TERMS OF USE
Effective Date: May 12, 2021
These Terms of Use (“Terms”) govern your use of any of our websites that post a link to these Terms (collectively, the “websites”). Please carefully review these Terms. By using the websites, you accept these Terms, and consent to the collection, use, and sharing of your data and other activities as described in our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use the websites.
We recommend that you save and/or print a copy of these Terms and our Privacy Policy for your future reference.
This site is owned and operated Boulder Media ("Boulder", "we", "our" or "us"), a company registered in Ireland with company registration number 33805. Our registered office is at 14 Hawkins Street, Dublin 2. Our VAT number is IE6350805C.
WEBSITE USE
Content. The websites contain: (i) materials and other items relating to Boulder and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the websites, and the compilation, assembly, and arrangement of the materials of the websites and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Boulder; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the websites and the Content is the property of Boulder or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Limited License. Subject to your strict compliance with these Terms, Boulder grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, play the Content on a personal computer, browser, laptop, tablet, mobile phone or other Internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest or right in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Boulder’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Restrictions. If you are under the age of majority in the jurisdiction in which you reside, then you should not use the websites or Content. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the websites and Content. You further agree that you will not: (i) use the websites or Content for any political or commercial purpose; (ii) engage in any activity in connection with the websites or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Boulder; (iii) harvest any information from the websites; (iv) reverse engineer or modify the websites; (v) interfere with the proper operation of or any security measure used by the websites; (vi) infringe any intellectual property or other right of any third party; (vii) use the Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any other applicable terms and conditions. You are also responsible for ensuring that all persons who access our websites through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Availability and Termination. Boulder may immediately suspend or terminate the availability of the websites and Content, in whole or in part, to any individual user or all users, for any reason, in Boulder’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access, or upon notice from Boulder, all rights granted to you under these Terms or any additional terms will cease immediately, and you agree that you will immediately discontinue use of the websites. The provisions of these Terms and any applicable additional terms, which by their nature should survive your suspension or termination, including sections on Third Parties, Website Features, Disclaimer of Warranties, Limitations of Liability, Waiver of Injunctive or Other Equitable Relief, Indemnification, and General Provisions, will survive.
Reservation of All Rights. All rights not expressly granted to you are reserved by Boulder and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the websites for any purpose is prohibited.
SUPPORT
If you have any questions, please send an email to us here. You acknowledge that the provision of support is at Boulder’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: Boulder Media, 14 Hawkins Street, Dublin 2. When you communicate with us electronically, you consent to receive communications from us electronically. 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.
THIRD PARTIES
The websites may contain or may interact with third party content that is not owned, controlled or operated by Boulder. We may also host our content on these third party services. Boulder neither endorses nor controls such third party services, and you acknowledge and agree that we are not responsible or liable for the information, content, products, or services on or available from such third party services, or for the results to be obtained from using them. If you choose to access any such third party services, you do so at your own risk.
Any interactions, transactions, and other dealings that you have with any third parties found on or through the websites are solely between you and the third party.
WEBSITE FEATURES
Wireless Features. The websites may offer features that are available to you via your wireless Device including the ability to access the websites’ features and upload content to the websites, and receive messages from the websites (collectively, “Wireless Features”). By using the websites, you agree that Boulder may collect information related to your use of the Wireless Features as described in our Privacy Policy, and may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service. Data rates and other carrier fees may apply.
E-mail Messages. We reserve the right to send you emails relating to your account or use of our websites, such as administrative and service announcements and transactional account messages may be unaffected if you choose to opt-out from receiving our promotional email.
NO WARRANTIES; LIMITATION OF LIABILITY; DISCLAIMER OF DAMAGES
Save as expressly provided in these Terms, the websites are made available to you on an "as is" basis and we disclaim and do not accept any liability to you in respect of it. It is your responsibility to ensure that the websites are suitable for your intended purposes. We accept no liability as to the suitability or fitness of the website in meeting your needs and we exclude to the fullest extent permitted by law all express or implied warranties, representations, conditions or terms, including, without limitation:
a) that access to the websites will be uninterrupted or error-free;
b) that the websites or the computer server from which the websites are made available, are free of viruses or other harmful components; and
c) to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the websites or otherwise made available in connection with the website.
IN NO EVENT SHALL BOULDER, ITS AFFILIATED AND SUBSIDIARY COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES, BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR (1) INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE WEBSITES OR THE CONTENT ACCESSIBLE THROUGH THE WEBSITES, LOSS OF TIME, DATA, PROFITS, REVENUES, BUSINESS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITES OR THE PERFORMANCE OR NON-PERFORMANCE OF US, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE.
Nothing in these Terms is intended to exclude or limit our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY BOULDER OR A LICENSOR OF BOULDER.
INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD BOULDER, ITS AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “BOULDER PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE LEGAL FEES, INCURRED BY ANY OF THE BOULDER PARTIES IN CONNECTION WITH ANY CLAIMS ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS OR CLAIMS ARISING FROM YOUR USE OF THE WEBSITES. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
UPDATE TO TERMS
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable additional terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable additional terms by posting them on the websites so that they are accessible via a link from the home page, and/or to send you an email to the last email address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable additional terms. Your continued use of the websites following the posting of revised Terms and any applicable additional terms shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes. If you object to any such changes, your sole recourse is to cease using the websites.
GENERAL PROVISIONS
Consent or Approval. No Boulder consent or approval may be deemed to have been granted by Boulder without being in writing and signed by an officer of Boulder.
Severability; Interpretation; Assignment. If any provision of these Terms or any additional terms, shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this document and shall not affect the validity and enforceability of any remaining provisions. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Boulder may assign its rights and obligations under these Terms and any applicable additional terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable additional terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Boulder. Unless otherwise stated elsewhere in these Terms or any additional terms, there are no intended third-party beneficiaries.
Complete Agreement; No Waiver. These Terms, and any applicable additional terms, reflect our complete agreement regarding the websites and supersede any prior agreements, representations, warranties, assurances or discussion related to the websites. Except as expressly set forth in these Terms or any applicable additional terms, no failure or delay by you or Boulder in exercising any of rights, powers, or remedies under the Terms will operate as a waiver of that or any other right, power, or remedy.
Investigations; Cooperation with Law Enforcement. Boulder reserves the right to investigate and prosecute any suspected breaches of these Terms or the websites. Boulder may disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Third Party Rights. These Terms are not intended to grant rights to anyone except you and us, and in no event shall these Terms create any third party beneficiary rights.
Governing Law. These Terms and any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) are governed by and shall be construed in accordance with Irish Law. You agree to submit to the exclusive jurisdiction of the Irish courts for all purposes relating to and in connection with these Terms and any such dispute or claim referred to in this section.