Materials. With respect to any Submitted Materials, you represent and warrant as follows:


  • i. That you own, have permission from the owner, or are authorized by the owner of the Submitted Materials to send them to us for display on the Site;
  • ii. That you are the author of any text that you have sent to us or you have permission from or are authorized by the owner of such text to send it to us;
  • iii. That all necessary model releases have been obtained from any clearly identifiable person appearing in any image or video, together with any other relevant consents required, and that the use of any Submitted Materials on the Site or pursuant to the licenses granted herein does not breach any copyright, moral right, or other right of any other person or entity;
  • iv. That the Submitted Materials are not obscene, do not reveal any proprietary or trade secrets, and do not defame or libel any person or invade any persons privacy; and
  • v. That you have full power and authority to grant the licenses and authorizations granted herein, and that submission of the Submitted Materials and use and display of same will not be contrary to any law or any contract or agreement with any third-party.

Bold Ride will not be liable for any loss, damage or personal injury whatsoever suffered or sustained by any person or entity that results from or arises out of use or display of Submitted Materials as authorized herein. You agree to indemnify and hold harmless Bold Ride, its subsidiaries and affiliates against any loss, damages, costs or claims, including reasonable attorneys fees, arising out of a breach of any of the foregoing representations and warranties.

Any breach of the foregoing representations and warranties will also, among other things, make the related Submitted Materials subject to immediate removal from the Site.

Entrants should retain copies of all Submitted Materials for their records, as Bold Ride shall not have any obligation to preserve or return Submitted Materials.


b . Bold Rides use of Submitted Materials. Bold Ride will be the owner of any comments, emails, or other textual communications you send to us, and we will have the right to publish, reproduce, and otherwise use such materials in perpetuity without further notice or payment to you.

By submitting other Submitted Materials, including photographs and videos, you grant Bold Ride an irrevocable, non-exclusive, worldwide royalty-free license to reproduce, publicly display, distribute, publicly perform and create derivative works from the Submitted Materials, in all media, solely in connection with the Bold Ride Site and any

partner, affiliate or successor site or publication platform (such as a Facebook page, app, or platform to be developed in the future.) The license granted to Bold Ride includes the right to make the Submitted Materials available to third-parties for viewing on computer screens and other media devices and for storage in electronic format.


c. Submitted Materials Guidelines. Bold Ride is not responsible for information contained in Submitted Materials. In order to maintain the appropriate tone on the Site, we offer the following guidelines for such materials:


  • i. Submitted Materials should not be threatening, harassing, defamatory, or libelous;
  • ii. Submitted Materials should be correct to the best of the submitters knowledge;
  • iii. Submitted Materials should not offer to sell or buy any product or service.
  • iv. Submitted Materials should not infringe the patents, trademarks, or copyrights of other people, and should not reveal trade secrets;
  • v. If you have received compensation in return for a product enforcement, you should make the disclosures required by applicable law;
  • vi. Submitted Materials should not breach any undertaking of confidentiality or otherwise be unlawful; and
  • vii. Submitted Materials should not contain information that is intended to deceive or defraud any other person.

We reserve the right to remove any comments or other Submitted Materials that do not comply with these guidelines. If you believe that you have encountered Submitted Materials that are not consistent with these guidelines, you may contact us. In general, we do not remove Submitted Materials merely on request, so please think carefully about the content of any Submitted Materials you submit, including photos and video.


4. Trademarks.

Photos and videos on the Site may, in depicting automobiles, display automobile manufacturers trademarks and tradenames. Such display is for editorial purposes, does not constitute use of the trademarks in commerce, and is protected by the doctrine of Fair Use. Please note that if you make other uses of manufacturers trademarks, they may have rights and remedies available against you under trademark law.


5. Copyright Notice.

We comply with the Digital Millennium Copyright Act. To file a notice of copyright infringement with us, you must do so in writing to the following email address: admin@boldride.com, and put Bold Ride DMCA infringement concern in the subject line. Please provide us the following information in the substance of your email:


  • a. A description and the exact location, including the permanent URL, of the allegedly infringing content;
  • b . Contact information, including an email address and telephone number;
  • c. A statement as to your claim of ownership of the content;
  • d . Proof of copyright;
  • e. A sworn statement that, I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.; and
  • f . A signature, which may be in the following format: /first name last name/.

Please note that if you materially misrepresent any fact in a notice of infringement you may be liable for damages (including attorneys fees).


6. Links.

From time to time the Site may contain links to other sites or content embedded on other sites. By providing these links and embeds, Bold Ride does not guarantee, approve, endorse, or otherwise back the services, products or information on the third- party sites. Nor does a link or embed indicate any kind of partnership, association, or affiliation with any third-party site. You are solely responsible for your use of content from third-party sites.


7. Intellectual Property.

The design and overall look and feel of the Bold Ride Site is the property of Bold Ride, and nothing herein or therein shall constitute a waiver of rights therein. The trademarks of Bold Ride shall remain the sole and exclusive property of Bold Ride, and nothing herein shall grant or imply any right by any person to use such trademarks in any manner whatsoever. Trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bold Ride.


8. Liability Disclaimer.

Bold Ride shall not have any liability to any user of this Site except in the case of recklessness or intentional misconduct.


IN NO EVENT SHALL BOLD RIDE BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING TO THIS SITE OR THESE TERMS & CONDITIONS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BOLD RIDE IS ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF THE SAME.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO BOLD RIDE BY YOU, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE REQUIRED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BOLD RIDE, REGARDLESS OF THE CAUSE OF ACTION.

9.

Nothing herein or related to the Site shall be deemed to create a partnership, joint venture, fiduciary relationship or other association between Bold Ride and any user of this Site.


10.

Bold Ride reserves the right to change any and all content, software and other items used or contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Bold Ride.


11. Governing law.

These Terms & Conditions and all aspects of the Bold Ride Site shall be governed by and interpreted according to the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. By accepting these Terms & Conditions, you agree that any dispute arising hereunder or with respect to the Site or Services will be subject to the exclusive jurisdiction of the state and federal courts located in the City and County of New York, New York. By using the Site, you expressly acknowledge that you are subject to and submit to the jurisdiction of same.


12. Restriction, Suspension and Termination.

We may restrict, suspend or terminate your access to the Site and/or your ability to avail yourself of any of the services on the Site, including interactive services, at any time for any reason, including if we believe, in our sole discretion, that you have breached these Terms & Conditions at any time or have engaged in any conduct detrimental to the Bold Ride Site or community. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time.


13. Privacy and Security.

Please see our Privacy Policy for information about how we protect user privacy and permitted uses of information we collect. We work hard to protect personal information, including through technical, administrative, and physical safeguards, but no program is completely secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information.


If you are aware of a security issue, please email us at admin@boldride.com.


14. Use of Material Appearing on Bold Ride Site.

You must not download or print Site Content, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form


comprising all or part of the Site Content. You must not reproduce any part of the Bold Ride Site or the Site Content or transmit it to, reproduce or display it on, or store it in any other website, or disseminate any part of the Site Content in any other form, unless we have expressly given permission for you to do so. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Bold Ride, is strictly prohibited and will terminate any licenses granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. By using this Site, you agree that you will be solely liable and responsible for any action that you take that infringes the intellectual property rights of any third-party, and you agree to indemnify and hold harmless Bold Ride from any suit, costs, damages or liabilities of any variety whatsoever, including reasonable attorneys fees, arising from any such infringement or breach of this paragraph.


15. Effective Date and Notification of Changes. Whenever we make changes to the Terms & Conditions, we will indicate as much on this Terms & Conditions page.


This version of the Terms & Conditions became effective as of March 30, 2011.