[Date last revised 18 December 2020]
1.1 PIMA VENTURES (UK) LIMITED and its affiliates (“we” or “us”) are pleased to provide you with our Services branded as “BOLT”, “BOLT+”, “BOLT X”, “BOLT.Global” and any other brand/platform developed or offered by us.
“Services” means the websites, mobile apps, software, products, campaigns, events, and/or other activities and offerings that we offer, including without limitation the Content, features and functionality thereof, such as widgets, plug-ins, and embeddable players.
“Content” means all audio, audio-visual, videos, entertainment or informational programming, music, games, text, articles, photographs, images, graphics, creative works and all other content, information, and materials available on or through the Services, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such content uploaded manually or bookmarked by you and/or other users.
1.3 By downloading, installing or using our App or accessing our Services, you represent that you are at least 13 years old and if you are between 13 to the ages of legal majority in your jurisdiction of residence, you must seek parental or legal guardian approval before using or accessing the Services. We consider it the responsibility of parents and legal guardians to monitor their children’s use of the Services or any part thereof. However, for “BOLT X” (formerly known as Pegasus), you must be at least 18 years old or the age of majority in your jurisdiction and be able to form legally binding contract and if you are a legal entity, you represent that you are the authorised representative to act of its behalf and that the use the service is permitted under the laws of your jurisdiction.
2.Registration and Account/Profile Creation
2.3 You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian.
2.4 You will be solely responsible for maintaining the confidentiality of your password, personal Information, access and usage of your account including by any persons who uses your Information, with or without authorisation, or who has access to any device on which your account resides or is accessible. You may not sub-license, transfer, sell, rent or assign your Information to any third party without our written approval. Any attempt to do so will be considered a material breach of this Terms of Service.
2.5 You acknowledge and agree that we may, and authorise us to, process all transactions, including without limitation, tokens earned or rewarded to you for your content and user engagements, given or tipped to other users, received from other users, purchased, that are initiated by use of your Information and/or account. You also authorised us to deduct such charges for tipping and/or commission (on a per token transaction basis) at the prevailing rate.
2.6 If you have reason to believe that your account is no longer secure for any reasons whatsoever, you are responsible for promptly changing the affected Information, user ID and/or password of your account.
3.User Generated Content
3.1 Where the Services or activities therein, allows you to submit, post, upload and communicate any user generated content (including without limitation live streaming, audio, audio-visual, videos, photos, comments, posts, messages and/or captions) (collectively “Posts”), you must comply with applicable laws, this Terms of Service, our Community Guidelines and other terms and policies that apply to your use of our Services.
3.2 You retain the rights in your Posts and you grant us and our users a perpetual non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, store, display, reproduce, copy, modify, translate, subtitle, create derivative works, distribute, redistribute and promote your Posts. You can end this license anytime by deleting your Posts. However, your Posts may continue to appear as you have shared them with others and they have not deleted it.
3.3 In respect of any new, enhancement or improvement ideas and suggestions you may have provided to us in relation to the Services, you agree that we will be entitled to use the same for any purpose without providing compensation or credit to you.
4.1 You are responsible for the use of the Services and for any Posts you submit, post, upload, communicate. You warrant and agree that you are the creator or have cleared the requisite rights and have the authority to share the same and to grant the rights herein and that your Posts will not include:-
- inappropriate language or scenes and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
- elements which may render it unlawful, threatening, offensive, malicious, harmful, obscene, pornographic, misleading, abusive, unethical, morally, seditious, blasphemous, religiously or racially offensive or otherwise prohibited for distribution.
- anything that shall libel, slander or defame any person, or violate, infringe upon or give rise to any claim with respect to any copyright, right of privacy, trademark, moral right, proprietary right or any interest of any third party, contractual right, common law right or violate any law.
- any form of advertising or commercial solicitation or incorporated any sponsored post.
4.2 Although we are not responsible to screen or monitor your Posts and any of the content thereof, we reserve the right to modify, remove or take down your Posts and/or to suspend your profile/account indefinitely for any reasons. This includes instances where we believe your Posts have violated this our Terms of Service, Community Guidelines, applicable laws, or other policies.
4.3 If you believe your copyrights in your Posts have been exploited by other users in such a manner that constitutes infringement, you may notify us at the Contact Details below whereupon we will notify the alleged infringer to obtain proof of ownership within a stipulated period, failing which we will proceed to remove or take down the affected Posts.
