Disclaimers | Privacy & Terms

Privacy Policy

Last Update: May 25, 2020

Bold Visual Media is committed to safeguarding your privacy. Contact us at info@boldvisualmedia.com if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you. We want you to know how we collect, use, share, disclose, and protect information about you. By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy. We may change or add to this Privacy Policy, so we encourage you to review it periodically.

Definitions

Personal Data – any information relating to an identified or identifiable natural person; for California consumers, Personal Data is “Personal Information” as defined below.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – Bold Visual Media
Personal Information (applicable to California consumers; also referred to as “Personal Data” in this Privacy Policy) – any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information includes but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:

  • Identifiers – real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
  • Commercial information – including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories of tendencies
  • Biometric Information
  • Internet or other electronic network activity information – including but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
  • Geolocation data
  • Audio, electronic, visual, thermal, olfactory, or similar information.
  • Professional or employment-related information.
  • Inferences drawn from any of the information identified in this definition of Personal Information, to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  • Personal Information does not include publicly available information lawfully made available from government records or information that is deidentified or aggregated.

Data Protection Principles
We promise to follow the following data protection principles:

  • Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
  • Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
  • Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
  • Processing is limited with a time period. We will not store your personal data for longer than needed.
  • We will do our best to ensure the accuracy of data.
  • We will do our best to ensure the integrity and confidentiality of data.

Data Subject’s rights
The Data Subject has the following rights:

  1. Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
  2. Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
  3. Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
  4. Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
  5. Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
  6. Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
  7. Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
  8. Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
  9. Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
  10. Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
  11. Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.

Data we gather
Information you have provided to us

Bold Visual Media may obtain the following types of information from you or concerning your computer or device (“Information”), which may include information that can be used to identify you as specified below (“Personally Identifiable Information”):

  • Name
  • Email address
  • Mailing address
  • Telephone (or mobile) number(s)
  • Credit card information
  • Blog or website URL
  • Social networking handle or username
  • Photo
  • Demographic information (e.g., age, gender, interests, and preferences)
  • Professional title
  • Company
  • Industry
  • Activities or content viewed on Bold Visual Medial
  • Information collected automatically
  • Information received from Third Parties

In certain cases, we may request that you provide some of the Information identified above in order to obtain specific products or services (such as registering for the Advanced Marketing Program or logging in to download Boldvisualmedia.com reports). If you choose not to provide the Information we request, you may still use Boldvisualmedia.com, but you may be unable to access certain features or services.

When you register to receive any products or services from Bold Visual Media or provide information to Bold Visual Media in any other manner, you agree to provide only true, accurate, current and complete information.

Information automatically collected about you

Bold Visual Media may automatically receive and log certain types of information when you visit or interact with our websites, services, mobile applications or other products, including:

  • Browser information
  • Operating system information
  • Mobile device information (e.g., device identifier, mobile operating system, etc.)
  • IP address
  • Internet service provider
  • Content viewed
  • Geographic location
  • Connection speed
  • Time of visit
  • Referring site, application, or service
  • Registration time
  • Information collected if you provide your website and expressly consent
  • Keywords your site ranks for
  • Click volume
  • Search volume
  • Click volume from mobile versus desktop traffic

Information from our partners

If you choose to use any third party website or service that is integrated with Bold Visual Media, including a third party social networking or blogging site, such as LinkedIn, Facebook, Twitter or WordPress (“Third Party Websites”) – or if you use any Bold Visual Media application provided through any Third Party Website – we may receive Information, including Personally Identifying Information, from such Third Party Websites, including, but not limited to:

  • Name
  • Nickname or username
  • Photo or graphic avatar
  • Unique Third Party website identifier (e.g., Facebook User ID)
  • Biographical or demographic information (e.g. professional title, gender, college attended, etc.)
  • Likes and interests
  • Contacts/friends/associations
  • Any information that is publicly available on Third Party websites

For example, Bold Visual Media may offer the ability to use certain Third Party Websites to facilitate your registration on Bold Visual Media. We may also use information about your profile and connections on Third Party Websites to allow you to share or connect with your friends and contacts on Bold Visual Media or to personalize your experience. In addition, Bold Visual Media offers “plugins” and “widgets” from various Third Party Websites that allow you to share Bold Visual Media content off of our service, as discussed in “Disclosure of Information to Third Parties”.

