BOUNDLESS MEDIA TERMS OF USE
Effective Date: July 28, 2025
Welcome to the website of Boundless Media (livinboundless.com). This website is owned and operated by Boundless Media (“Boundless Media,” “we,” “us,” or “our”). Please read these Terms of Use carefully, as they govern your access to and use of this website (the “Site”), along with all associated services, features, and content.
INTRODUCTION
Acceptance of the Terms of Use. These Terms of Use describe your legal rights and obligations. By using the Site, you accept and agree to be legally bound by these Terms and by our Privacy Policy, which is incorporated by reference into this agreement. These Terms of Use form a legally binding agreement between you and Boundless Media regarding your use of the Site and any related services, features, content, and offers made available through the Site. You also agree to resolve any disputes through binding arbitration and waive the right to bring claims as part of a class action.
If you do not agree to all of these Terms, you must stop using the Site immediately. Continuing to use the Site means you accept all terms and conditions described here. By using the Site, you confirm that you are at least 18 years of age and legally able to enter into this agreement.
This Site is not intended for children under 13 years of age. We do not knowingly collect personal information from anyone under 13. If we discover that we have collected information from someone under 13, we will delete it promptly.
Throughout these Terms, when we say “use” or “using” the Site, we mean any action in which you directly or indirectly access, interact with, browse, view, download, post, submit, or otherwise engage with any aspect of the Site. This includes using or benefiting from features, content, promotions, or services on or through the Site. The word “including” means “including, but not limited to” and is always meant to be illustrative—not limiting.
We may refer to any individual using the Site as “you” or “your” or a “user.” If we use the phrase “Our Companies,” we are referring not only to Boundless Media, but also to its agents, representatives, subsidiaries, affiliates, partners, and licensed brands.
The term “Site” refers to any websites, tools, platforms, or digital services hosted under the livinboundless.com domain or any mirror or replacement sites. Unless otherwise stated, this includes all content, data, images, media, text, logos, code, software, trademarks, design, arrangement, and any legally protectable elements on or associated with the Site (“Content”).
The term “Services” refers to the specific features or functionalities offered on or through the Site.
These Terms of Use also include our Privacy Policy and any other terms provided to you when you use or attempt to use certain parts of the Site (“Additional Terms”). In the event of a conflict between these Terms and any Additional Terms, these Terms will control unless otherwise stated.
By using this Site, you acknowledge that you have read and understood all of the terms and conditions, and you agree to be bound by them. You use the Site and any goods or content obtained through it at your own risk. If you do not agree with these Terms, please stop using the Site.
OUR PRIVACY POLICY
Your privacy matters to us. We have a Privacy Policy that explains how we collect, use, and share your information. All information we collect through this Site is handled according to our Privacy Policy, which is part of these Terms of Use.
CHANGES TO OUR TERMS OF USE AND SITE
We may change these Terms of Use or any part of our Site at any time. When we make changes, we will either post the updated Terms on this Site or send you a notice by email. If you keep using the Site after those changes are posted, you are agreeing to the new Terms.
Please review these Terms regularly to stay informed. The “Effective Date” at the top of this document tells you when the Terms were last revised.
USE OF THE SITE
For U.S. Users Only. This Site is intended exclusively for individuals residing in the United States. Use of the Site by individuals located outside the United States is not permitted. We make no representation that any content, features, or services available through the Site are appropriate or available for use in other countries. If you access the Site from outside the United States, you do so voluntarily and at your own risk, and you are solely responsible for complying with all local laws, regulations, and restrictions. Additionally, offers provided through the Site are not valid for redemption by individuals who are not U.S. residents.
No Employment or Partnership Relationship. Using the Site does not make you a partner, employee, representative, or agent of Boundless Media. You are simply a user of our Site.
Accessibility. We are committed to making our Site accessible to everyone, including individuals with disabilities. If you encounter any accessibility issues, please contact us so we can address the problem.
USER RESPONSIBILITIES AND USER CONTENT
Providing Accurate Information. When using the Site, you agree to provide only accurate and current information. This includes your name, contact details, and any other information required. You are responsible for ensuring your details remain up to date. If you provide false, outdated, or incomplete information, you may be held accountable for any resulting issues or damages. You also agree to indemnify Boundless Media for any consequences caused by false, outdated or misleading information.
