1.Introduction
1.1BOLT GLOBAL MEDIA UK LTD and its affiliates (“we”, “us” or “BoltOS”) are technology-based companies that build web3-enabled platforms and services for the next generation of the internet. BoltOS is a global social media ecosystem comprising Bolt+, a full-feature social network with payment integration; BoltX, a user-custody digital asset wallet. BoltOS is also authorised to manage Pivotal, a Ethereum-compatible L2 blockchain platform with several protocols available for users to interact with.
1.2We are pleased to provide you with our Services which are accessible through our Platforms.
“Platforms”means any and all platforms offered by BoltOS, these include but are not limited to: Bolt+, BoltX, boltplus.tv and shall include Pivotal(as currently called). Any subsequent website, mobile application or software published by BoltOS will also fall within this definition. Please note that this is not an exhaustive summary and the Platforms may be added or suspended at the discretion of BoltOS.
“Platforms” - means any and all platforms offered by BoltOS, these include but are not limited to: Bolt+, BoltX, boltplus.tv and shall include Pivotal(as currently called). Any subsequent website, mobile application or software published by BoltOS will also fall within this definition. Please note that this is not an exhaustive summary and the Platforms may be added or suspended at the discretion of BoltOS.
“Pivotal”means a blockchain tentatively called Pivotal which supports the BoltOS ecosystem which is a layer 2, Ethereum Virtual Machine (EVM) compatible Blockchain protocol and interoperable with other EVM Blockchains such as Ethereum, BNB chain using BoltBridge.
“Pivotal” - means a blockchain tentatively called Pivotal which supports the BoltOS ecosystem which is a layer 2, Ethereum Virtual Machine (EVM) compatible Blockchain protocol and interoperable with other EVM Blockchains such as Ethereum, BNB chain using BoltBridge.
“Services”means the services offered to you by BoltOS on our Platforms. This includes Content, web3 media and entertainment, self-custody NFT and digital asset wallet management, and a web3-commerce marketplace, media campaigns, competitions, quizzes and any other services published by BoltOS including those by third parties. Please note that this is not an exhaustive list and the Services may be added or suspended at the discretion of BoltOS.
“Services” - means the services offered to you by BoltOS on our Platforms. This includes Content, web3 media and entertainment, self-custody NFT and digital asset wallet management, and a web3-commerce marketplace, media campaigns, competitions, quizzes and any other services published by BoltOS including those by third parties. Please note that this is not an exhaustive list and the Services may be added or suspended at the discretion of BoltOS.
“Content”means all audio, audio-visual (including live streams), videos, entertainment or informational programming, music, games, chats, texts, posts, comments, messages, articles, photographs, images, graphics, creative works and all other content, information, and materials available on or through the Services, whether posted, uploaded, transmitted, shared, 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. Some Content may be free or paid, depending on the Service options selected or subscribed by you. The term “User-Generated Content” shall refer to the Content posted, submitted, uploaded, transmitted, shared, communicated, sent or otherwise made available by you on our Platforms.
“Content” - means all audio, audio-visual (including live streams), videos, entertainment or informational programming, music, games, chats, texts, posts, comments, messages, articles, photographs, images, graphics, creative works and all other content, information, and materials available on or through the Services, whether posted, uploaded, transmitted, shared, 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. Some Content may be free or paid, depending on the Service options selected or subscribed by you. The term “User-Generated Content” shall refer to the Content posted, submitted, uploaded, transmitted, shared, communicated, sent or otherwise made available by you on our Platforms.
1.3This Terms of Service governs your use of our Services via any means or media. By accessing, visiting and using the same (whether or not as a registered user), you agree to be bound by 1) this Terms of Service; 2) our Privacy Policy and 3) Community Guidelines. Please note that some products, services and/or Content may be subject to additional terms and conditions and/or rules and guidelines which will be deemed incorporated into this Terms of Service by reference.
1.4By downloading, installing or using our App or accessing our Services, you represent that you are at least 18 years old and if you are between 18 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. If you are a legal entity, you represent that you are the authorised representative to act on its behalf and that their use of the service is permitted under the laws of your jurisdiction.
2.Registration and Account/Profile Creation
2.1You may be required to register and set up an account or profile to access, visit and/or use the Services or any part thereof by creating a user ID and a password. We collect information such as your first and last name, postal address, email address, telephone number, IP address, User ID, Device ID and payment processing information (if relevant) and other information such as gender, marital status, nationality, and country of origin (demographic information), geo-location data, website or app activity data and preferences (collectively “Information”). Please refer to our Privacy Policy on how we may use and process your personal data.