Your decision to use, or share with, a Third Party Website when accessing or using Bold Visual Media products and services is completely voluntary. Bold Visual Media is not responsible for compliance with the policies or practices of any Third Party Website. You should ensure that you are comfortable with the information such Third Party Websites may make available to Bold Visual Media by reviewing those Websites’ privacy policies and service terms, and by modifying your privacy settings and preferences on those Services.

Any information we receive from Third Party Websites will be governed by this Privacy Policy.

Publicly available information
We might gather information about you that is publicly available.

How we use your Personal Data
We use your Personal Data in order to:

  • Provide Bold Visual Media products and services
  • Fulfill your requests
  • Communicate with you
  • Improve our products and services
  • Develop new services or products
  • Personalize and tailor your experience on Bold Visual Media
  • Operate our business
  • Understand how users are engaging with Bold Visual Media
  • Protect Bold Visual Media, our users, or others. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Bold Visual Media, our users, or others.

We use your Personal Data on legitimate grounds and with your consent.

On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

  • To identify you for communication purposes
  • To provide you a service or to send/offer you a product
  • To communicate either for sales or invoicing

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

  • To send you personalized offers (from us and/or our carefully selected partners);
  • To administer and analyze our client base (purchasing behavior and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
  • To conduct questionnaires concerning client satisfaction

As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behavior to be our legitimate interest.

With your consent we Process your Personal Data for the following purposes:

  • To send you newsletters and campaign offers (from us and/or our carefully selected partners);
  • To build a database of relevant search information to improve the quality, variety, and availability of our products and services;
  • For other purposes we have asked your consent for

We Process your Personal Data in order to fulfill obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymize Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymized. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law.

We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

  • The link between purposes, context and nature of Personal Data is suitable for further Processing;
  • The further Processing would not harm your interests; and
  • There would be appropriate safeguard for Processing.

We will inform you of any further Processing and purposes.

Who else can access your Personal Data

We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:

Our processing partners

Our business partners

Connected Third Parties

We only work with Processing partners who are able to ensure an adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it including for business or commercial purposes. At times, we may not be available to provide marketing services for you so we have established relationships with companies who may be able to better serve your marketing needs.

To opt out, please contact us at info@boldvisualmedia.com.

Nevada Consumers

Nevada law gives Nevada consumers the right to request that a company not sell their personal information. This right applies even if their personal information is not currently being sold. If you are a Nevada consumer and wish to exercise this right, please submit your request by contacting us at info@boldvisualmedia.com.

Your California Privacy Rights

Bold Visual Media, at times (including in the past 12 months), sells the Personal Information of users to Third Parties for the Third Parties’ direct marketing purposes and discloses Personal Information to Third Parties for our business purposes.

If you are a California resident, you have the right to:

  • Opt-out of the sale of your Personal Information to certain affiliates and other Third Parties for their marketing purposes. To exercise this right, please submit your request by filling out the form after clicking on this link, or by emailing info@boldvisualmedia.com. You do not need to verify your identity to opt out. – Or you can go to this page, Do Not Sell My Info.
  • Request to know the categories of your Personal Information we have collected, used, sold, and/or disclosed to Third Parties, for the Third Parties’ direct marketing purposes or for our business purpose, during the preceding twelve months;
  • Request that we delete your Personal Information we have collected and notify Third Parties to whom we have sold your Personal Information within the 90 days prior to your request that you have exercised your right to opt-out, and instruct the Third Parties not to further sell the information. To ensure we don’t delete information you don’t truly want deleted, we will require a two-step process where we will ask you to confirm you want your Personal Information deleted; and
  • Not receive discriminatory treatment by us for exercising your right to privacy under the California Consumer Privacy Act.
    • For your protection, we will require that you verify your identity before we provide you with information about the use of your Personal Information. The means of verification will depend on the sensitivity of the information you are requesting, but will not be more burdensome than necessary to protect your Personal Information.
      • (a)  If you have a password-protected account, we may require you to login to confirm your identity or we may ask that you comply with item (b) below.
      • (b)  If you do not have a password-protected account, we will ask that you match personal information we maintain for you.
    • Categories: If you are requesting the specific categories of personal information we maintain, we will ask you to match at least two items of your Personal Information.
    • Specific pieces: If you want to know specific pieces of your Personal Information that we maintain, we may require you to match at least three items of your Personal Information and have you provide a declaration, signed under penalty of perjury, confirming your identity.
    • Request to delete:  Depending on the sensitivity of the information you are requesting be deleted, we will require that you comply with either 1(a) or 1(b) of this Section
    • Authorized Agent: An Authorized Agent may exercise your right to know, right to delete, or right to opt out, but we will need some extra paperwork to be sure you gave them permission. The Authorized Agent will need to provide:
      • (a) Written permission from you and verification of their own identity; or
      • (b) A Power of Attorney.