Account Security and Responsibility. You are responsible for keeping your login credentials (such as your password) confidential. Do not share your login information with others. You are liable for any activity that occurs under your account, regardless of whether you authorized it.
If you believe someone has gained unauthorized access to your account, contact us immediately. We are not liable for any loss or damage caused by unauthorized access that results from your failure to secure your account.
Rules of Conduct. You agree to use the Site only for lawful purposes and in a manner consistent with these Terms of Use. You must not:
- Break any applicable laws, rules, or legal orders;
- Share content that is illegal, offensive, abusive, discriminatory, threatening, defamatory, or otherwise inappropriate;
- Pretend to be someone else or give false information about who you are;
- Send or spread harmful software like viruses, malware, or similar threats;
- Try to access the Site, other accounts, or any connected systems or networks without permission;
- Disrupt or interfere with the normal operation of the Site;
- Use the Site to send unwanted or spam messages;
- Try to bypass or trick systems meant to limit offers or account usage.
You may only have a single user account. Creating more than one account or using false information to get around limits or access additional offers is strictly prohibited. Boundless Media reserves the right to suspend or terminate your access and pursue legal remedies if you violate any of these rules. We will fully cooperate with law enforcement if necessary.
Posting User Content. Our Site may allow you to register, create a profile or account, and submit, provide, transmit, exchange, communicate, or display content or materials to other users (referred to as “Posting”). Such submissions are collectively referred to as “User Content.” By Posting, you affirm that you either own or have the legal right to use and share the User Content, and that it does not violate any law, regulation, these Terms of Use, or the rights of others.
Boundless Media does not have an obligation to verify, monitor, review, or ensure the accuracy, completeness, or legality of any User Content but we reserve the right to do so at any time, for any reason or no reason. We may request verification of any information submitted to or through the Site. We do not endorse any User Content, and we are not obligated to screen or pre-approve it. However, we may remove content that we, in our sole discretion, believe violates these Terms.
You are solely responsible for any content you post and for the activity under your account. If you suspect that your user ID, login, or password has been compromised, you should notify us immediately so we can take appropriate action. You agree to take full responsibility for all activity tied to your registration, profile, account, or credentials, and you agree to defend and indemnify us as described in the “You Indemnify Us” section. If you believe your login or password may have been accessed or misused, please contact us right away at support@boundlessmedia.com.
Feedback and Submissions. Boundless Media values your feedback and suggestions regarding our programs, services, or ways to improve the Site. When you send any suggestions, information, materials, or other content (“feedback”) to Boundless Media, you confirm that you own the rights to that feedback and that it does not violate anyone else’s intellectual property or other rights (such as patents, copyrights, or trademarks).
By submitting feedback through the Site, you grant Boundless Media a free, permanent, and transferable license to use, share, copy, publish, and create new works from your feedback worldwide, in any form or media now known or created in the future, without needing further permission or payment. You also agree not to make any claims against Boundless Media related to our use of your feedback.
Our Rights to User Content. User Content you provide will be treated as non-confidential and non-proprietary, and may be used by Boundless Media, its affiliates, or related companies. You keep ownership of your Content, and nothing in these Terms of Use or your use of the Site takes away your rights to that Content. By posting, uploading, displaying, or sharing Content on or through Boundless Media or the Site, you are:
- Giving Boundless Media a non-exclusive, permanent, worldwide, royalty-free, transferable, and irrevocable license to use, display, copy, modify, adapt, publish, distribute, and broadcast your Content in connection with the Site, without owing you anything or needing to notify you; and
- Confirming that you have the right to submit this Content and grant the license described above.
If someone else has rights to the Content you submit, it is your responsibility to get any necessary permissions or licenses from them. By submitting the Content, you agree to be fully responsible and to defend and protect Boundless Media if any claims arise (see the “You Indemnify Us” section).