2.2When signing up to an account with your personal information, you have entered an agreement that the information presented is correct and accurate. It is your (the users) responsibility to update and ensure that your information on our platforms are kept up to date. To update your information, you may use the mechanism or contact information on the Services that allows you to change or update your Information. It is your responsibility to verify the information you have entered when registering with our platforms, and BoltOS does not undertake responsibility for the failure of to maintain accurate, completed and up to date Information or your failure to receive any critical information.
2.3Do not attempt 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.
2.4You are solely responsible for maintaining the confidentiality of your password, personal Information, access and usage of your account including by any persons who use your Information, with or without authorisation, or who have access to any device on which your account resides or is accessible. You may not sub-license, transfer, sell, rent or assign your user account to any third party without our written approval. Any attempt to do so will be considered a material breach of this Terms of Service.
2.5If you have reason to believe that your account is no longer secure for any reasons whatsoever, please do not delay in promptly changing the affected Information, user ID and/or password of your account.
2.6On BoltOS’ platforms, there is an option to connect any external wallets that you may have, this allows you to participate in the products and services offered on our platforms. We reserve the right to remove, suspend and/or ban the use of any wallets which may be controversial or associated with illicit activities.
3.User-Generated Content
3.1Where the Services or activities therein allow you to stream, post, submit, upload, transmit, share, communicate, send or otherwise made available any Content (“User-Generated Content”), you agree to ensure that the use thereof will comply with this Terms of Service, our Community Guidelines, applicable laws and other terms and policies.
3.2You are deemed to have given your consent for BoltOS, a hosting platform, to store and host your content on the Platforms by your participation and contribution of User-Generated Content. You retain the rights in your User-Generated Content and you grant us, our users and partners, a perpetual non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, store, display, reproduce, copy, modify, translate, subtitle, create derivative works, distribute, redistribute and promote your User-Generated Content. You can end this licence anytime by deleting your User-Generated Content. However, your User-Generated Content may continue to appear as you have shared them with others and they have not deleted them.
3.3In 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.Prohibited Content
4.1You are responsible for the use of the Services and any User-Generated Content you submit, post, upload, share or 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 User-Generated Content 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, the common law right or violate any law.
●any form of advertising or commercial solicitation or incorporated any sponsored post or material.
4.2Although we are not responsible to screen or monitor your User-Generated Content and any of the content thereof, we reserve the right to modify, remove or take down your User-Generated Content and/or to suspend your profile/account indefinitely for any reasons. This includes instances where we believe your User-Generated Content has violated our Terms of Service, Community Guidelines, applicable laws, or other policies.
4.3If you believe your copyrights in your User-Generated Content 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 may proceed to remove or take down the affected User-Generated Content.
5.Usage Rules and Prohibited Activities
5.1You 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.
5.2You must obtain our written permission or be under an open-source licence to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
5.3Our 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 of such third-party Apps, websites, products or services.
5.4You are permitted to download and install the Apps offered on our Services for your use as permitted under this Terms of Service. However, you may not reverse engineer, decompile, or disassemble the Apps or use it in such a manner that will cause us harm or violate any applicable laws.
5.5You are responsible for any internet connection or mobile data charges that you incur when assessing our Services.
5.6We reserve the rights to change or discontinue, suspend or any part of our Services and/or crypto asset, restrict or cancel your access to any of the Services at any time at our discretion.
5.7For the sake of clarity, persons and entities sanctioned by the United Kingdom and the United Nations are prohibited from using the services of BoltOS to circumvent international sanction measures. Appropriate measures may be taken by BoltOS to ensure that the intent of these sanctions are met. This includes but is not limited to, geo-locking our services, suspending our services and the suspension or blocking of user's accounts and/or Content.
6.Bolt X and Native Digital Tokens
6.1BoltX Is a self-custody wallet capable of storing, receiving and transferring a plethora of digital assets, among those are NFTs. This is done through both the proprietary technology of BoltOS and through the use of several third party partners that aid in the trade and transfer of digital assets. By using the BoltX, you agree to this Terms of Service, Community Guidelines, Privacy Policy and other terms and conditions relating to BoltOS’ services. You also agree that the use of the BoltX entails the use of third parties whose services are governed by their terms and conditions, to which you also consent in the context of the services offered on the BoltX. The capabilities of BoltX include the creation, minting, transfer and sale of digital assets as well as storing your payment information. It is the responsibility of you as the user to ensure that your externally connected digital assets are secure although accessible on our digital platform.