How we secure your data

We do our best to keep your Personal Data safe.  We use safe protocols for communication and transferring data (such as HTTPS). We use anonymizing and pseudonymizing where suitable. We monitor our systems for possible vulnerabilities and attacks.  Stored data is encrypted when possible.

Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username and password secret.

Children

We recognize the particular importance of protecting privacy where children are involved. We do not intend to collect, knowingly collect, sell, or solicit Personal Information from anyone under the age of 16. We do not target children with our services. If you are under 16, do not use or provide any information on the Website or through any of its features. If you believe that a child under the age of 16 may have provided us Personal Data online, we ask that a parent or guardian contact us at info@boldvisualmedia.com.

Cookies and other technologies we use

We use cookies and/or similar technologies to analyze customer behavior, administer the website, track users’ movements, and to collect information about users. This is done in order to personalize and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

  • Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
  • Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalized features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
  • Analytics cookies – these cookies are used to track the use and performance of our website and services
  • Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organizations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organization.

Here are the cookies we use:

  • Cookie policy – persistent cookie – 1-year duration – we set this cookie to limit showing the cookie policy on every page view/visits.
  • Google Analytics – persistent cookie – 2-year duration – we use Google Analytics to improve the user experience on the website.
  • Crazy Egg – third party cookie – 6-month duration – we use Crazy Egg to improve the user experience on the website
  • Redirection cookie – persistent cookie – 1-year duration – we redirect you to the language that is best suited from the country you are visiting from
  • Popup cookie – persistent cookie – 1-year duration – we offer you the chance to be notified of new content and marketing materials
  • Subscribers.com – persistent cookie – 10 year duration – you have to optin through your browser to receive anything through subscribers and you can opt out through your browser settings.
  • YouTube – persistent cookie – 30-day duration – we embed YouTube videos onto our site to provide you with additional educational material.
  • Hubspot – persistent cookie – 2-year duration – we use HubSpot as our CRM to follow up with sales leads
  • ScheduleOnce – persistent cookie – 2-year duration – this allows you to schedule calls with our team
  • Wistia – persistent cookie – 1-year duration – we use Wistia to stream educational content.

You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review hereGoogle has their own Privacy Policy which you can review. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.

Our “Do Not Track” Policy

California and Delaware law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there isn’t an industry or legal standard for recognizing or honoring browser DNT signals, we don’t monitor or respond to them at this time.

Arbitration Clause

Individual Arbitration as Sole Remedy for Dispute Resolution

Any dispute, claim or controversy arising out of or relating to this Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding individual (not class, representative, nor collective) arbitration in Phoenix, Arizona before one arbitrator.

If you are not a resident of the United States, then any dispute, controversy or claim arising out of or relating to this Privacy Policy, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by final and binding individual arbitration in accordance with the State of Arizona International Arbitration Rules. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Negotiation in Advance of Arbitration

  1. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Privacy Policy promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Privacy Policy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.
  2. Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
  3. At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Privacy Policy except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 1 above.
  4.  

Requirements for Modification or Revocation This agreement to arbitrate shall survive the termination of Bold Visual Media’s relationship with you. It can only be revoked or modified by a writing executed by Bold Visual Media and you that specifically states an intent to revoke or modify this agreement to arbitrate.