7. How Long We Retain Your Data For
When you submit a support ticket or a comment, its metadata is retained until (if) you tell us to remove it. We use this data so that we can recognize you and approve your comments automatically instead of holding them for moderation. If you register on our website, we also store the personal information you provide in your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit that information.OFFERS
Offer Redemption Terms. From time to time, Boundless Media may provide deals, sweepstakes, contests, free samples, or other promotions (collectively, “Offers”). Availability of these Offers may vary depending on your location and the timing. Each Offer may require you to submit personal information to participate. Each promotion has its own Terms and Conditions, which govern your participation. You must read and agree to those separate Terms and Conditions before joining any Offer, and those terms are part of these Terms by reference.
NO PURCHASE OR PAYMENT IS NECESSARY TO RECEIVE A FREE SAMPLE.
By redeeming a free sample, you agree to be bound by these Terms and Conditions as they apply to that Offer.
The Offer: The Offer usually consists of a trial or sample size of a product and is subject to product availability and your choice. The Offer is for your personal use only. You may not sell any samples provided by Boundless Media.
How to Redeem: If a sample is available, you must complete the online offer form with your full mailing address and contact details. You must check the box on the submission screen to confirm your agreement to these Terms and Conditions. The sample will be mailed to the address you provide. Please allow 6 to 8 weeks for delivery from the date you submit the form. If you do not complete the form, Boundless Media will not ship the sample. We reserve the right to substitute a similar sample if the one requested is unavailable.
If you receive a Tango Card Reward Link, you must redeem it within five (5) days of issuance. Unredeemed cards will be canceled automatically after five days.
General Conditions: This Offer is only available to legal U.S. residents, 18 years or older. It is void outside the U.S. and where prohibited by law. Only one Offer per household, and one time per month, is allowed. The Offer is non-transferable and cannot be exchanged for cash. All Offers are provided “as is” without any warranty from Boundless Media. Tokens to redeem Offers expire 30 days after issuance; late requests will be denied.
Boundless Media reserves the right to deny or cancel any Offer at its sole discretion, including for incomplete forms, suspected fraud, or violations of these Terms. We may also end any Offer at any time for any reason.
Soft Credit Inquiries: To help match you with relevant Offers, we may perform a soft credit inquiry from consumer reporting agencies to verify your information and determine eligibility. Soft inquiries do not affect your credit score and are not visible to other parties.
By using our Services and participating in Offers, you authorize Boundless Media under the Fair Credit Reporting Act (FCRA) to access your consumer report, including your credit report if needed. This is used only to verify your identity and find suitable Offers. We do not perform hard credit inquiries without your explicit consent.
Administrator: The administrator of the Free Sample Offer is Boundless Media doing business as Boundless Media, located in the Cayman Islands. This Offer is not endorsed, sponsored, or administered by any company or entity whose products or samples may be referenced. Any trademarks or product names mentioned belong to their respective owners and do not imply endorsement by those owners.
Informational Content Only. All content on the Site—including product descriptions, blog posts, savings tips, and other materials—is provided for informational purposes only. Nothing on the Site should be taken as medical, legal, financial, or professional advice. You should not rely on this content as a substitute for advice from a qualified expert. Boundless Media is not responsible for any decisions you make based on the information on our Site.
COMMUNICATIONS
Consent to Communications. By using our Site, you agree to receive transactional, informational, and marketing communications from Boundless Media and its affiliates. These messages may be sent by email, phone calls, or text messages, including automated dialing or prerecorded messages. Standard message and data rates may apply.
Opting Out:
- You can unsubscribe from marketing emails by clicking the “unsubscribe” link in any email.
- You can opt out of text messages by replying “STOP” or contacting our support team.
We will honor all opt-out and do-not-contact requests promptly. For more details, please see our Privacy Policy.
Visual playback & Compliance Evidence Clause. We use special tools to record your consent. By using our services and opting into any offers or communications, you agree to the following:
- Recorded Opt-In Consent: Your opt-in actions on our platform are recorded through visual playbacks, system logs, and time-stamped records. These visual playbacks serve as proof of your consent and help us comply with laws. Sometimes, due to technical issues (like device or network problems), a visual playback may not be created. In those cases, we keep other internal records, and you agree these are enough to confirm your consent.