5.Usage Rules and Prohibited Activities
5.1 You may not use the Services to violate the security, integrity or operations of our systems and network or software applications. Such prohibited activities include:-
(i) uploading any viruses, malicious codes, malware or other material which is malicious or technologically harmful that could disrupt, overburden, harm or impair the proper working of our Services.
(ii) collecting any data from our Services using automatic means or accessing any data which you do not have permission to access.
5.2 You must obtain our written permission or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
5.3 Our Services may include hyperlinks or deep links to other websites which are not controlled or maintained by us. As such, we are not responsible and make no warranties in respect of the contents on such third party Apps, websites, their products or services.
5.4 You are permitted to download and install the Apps offered on our Services for your own use as permitted under this Terms of Service. You may not reverse engineer, decompile, or disassemble the Apps or use it in such manner that will cause us harm or violate any applicable laws.
5.5 You are responsible for any internet connection or mobile data charges that you incur when assessing our Services.
5.6 We reserve the rights to change or discontinue any part of our Services and if required by law, we may also suspend, restrict or cancel your access to the affected Services.
6.Lightning Rounds, Stakes and/or other quizzes, contests and promotions
6.1 Your participation in our Lightning Rounds, Stakes and/or other contests and promotions (whether or not they are integrated with a partner/third party website, service, application, platform and/or content), may be subject to additional rules, terms and conditions that are supplemental to this Terms of Service.
7.1 The Content, trademarks, service marks and all graphical elements including the look and feel appearing on the Services, are protected by applicable copyrights laws. You are not allowed to modify, copy, distribute, reproduce or commercially deal with such trademarks and copyrights, unless permitted by law or with the prior consent from property owners. You do not acquire a license or any ownership to the same through your access of the Content and/or Services.
8.1 We do not make any express or implied warranties, representations, endorsements or guarantee of any kind including without limitation, the usefulness, completeness, adequacy or accuracy, in respect of the Services and the content therein (including the Posts) or that the Services will operate without any interruption or error or that it will be free of virus and other harmful components. Any use of reliance of any Content, Posts or materials obtained by you through the Services is at your own risk. We disclaim all conditions, representations and warranties not expressly stated in this Terms of Service to the fullest extent permitted by law.
8.2 For our Services, BOLT X in particular, you are responsible to evaluate and verify the usefulness, completeness, adequacy or accuracy of any information provided by us or any third parties in relation to our BOLT tokens, prior to making any investment, business or commercial decisions in respect of your collection, giving, purchase and/or sale of our BOLT tokens.
8.3 You agree that we will not be liable for any unauthorised copying, use or distribution of your Posts by any third parties and that you will release and forever waive any claims you may have against us for such unauthorised use.
8.4 We shall not be liable to you for any indirect, consequential, special, incidental, punitive loss and damages, or for any loss of business opportunity, profits, revenue, property damage or any loss of data howsoever arising in connection with your use, access or inability to use our Services. This includes any conduct or content of users and third parties on the Services which may be defamatory, offensive or unlawful. In no event shall our total liability to you for all damages, losses and causes of actions exceed USD100.00.
9.Consequence of Violation
9.1 If you breach or violate of any terms of this Terms of Service (and its related guidelines, policies and other terms and conditions referenced herein) as determined by us, we may terminate, discontinue, suspend, curtail, block and/or restrict your account/profile, your ability to access, visit, and/or use the Services or any part thereof, with or without notice, in addition to our other remedies.
10.1 Failure or delay by us to exercise or enforce any of our rights under this Terms of Service shall not constitute a waiver of such rights.
10.2 If any part of this Terms of Service is adjudged to be invalid or unenforceable, the remainder of it terms will continue in full force and effect, and it any part is held to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intentions of the parties.
10.3 This Terms of Service shall be governed by and be construed in accordance with the laws of England without reference to conflict of laws. By accessing/using the Services, you agree to the exclusive jurisdiction of the Courts in England in all disputes arising out of or relating to the Services and expressly waive all defences to jurisdiction.
10.4 You consent to receive notices other communications, electronically from us at the email address you have provided and to receive updated versions of our Apps and related third party software.
10.5 We reserve the rights to amend or modify any of the terms and conditions hereunder and correct any errors and omissions. The last revised date will be put at the top of this document. Your continued access, visitation and/or use of the Services will constitute your acceptance of any changes or revisions to this Terms of Service.
10.6 In the event of any conflict or inconsistency between the terms and conditions of this Terms of Service, and any other terms and/or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Should you have any questions concerning this Terms of Service or our Services, please contact us at email@example.com.