Claims Covered by Arbitration Clause

Bold Visual Media and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the “Claims”) that Bold Visual Media may have against you or you may have against Bold Visual Media or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the “Bold Visual Media Parties”), relating to, resulting from, or in any way arising out of your relationship with Bold Visual Media. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.

Required Notice of Claims and Statute of Limitations

Bold Visual Media may initiate arbitration by serving or mailing a written notice to you at the last known address. you may initiate arbitration by serving or mailing a written notice to Bold Visual Media. The written notice must specify with reasonable particularity the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or state law. After demand for arbitration has been made by serving written notice, the party demanding arbitration shall file a demand for arbitration with the Office of Judicial Arbitration and Mediation Service located in Phoenix, Arizona.

Selection of Arbitrator

Within 30 days after the commencement of arbitration, Bold Visual Media  shall select one person from the JAMS panel to act as arbitrator. The arbitrator shall serve as a neutral, independent and impartial arbitrator.

Confidentiality 

The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Dispositive Motions

In any arbitration arising out of or related to this Agreement:

  1. Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost-effective. The other side shall have a brief period within which to respond.
  2. Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion.
  3. If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion.
  4. Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.

Document Requests 

In any arbitration arising out of or related to this Agreement, requests for documents:

  1. Shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome;
  2. Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and
  3. Shall not include broad phraseology such as “all documents directly or indirectly related to.”

E-Discovery 

In any arbitration arising out of or related to this Agreement:

  1. There shall be production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media.
  2. Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
  3. The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.
  4. Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award. 

Interrogatories and Requests to Admit.  In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.

Depositions.  In any arbitration arising out of or related to this Agreement, each side may take three (3) discovery depositions. Each side’s depositions are to consume no more than a total of fifteen (15) hours. The total period for the taking of depositions shall not exceed six (6) weeks.

Governing Law and Arbitrator Authority 

  1. Except as otherwise provided herein, this Privacy Policy and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the state of California, exclusive of conflict or choice of law rules.
  2. The Parties acknowledge that this Privacy Policy evidences a transaction involving interstate or international commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitrator shall apply the substantive laws (and the law of remedies, if applicable) of the state of California, federal law, or international law, as applicable to the claim(s) asserted.
  3. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including, but not limited to, any claim that all or any part of this Privacy Policy is void or voidable and issues of arbitrability of any matter herein.
  4. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.

Arbitration Decision

The arbitrator’s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.

Application for Emergency Injunctive and/or Other Equitable Relief.  JAMS Comprehensive Rules shall apply for the appointment of an Emergency Arbitrator to address and decide a request for emergency relief.

WAIVER OF REPRESENTATIVE/CLASS ACTION PROCEEDINGS

BY REGISTERING TO RECEIVE ANY PRODUCTS OR SERVICES FROM US OR PROVIDING YOUR INFORMATION TO US IN, YOU KNOWINGLY AND VOLUNTARILY AGREE TO BRING ANY CLAIMS (LAWSUITS) AGAINST BOLD VISUAL MEDIA IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, GROUP, OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING (A LAWSUIT WHERE YOU SUE AS A GROUP RATHER THAN BEING THE ONLY PLAINTIFF) RELATED TO ANY CLAIMS GOVERNED BY THIS PRIVACY POLICY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, COLLECTIVE, OR CLASS ACTION PROCEEDING, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIVE ACTION UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ.

WAIVER OF JURY TRIAL/EXCLUSIVE REMEDY

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED.  BY AGREEING TO ARBITRATION, Bold Visual Media AND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS.

Arbitration Fees and Costs

Each party shall advance its own costs and expenses in any such arbitration and one-half (1/2) of the arbitrator’s fees and costs, however, the arbitrator shall award attorneys’ fees and costs to Bold Visual Media if Bold Visual Media is the prevailing party. Any decision or award of such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and Bold Visual Media.

Severability (Arbitration Clause)

Bold Visual Media and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.

Contact Information

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at: info@boldvisualmedia.com

You may also write to us at:

Bold Visual Media
PO Box 452S
Higley, AZ 85236

Severability (Privacy Policy)

Bold Visual Media and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Privacy Policy is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Privacy Policy.