- Waiver of Lack-of-Consent Claims: If we provide a visual playback or similar proof showing your opt-in, you agree not to deny or dispute that you gave consent.
- Conclusive Proof of Consent: Our compliance records, including visual playbacks and logs, are final proof that you consented unless you provide clear evidence that they are incorrect or fraudulent.
- Third-Party Advertisers: This clause also applies when third-party advertisers use our platform to get your consent. They can rely on our records as proof of your consent.
- User Acknowledgment: You acknowledge that your opt-in will be stored in a visual playback format and may be used as evidence if there is a dispute. This helps prevent unfounded legal claims and ensures your consent is enforceable.
You confirm that you have read, understood, and accepted this clause by using our site or services going forward. In order to maintain our (and that of our Companies) right to uphold your consent as valid and binding, it is intended to be legally enforceable to the greatest extent allowed by law.
Regulatory Compliance Clause. We are committed to following all laws about marketing communications and consumer protection, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act and other federal or state laws regulation marketing calls, text messages and emails.
Our Compliance Efforts:
- Obtaining Prior Consent: We get and document your express permission before sending marketing texts, calls, or emails.
- Opt-Out Options: We provide easy ways to unsubscribe, such as “unsubscribe” links and text commands like “STOP” or “BYE.” We honor all opt-out requests promptly and keep a do-not-contact list.
- Record-Keeping: We keep detailed records of your consents and preferences, including timestamps and IP addresses.
- Third-Party Monitoring: We use third-party tools to audit our compliance regularly and train our staff accordingly.
- Your Agreement Regarding Claims. By using our services or giving your contact info, you agree not to sue or claim violations of marketing laws like TCPA or CAN-SPAM unless you first notify us and give us a chance to fix the issue as described below. If we resolve the problem within the set time, you waive your right to pursue the claim.
- Notice and Opportunity to Cure. You consent to allow Us an opportunity to look into and resolve any compliance issues before taking further action in order to avoid baseless or premature complaints. Specifically, you must give us a thorough written notice outlining the problem before you file a claim or take legal action involving an alleged regulatory breach by Us. Information like the message you received (date, content, and phone number or email used) and the reason you think it breaches applicable legislation should be included in this notice.
We have 30 (thirty) days from the date of your notice to look into the situation and, if required, fix any compliance issues. You commit to refraining from filing a lawsuit, chargeback, or complaint for the duration of this 30-day cure period. You won’t pursue the claim further if we reply and fix the problem within this window of time. Any action taken without giving the necessary notice and cure period will be deemed premature and barred by this agreement. You may only pursue formal claims or legal remedies if We do not respond or adequately resolve the issue within 30 (thirty) days.
Additionally, you agree that a visual playback of your opt-in could be used as proof that you gave permission to receive messages from third-party advertisers via Boundless Media’s services. This provision does not, however, absolve you of the right to contest whether a third party complied with applicable laws when sending communications, nor does Boundless Media have any control over or guarantee the compliance practices of third-party advertisers.
Mobile Services. Our Site may offer tools or services accessible via your mobile phone or other mobile devices (“Mobile Services”). Your mobile carrier’s normal messaging, data, and other fees apply when you use these services. Some Mobile Services may be restricted or unavailable depending on your carrier or device. You are responsible for checking with your carrier about availability, restrictions, and costs. All use of the Site and Mobile Services must comply with our Terms of Use.
Mobile Program Terms of Service. The Boundless Media mobile messaging service (“Service”) is operated by Boundless Media (“we” or “us”). By using the Service, you agree to these conditions (“Mobile Terms”). We may change or cancel the Service or these terms at any time, and continued use means you accept such changes.
The Service is free, but your mobile carrier may charge message and data rates. Messages may be sent using automatic telephone dialing systems. Your consent to receive these marketing texts is not required as a condition of purchasing any goods or services. If you opt in, you will receive promotional messages and other marketing offers from Boundless Media. Message frequency may vary. To stop, text STOP anytime; you will get a one-time opt-out confirmation message. For more helo, text HELP or email support@boundlessmedia.com
We may change phone numbers or short codes used for the Service at any time but we will notify you. Therefore, you accept that messages you send to non-used numbers may not be received, and we are not responsible for those missed requests.