6.2Pivotal
There are several protocols and services where users can interact with Pivotal. These protocols (such as but not limited to) Staking have additional terms and conditions attached to participation from users. Please refer to the terms and conditions of Staking here.
6.3$PLUS (Plus Tokens)
Plus Tokens are the utility token used on our platform Bolt+. Within our BoltOS ecosystem, they may be used to tip, donate, subscribe and exchange on our platforms. Plus Tokens may be purchased through our several payment options, or stakers have the opportunity to be rewarded with $PLUS by our Pivotal validators. Plus Tokens also provide monetisation opportunities for creators, who can use cash out mechanisms and swap facilities to transfer Plus Tokens into valued currencies. It is important to note, that although Plus Tokens may be in a currency-like way within the ecosystem, they do not hold any value as fiat, representative or crypto currency- and must be converted into $Bolt Tokens for holders to process them for monetised rewards.
6.4$Bolt Token
$Bolt Tokens are our staking Tokens that hold a monetary value and may be converted to monetised assets through several portals of conversion. Pivotal runs under a ‘Proof-Of-Staked authority’ model, with trusted validators ensuring the integrity of the blockchain. Stakers help strengthen the blockchain and in return may be rewarded with Plus Tokens to be used on our platform (as aforementioned). In the event that a staker attempts to misbehave and threaten the integrity of Pivotal; there are a number of possible disciplinary actions carried out by Pivotal including ‘slashing’, which may result in the stake to be decreased. Stakers are valued members of our BoltOS community, their contributions are valued and the participation rewards them with tokens as well as an opportunity to potentially influence the future of Pivotal, these opportunities are provided with expectations of legitimacy which we expect token holders to uphold with integrity.
6.5Our tokens
Both $Bolt Tokens and Plus Tokens can be converted into USDT by the supported mechanisms on our platforms, for its recipients to receive monetised rewards for their contributions in the BoltOS ecosystem. However, these external mechanisms are the responsibility of the token holder to convert their digital assets independently by our trusted supported mechanisms. These include(but are not limited to) Binance and Moonpay. Upon a token’s exit from our ecosystem, BoltOS is not responsible for any actions, issues or difficulties that may arise following the users prerogative decision to convert tokens into other digital assets. BoltOS maintains full discretion to implement any amalgamation to the structure of our token infrastructure, including (but not limited to) the swapping out tokenisation mechanism on the Bolt ecosystem.
6.6By purchasing, possessing and transferring $Bolt Tokens, you agree that $Bolt Tokens are not to be construed, interpreted classified or treated as:
●any kind of currency other than cryptocurrency;
●debentures, stocks or shares issued by any person or entity (whether BOLTOS and/or linked third-parties);
●rights, options or derivatives in respect of such debentures, stocks or shares;
●Units in a collective investment scheme;
●Units in a business trust;
●Derivatives of a business trust or-;
●Any other security or class of securities.
The value of $Bolt Tokens are not equivalent to the purchasing price. The value of $Bolt tokens is subject to fluctuation on the exchange, users will be aware of these disparities and engage in token activity accordingly.
6.7Users who are citizens or residents (tax or otherwise) or green card holders of the United States of America or the People’s Republic of China are not eligible to purchase any $BOLT Tokens, and may only purchase PLUS Tokens, to be used within the Bolt+ platform.
6.8Participating in any activity involving $Bolt Tokens requires a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology; By purchasing and possessing $BOLT Tokens, you agree that you as a user possess these basic competencies.
8.Payments
8.1You have the right to buy, sell, trade, transact and list NFT, cryptoassets and cryptocurrencies on the Platforms. BoltOS also reserves the right to charge a handling/transaction fee on every transaction that is made through our Platforms.
8.2You agree to not hold BOLTOS liable for any issues which may arise from NFT, cryptoassets or crypto transactions that happen through the use of an outside wallet or third-party payment systems.
8.3You are solely responsible for determining what, if any, taxes apply to all your transactions including those arising from the Revenue (as hereinafter defined). BoltOS is not responsible for determining the taxes that apply to your payments, be they fiat, cryptoassets, cryptocurrencies or otherwise.
