Definitions and Interpretation
- “Application” means this iPhone® / iPad® / iOS® (see endnotes) application developed and owned by Social Bolt and its associated website;
- “Content” means any form of information, including, but not limited to, text, graphics, images, audio, video, code, software and data compilations, capable of being electronically stored that forms part of, appears in, or functions in, this Application;
- "Social Bolt" means Social Bolt, or its designees, affiliates or agents;
- “Service” means any current or future electronic, network or online facilities, enablers, tools, services or information that Social Bolt makes available through the Application;
- “Intellectual Property” means any patent, trademark and trade name, copyright or other intellectual property, whether or not registered, existing now or at any time, which is owned or used by or under license with respect to this Application and the Services.
- “System” means any current or future electronic, network or online communications infrastructure that Social Bolt makes available through the Application.
- “User” (or “You(r)”) means any person, entity or party that accesses the Application and is not employed or contract by Social Bolt (acting in the course of their employment).
- Subject to Section 3, all Content, unless uploaded by Users, including, but not limited to, text, images, graphics, logos, icons, sound clips, video clips, data compilations, page layout, underlying code and software, is and shall remain the property of Social Bolt. By use of the Application, You acknowledge that such material is protected by applicable United States and International intellectual property and other laws.
- Subject to Section 4, or unless otherwise indicated in the Application or by Social Bolt, You may electronically or in print reproduce, distribute, store or reuse Content from the Application for personal, noncommercial purposes only. Personal use includes, but is not limited to, social, recreational and educational use. Without limiting the preceding, You agree that (i) You will not use the Content for any commercial purposes whatsoever, and (ii) You will not serially or systematically copy Content from the Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database. Your use of Social Bolt's Intellectual Property under this Section 2.2 shall confer no rights or interests of ownership or title to You, all of which shall remain with Social Bolt.
Third-Party Intellectual Property
Where indicated in the Application, these Terms or Conditions or elsewhere, certain Content and related Intellectual Property are owned by other parties. Such third-party Content and Intellectual Property is not covered by any permission granted by Section 2. Rather, any such Content and Intellectual Property will be accompanied by a notice providing the details and any separate use policy of the owner thereof.
Links to Other Web Sites
This Application may contain links to other sites or sources of information. Unless expressly stated, these sites are not under the control of Social Bolt. Social Bolt assumes no responsibility for the content of such sites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site from this Application doesnot imply any endorsement of the site itself or of those in control of them.
Content Submission and Communication Rules
When using the Application or related communication facilities, enablers, tools or services, or when submitting Content to or through the Application:
- You are prohibited from submitting Content that is unlawful in any jurisdiction(s) applicable to Your usage, or that is otherwise objectionable, including, but not limited to, Content that is abusive, threatening, harassing, defamatory, bigoted, ageist, sexist or racist, or that is obscene or vulgar;
- You are prohibiting from submitting Content that is intended to promote or incite violence;
- Content submissions are required to be made using the English language. Content in any other language may be removed with or without advance or subsequent notice in Social Bolt's sole discretion;
- You are prohibited from including links to other websites containing any of the preceding types of Content described in Sections 5.1, 5.2 and 5.3;
- You are prohibited from engaging in any form of commercial advertising or activity. This does not prohibit references to businesses for non-promotional purposes or references where advertising may be incidental;
- You are prohibited from impersonating any other person or entity;
- You are prohibited from submitting material that may contain viruses, malware, adware or any other software or instructions that may damage, exploit or disrupt other software, computer hardware, information or communications networks;
- You are prohibited from using this Application for mass-communication such as “spam” or “junk mail.”
Acknowledgments; Representations and Warranties
- You acknowledge that Social Bolt reserves the right to monitor and preserve any and all of Your Content or communications made to us or using this Application, with or without advance, concurrent or subsequent notice.
- In order to use various existing or future functions of the Application, including, but not limited to, messaging or other communication facilities or to submit Content, You may be required to submit certain personal information. By using this Application, You represent and warrant that (i) all such information is accurate and truthful, and (ii) You will keep this information accurate and up-to-date.
- You represent and warrant that you are the author and rights holder of any Content You submit in this Application or that you have acquired all ofthe appropriate rights or permissions to use and submit such Content. All Content submitted in this Application is for publication in the Application and website and other such uses as Social Bolt may deem appropriate undera royalty-free, perpetual basis. Furthermore, you waive all rights in the Content to be named as its author, and You grant Social Bolt an irrevocable, perpetual licence to modify the Content as necessary for its inclusion in the Application. Social Bolt accepts no responsibility or liability for any infringement of third party rights by such Content or Your submission of it inthis Application.
- Social Bolt shall not be liable for, and You hereby release Social Bolt from, any claims, injury, loss or damage that you may incur as a result of any content you or others submit, view, hear or experience in this Application, aswell as for any errors or omissions in the Content or this Application. You use and rely upon such Content entirely at your own risk.
- Content submitted by Users is not reviewed, filtered or screened by Social Bolt prior to being present or accessible in this Application or online. Social Bolt retains the right in its sole discretion to remove or relocate any Content with or without the consent of, or notice to, the uploader or author. Social Bolt shall be under no obligation to exercise such discretion.
- Social Bolt makes no guaranty, warranties or representation that: (i) this Application will meet your requirements or expectations; (ii) it will be of satisfactory quality; (iii) it will be fit for a particular purpose; (iv) it will not infringe the rights of third parties; (v) it will be compatible with all systems; (vi) it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- Social Bolt makes no representations or warranties as to the accuracyor suitability for personal or business use of the Content in, workings of, and any information related to, this Application; and You should not rely upon any of same in making any decisions or taking any action of any kind.
- Social Bolt is not responsible and shall not be liable for any variation in the descriptions versus the actual functioning and performance of the features, functions and services in this Application.
Availability of the Application
This Application and the Services are provided “as is” and on an “as available” basis. Social Bolt makes no warranty that this Application or theServices will be free of defects or faults. Social Bolt makes no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality with respect to this Application or the Services. Social Bolt accepts no liability for any disruption or non-availability of this Application or the Services resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
- To the maximum extent permitted by law, Social Bolt accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this Application, the Services or any information contained therein. Users should be aware that they use this Application, the Services and related Content at their own risk.
Previous Terms and Conditions
iPhone® / iPad® / iOS® are registered trademarks of Apple Computer, Inc. (or its affiliates or licensors), and Social Bolt makes no claim of ownership in, interest in, or licensing of, such intellectual property.
This document was last updated on January 14th, 2017.