Wireless carriers are not responsible for delayed or undelivered messages. You agree to provide and maintain a valid mobile number and update us immediately if it changes.
You agree to indemnify and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or for providing a phone number that is not yours.
You acknowledge that we will not be responsible for any information transmitted through the Service that is not sent, is delivered incorrectly, or is delayed, or for any action you take or do not take in response to the information or Service.
LEGAL TERMS
Copyright Infringement. If we are notified that content on our Site violates someone’s copyright, we will act quickly to remove it. We may also block or restrict access to our Site for users who violate copyright laws. If you believe something on our Site uses your copyrighted material without permission, please follow the steps in the section below titled “Notice and Procedure for Making Claims of Copyright Infringement.”
Notice and Procedure for Making Claims of Copyright Infringement. Boundless Media follows the rules of the Digital Millennium Copyright Act (DMCA). You can find the full text of the law at: http://www.copyright.gov/legislation/dmca.pdf.
THE PURPOSE OF THE FOLLOWING INFORMATION IS TO ALERT US TO ANY POTENTIAL INFRINGEMENT OF YOUR COPYRIGHTED MATERIAL. DO NOT CONTACT THE CONTACT LISTED BELOW WITH ANY QUESTIONS UNRELATED TO COPYRIGHT INFRINGEMENT (SUCH AS REQUESTS FOR TECHNICAL SUPPORT OR CUSTOMER SERVICE, OR REPORTS OF E-MAIL ABUSE) BECAUSE YOU WILL NOT RECEIVE A RESPONSE.WE WARN YOU THAT YOU COULD FACE SEVERE CIVIL PENALTIES UNDER FEDERAL LAW IF YOU INTENTIONALLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING. THESE PENALTIES INCLUDE MONETARY DAMAGES, LEGAL FEES, AND COURT COSTS INCURRED BY US, ANY COPYRIGHT OWNER, OR ANY COPYRIGHT OWNER’S LICENSEE WHO SUFFERS HARM AS A RESULT OF OUR RELIANCE ON YOUR FALSE REPRESENTATION. ADDITIONALLY, YOU CAN FACE CRIMINAL PROSECUTION FOR PERJURY.
If you believe your copyrighted work has been used on our Site without permission, please send a written notice to our Designated Agent with all the information listed below. We will review and respond promptly to all valid claims.
Service Provider: Boundless Media
Designated Agent: Copyright Manager
Email: legal@boundlessmedia.com
Also, under Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
- Your signature (physical or electronic), or the signature of the person allowed to act for the copyright owner.
- The name of the copyrighted work (or works) you believe were infringed.
- A description of the material you believe is violating your copyright, and where the original authorized version can be found (for example, a book title and page number, or a website URL).
- A description of where the infringing content appears on our Site, including the page or URL.
- Your full contact information—name, address, phone number, and email.
- A statement that you believe, in good faith, that the use of the material is not allowed by the copyright owner, their agent, or the law.
- A statement made under penalty of perjury that the information in your notice is correct, and that you are the copyright owner or authorized to act for the copyright owner.
Intellectual Property Rights. Everything on the Site—such as text, images, graphics, videos, audio, and the way those elements are designed and arranged (together, the “Boundless Media Content”)—is owned by, licensed by or provided to Boundless Media and is protected by copyright, trademark, and other intellectual property laws.
You are allowed to use the Site and its content for your own personal, non-commercial use only. Unless we clearly say otherwise in these Terms of Use, you may not copy, modify, reproduce, prepare derivative works, publish, or share any Boundless Media Content. If you use our content in a way that violates these Terms, someone else’s rights, or any laws—including copyright or trademark laws—you could face legal consequences, including lawsuits or criminal charges, under U.S. or international laws.
Assignment and no Third-Party Beneficiaries. Without our consent, you are not permitted to assign your rights or obligations under these Terms to another individual. However, without your consent, Boundless Media may assign this agreement to another business, such as an affiliate or a new owner. Boundless Media and you are the only parties to these terms. Under this agreement, no one else may assert any rights other than Boundless Media and our Companies.