9.Creators and/or Users’ Revenue
9.1As a content creator and user, you/your engagement/your Content may receive or be entitled to NFTs, gifts, donations, tips, subscription fee and any other rewards; and advertising revenue (collectively “Content Creator Revenue”). We are pleased to let you retain up to 50% of advertising revenue and up to 90% of revenue generated from the other streams of revenue mentioned above after the applicable deductions and charges referred to in Clause 9.2.
9.2You agree that the Content Creator Revenue, your purchases, those you gifted, donated, tipped and rewarded to other users may be subject to payment of applicable transaction fees, sharing with BoltOS and/or its third-party service providers. For this purpose, you agree that we and our third-party service providers may process all transactions that are initiated by use of your Information and/or account and authorise us to make such applicable charges and deductions.
9.3BoltOS shall be entitled to revise such percentages of sharing and/or transaction fees it charges from time to time at its sole discretion.
9.4BoltOS has partnered with external advertising partners in order to increase revenue generation for the platform and its users. In the event BoltOS makes available these services for individual content creators, users will be subject to additional obligations and agreements with BoltOS and potential 3rd parties. Where our users have agreed to participate in advertised streaming avenues, it is the responsibility of channel creators and video streamers to create ad break times and inventories that do not interrupt the flow of their content. You (the channel owner) are responsible for creating these inventories in content schedules for BoltOS to facilitate any monetisation avenue, subject to any terms and conditions that may be (but are not limited to) the materials stated in clause 9.2 and 9.2 of this terms of service.
10.Rewinds function
10.1A feature of Bolt+ is the Rewinds function that allows streamers and creators to store and keep recordings of their streams for 30 days. Following the elapsed time period of 30 days, it will be your (the users) responsibility to download or personally store any rewinds, all rewinds will be deleted from the platform following this period. Should a creator or content owner choose to retain rewinds on the platform, this may be granted on a case-by-case basis following a content owner’s request to BoltOS. BoltOS reserves the right to charge creators for their content remaining on the platform for over 30 days.
10.2BoltOS also reserves the right to compile rewinds into categories for watchers to browse collectively. The content of these rewinds remains your (the content creator) intellectual property and will continue to be accredited to you. These rewinds will include ad-supported presentations which you (the content owner) will be entitled to, subject to the terms and conditions of our ad-revenue share regime which all users are subject to via additional agreement.
10.3Should the user (and/or content owner) wish to opt out of the rewinds function capabilities and wide categorisation features on Bolt+, you(the user) may do so by contacting BoltOS at contact@bolt.global so we may remove the user’s content from our rewind features on Bolt+.
10.4BoltOS retains full discretion to alter, remove and amalgamate these features or the structure of their delivery at any time.
11.Quizzes, Contests, Games and Purchases
11.1Your participation in quizzes, contests, games, surveys, prize draws and purchase of any products and services on our Platforms (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 as may be communicated by BoltOS from time to time.
12.Intellectual Property
12.1The Content trademarks, service marks and all graphical elements including the look and feel appearing on BoltOS’ Services, are protected by copyright 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 the intellectual property rights owners. You do not acquire a licence or any ownership to the same through your access to the Content and/or Services.
12.2By utilising our platforms for the presentation and access of your NFT, you are agreeing to let us display your NFT on our platforms Bolt+.TV and Bolt X, this includes but is not limited to promotional material, marketing campaigns, the display of your NFT on exclusive pages on our Platforms and all relevant activities which include the transaction, sale and display of your NFT.
12.3You represent that you own, control or are licensed to use your Content, Login ID, domain names used on the Platforms and the publication of the same shall not infringe any copyrights, proprietary or intellectual property rights of any parties. You shall keep BoltOS fully indemnified in this respect. In the event of any claims of such breach against BoltOS, without prejudice to BoltOS rights against you hereunder, we shall have the right to remove your User-Generated Content, suspend and/or ban your account and wallet(s).
13.Disclaimer
13.1We do not make any express or implied warranties, representations, endorsements or guarantees of any kind including without limitation, the usefulness, completeness, adequacy or accuracy, in respect of the Services and the Content (including the User-Generated Content) 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, User-Generated Content 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.
13.2To the maximum extent permitted by the applicable laws, regulations and rules, BoltOS and/or the Distributor shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on our platforms and BoltOS affiliated sites.