Changes to this Privacy Policy

This Privacy Policy may be updated periodically and without prior notice to you. We will post a prominent notice on our Website to notify you of any significant changes to our Privacy Policy and indicate at the top of the Privacy Policy when it was most recently updated.

Website Disclaimer

Interpretation

The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Disclaimer:

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
    Disclaimer) refers to Bold Visual Media, PO Box 452, Higley, AZ 85236.
  • Service refers to the Website.
  • You means the individual accessing the Service, or the company, or other
    legal entity on behalf of which such individual is accessing or using the
    Service, as applicable.
  • Website refers to Bold Visual Media, accessible from
    www.boldvisualmedia.com

Disclaimer

The information contained on the Service is for general information purposes
only.

The Company assumes no responsibility for errors or omissions in the contents
of the Service.

In no event shall the Company be liable for any special, direct, indirect,
consequential, or incidental damages or any damages whatsoever, whether in an
action of contract, negligence or other tort, arising out of or in connection
with the use of the Service or the contents of the Service. The Company
reserves the right to make additions, deletions, or modifications to the
contents on the Service at any time without prior notice. This Disclaimer has
been created with the help of the Disclaimer Generator.

The Company does not warrant that the Service is free of viruses or other
harmful components.

External Links Disclaimer

The Service may contain links to external websites that are not provided or
maintained by or in any way affiliated with the Company.

Please note that the Company does not guarantee the accuracy, relevance,
timeliness, or completeness of any information on these external websites.

Errors and Omissions Disclaimer

The information given by the Service is for general guidance on matters of
interest only. Even if the Company takes every precaution to insure that the
content of the Service is both current and accurate, errors can occur. Plus,
given the changing nature of laws, rules and regulations, there may be delays,
omissions or inaccuracies in the information contained on the Service.

The Company is not responsible for any errors or omissions, or for the results
obtained from the use of this information.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been
specifically authorized by the copyright owner. The Company is making such
material available for criticism, comment, news reporting, teaching,
scholarship, or research.

The Company believes this constitutes a “fair use” of any such copyrighted
material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Service for your own purposes
that go beyond fair use, You must obtain permission from the copyright owner.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and
do not necessarily reflect the official policy or position of any other
author, agency, organization, employer or company, including the Company.

Comments published by users are their sole responsibility and the users will
take full responsibility, liability and blame for any libel or litigation that
results from something written in or as a direct result of something written
in a comment. The Company is not liable for any comment published by users and
reserve the right to delete any comment for any reason whatsoever.

No Responsibility Disclaimer

The information on the Service is provided with the understanding that the
Company is not herein engaged in rendering legal, accounting, tax, or other
professional advice and services. As such, it should not be used as a
substitute for consultation with professional accounting, tax, legal or other
competent advisers.

In no event shall the Company or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever arising out of or in
connection with your access or use or inability to access or use the Service.

“Use at Your Own Risk” Disclaimer

All information in the Service is provided “as is”, with no guarantee of
completeness, accuracy, timeliness or of the results obtained from the use of
this information, and without warranty of any kind, express or implied,
including, but not limited to warranties of performance, merchantability and
fitness for a particular purpose.

The Company will not be liable to You or anyone else for any decision made or
action taken in reliance on the information given by the Service or for any
consequential, special or similar damages, even if advised of the possibility
of such damages.

Terms and Conditions 

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions 

Interpretation 
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions 
For the purposes of these Terms and Conditions:
  * Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  * Country refers to: Arizona, United States
  * Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Bold Visual Media, PO Box 452, Higley, AZ 85236.
  * Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  * Service refers to the Website.
  * Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the [Terms and Conditions Generator](https://www.termsfeed.com/terms-conditions-generator/).
  * Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  * Website refers to Bold Visual Media, accessible from http://www.boldvisualmedia.com
  * You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment 
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites 
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination 
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability 
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer 
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law 
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution 
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users 
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance 
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver 

Severability 
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver 
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation 
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions 
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us 
If you have any questions about these Terms and Conditions, You can contact us:
  * By email: info@boldvisualmedia.com
  * By mail: PO Box 452, Higley, AZ 85236