Terms & Conditions


Acceptance of Terms & Conditions

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that Boldsquare Creative Services (“Boldsquare”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

1. General.

1.1 The Site provides an interactive online service operated by Boldsquare Creative Studio (“Boldsquare”) on the World Wide Web of the Internet (the “Web”), consisting of information services and content.

1.2 This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Boldsquare, and Boldsquare shall not be responsible for any data lost while transmitting information on the Internet. While it is Boldsquare’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Boldsquare, access to the Site may be interrupted, suspended or terminated from time to time.

1.3 Boldsquare shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Boldsquare may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

1.4 You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site.

2. Modified Terms.

Boldsquare reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Site. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

3. Equipment.

End User shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Boldsquare shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

4. Copyright and Trademarks.

4.1 Everything located on or in this Site is the exclusive property of Boldsquare or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF BOLDSQUARE IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.

4.2 This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright under applicable copyright laws. Boldsquare owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Boldsquare or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site otherwise owned or operated in conjunction with Boldsquare shall not be deemed to be in the public domain but rather the exclusive property of Boldsquare, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Boldsquare unless otherwise stated.

5. Disclaimer of Warranty.

5.1 END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER’S SOLE RISK. NEITHER BOLDSQUARE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE.

5.2 THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOLDSQUARE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liability.

IN NO EVENT SHALL BOLDSQUARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL BOLDSQUARE’S LIABILITY IN CONNECTION WITH A BOLDSQUARE PROMOTION EXCEED THE AMOUNTS PAID FOR SUCH BOLDSQUARE PROMOTION, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

7. Trademarks.

Boldsquare is a trademark of Susan Yang. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Boldsquare are the property of their respective owners.

8. Third-Party Content.

Boldsquare contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Boldsquare of the contents on such third-party sites, and Boldsquare hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Boldsquare expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Boldsquare reserves the right to revoke its consent to any link at any time in its sole discretion.

9. Miscellaneous.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

10. Arbitration.

By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Boldsquare arising out of, relating to, or connected in any way with this Agreement or this Site shall be resolved exclusively by final and binding arbitration administered by the ADR Institute of Ontario Inc. (ADR) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by ADR (“Rules and Procedures”); (2) the arbitration shall be held at a location in Toronto, Ontario determined by ADR pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon by End User and Boldsquare; (3) the arbitrator shall apply Ontario law consistent with the Arbitration Act (Ontario) and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Boldsquare’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Boldsquare may, at its option, pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by ADR, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Boldsquare shall be entitled to arbitrate their dispute. For more information on ADR and its Rules and Procedures, End Users may visit the ADR website at http://www.adr.org.