13.3Any dispute arising from the terms in this agreement shall be deemed personal to an individual user and will be resolved through mechanisms of arbitration. Users agree to a prohibition to bring about a class action, class arbitration or any dispute resolution mechanism whereby an individual attempts to resolve on behalf of another individual or group of individuals
13.4You are responsible to evaluate and verify the usefulness, completeness, adequacy or accuracy of any information provided by us or any third parties about our $Bolt tokens and/or cryptoassets prior to making any investment, business or commercial decisions in respect of your collection, giving, purchase and/or sale thereof. You also agree and acknowledge that cryptoassets are volatile in nature and that their price, volume or performance can also materially and adversely affect your assets. You acknowledge that you fully understand this subjectivity and volatility and that you may lose capital and that you do not hold BoltOS liable for any losses you may incur.
13.5You agree that we will not be liable for any unauthorised copying, use or distribution of your User-Generated Content by any third parties and that you will release and forever waive any claims you may have against us for such unauthorised use.
13.6You agree and consent to not holding BoltOS or its affiliates responsible or liable for any transaction which employs the use of third-party payment systems. This includes but is not limited to: any sort of fiat or E-Money transfers, on and off ramping, crypto to crypto swaps, crypto to fiat swaps and vice versa. This applies to all Services on our Platform.
13.7You understand that we do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains.
13.8You also agree that there are risks associated with using Internet and blockchain-based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to your third-party wallet, Account(s) on the BoltOS Platforms. You accept and acknowledge that BoltOS will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
13.9We 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 how-so-ever 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 USD500.00. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
13.10BoltOS only facilitates and will not be held liable for any breaches of issues arising from your crypto online activity. Users will bear full responsibility to ensure that their information and accounts are safe; actions such as (but not limited to) ensuring the use of secure passwords, self-verifying website URL’s, self-researching buyers and sellers, securing private links and keys, staying self-informed about scams and flagging suspicious activity.
14.Consequence of Violation
14.1If you breach or violate 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 and/or Content, your ability to access, visit, and/or use the Services or any part thereof, with or without notice, in addition to our other remedies.
14.2You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to your breach of the Terms of Service or any additional terms and conditions or Agreements; your Post(s) or any other content you otherwise contribute; any activity in which you engage on or through the Service; and your violation of any law or the rights of a third party.
14.3If required, users who wish to stream content on Bolt+ must choose the appropriate age category of their content as there will be a notification to which. In the event that a user chooses the incorrect age categorisation , BoltOS reserves the right to remove the content or make it unavailable through our moderation protocols set in place to protect inappropriate material for our younger viewers.
15.Infringement Claims
15.1For us to process your infringement claims regarding the Content on the Services, you must be the rightsholder or someone legally authorised to act on behalf of the rightsholder. Your notice to us must include:
●Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim are being infringed;
●Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., URLs) on the Service of the material claimed to be infringing, so that we may locate the material;
●Your contact information – at a minimum, your full legal name (not a pseudonym) and email address;
●A legal declaration that contains all of the following:
-A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the intellectual property rights owner, its agent, or the law;
-A statement that the information in the notice is accurate; and
-A statement under penalty of perjury that you are authorised to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
●Your physical or electronic signature (of your full legal name).
15.2We will be entitled (but not obligated) to serve an alleged infringer an infringement notice and request for proof of intellectual property rights. If we do not hear back from the alleged infringer within the stipulated period, we will be entitled (but not obligated) to remove the alleged infringed User-Generated Content. For this purpose, please note that we will be entitled to forward your notice of intellectual property infringement to the alleged infringer and/or request that the dispute be directly handled between the parties. We are not your mediators and will not be held responsible if the alleged infringer refuses to take down the alleged infringed User-Generated Content.
16.General terms
16.1Failure 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.
16.2If any part of this Terms of Service is adjudged to be invalid or unenforceable, the remainder of its terms will continue in full force and effect, and if 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.
16.3This Terms of Service shall be governed by and be construed in accordance with the laws of England and Wales without reference to conflict of laws. 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. You further agree that any action taken by you will be in your individual capacity and not as a class or representative action.
16.4You consent to receive notices and other communications, electronically from us at the email address you have provided and to receive updated versions of our Apps and related party third-party software.
16.5We reserve the right 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.
16.6Unless otherwise provided herein to the contrary, 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.