Third-Party Content And Links From The Site. Links to third-party websites and resources may be included on the site, however they are solely included for convenience. This covers links found in sponsored links, banner ads, and ads themselves. Any websites or content from third parties are outside our control and liability. The Site may contain links to the websites of certain partners and affiliates with whom we collaborate. We make no guarantees regarding the accuracy, currency, content, or quality of the information provided by these partner and affiliate sites because neither our site nor its content have any control over their performance or content. We also disclaim all liability for any unintended, objectionable, inaccurate, misleading, or illegal content that may be found on these sites.
Third-Party Merchants. Numerous offers from affiliates and third-party partners are available on Boundless Media, which may enable you to purchase, obtain, or use a range of goods and services from companies that are not ours. Delivery, guarantee, maintenance, and all other issues pertaining to your interactions with these companies are exclusively your responsibility. Any such third-party offers are not endorsed, guaranteed, or provided by us, and we disclaim all liability for the availability of any offers as well as the accuracy, completeness, or use of the information provided.
Disclaimers And Limitation Of Liability. OUR SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.
OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
No License. Nothing on the Site should be interpreted as giving you permission to use any of our or any third party’s trademarks, service marks, or logos.
You Indemnify Us. Through your use of our site, you agree to defend and hold harmless us and any or all of our Companies from any demands, claims, or actions resulting from your use of the site, from your breach or violation of our terms of use, including any breach resulting from legal or regulatory violations, and from claims of infringement, misappropriation, or violation of any person or entity’s rights (collectively, “Claim”). You also agree to indemnify and hold our Companies harmless from and against any and all losses, damages, costs and expenses, including reasonable attorneys’ fees, resulting from any such claim. We reserve the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. When we use the phrase “you will defend and indemnify us” anywhere in our Terms of Use, it means and refers to the foregoing provisions of this section of our Terms of Use.
Term And Termination. As soon as you click “ACCEPT,” register, reply to an information request, or start downloading, accessing, or using the Site, our Terms of Use will go into effect, whichever comes first. In order to protect its reputation and goodwill, its business, and/or other Users, Boundless Media reserves the right to deny you access to the Site or any portion of it at any time and for any reasonable reason, including but not limited to any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement. Our Terms of Use with you will also automatically terminate if you do not comply with its terms and conditions, subject to the survival rights of certain provisions listed below. Termination of this agreement is effective immediately and without prior notice. You may also end this agreement at any time by discontinuing your use of the Site. However, any provisions of these Terms that by their nature should survive termination will remain in effect. These include, but are not limited to, terms related to intellectual property rights, feedback, submissions, user content, indemnification, disclaimers of warranties, limitations of liability, governing law, and dispute resolution. If you terminate this agreement or stop using the Site, you are required to delete or destroy all copies of any materials from the Site that you have in your possession.
Please note that if you return to the Site after termination, the current version of these Terms will once again apply to you.
We Have The Right To Terminate. We reserve the right to suspend, discontinue, or terminate the Site, or your use of the Site or any Services, at any time and for any reason, with or without notice, and without liability to you. This includes—but is not limited to—instances where we determine, in our sole judgment, that you have violated these Terms of Use, provided us with false or misleading information, or interfered with the use of the Site or Services by others.
In addition to our other legal rights and remedies, we may: (i) refuse to allow you to make further postings; (ii) remove or delete any content you have submitted; (iii) revoke your right to use our Site; (iv) terminate your Boundless Media account; (v) implement any technical, legal, or operational measures we deem necessary to enforce our Terms of Use, including blocking specific IP addresses or disabling your registration. These enforcement rights apply in addition to any other remedies we may have under law or equity.
GOVERNING LAW AND BINDING ARBITRATION
Governing law. Our Terms of Use and your use of our Site shall be interpreted, governed by, and enforced in accordance with the substantive laws of the State of Texas, without regard to its conflict-of-law rules. You agree not to object to the jurisdiction or venue of any legal proceedings based on lack of personal jurisdiction, inconvenient forum, or any similar grounds. The Uniform Computer Information Transactions Act (UCITA) does not apply to these Terms of Use.
YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE.
Arbitration Agreement And Class Action Waiver. By using our Site, you agree that any disputes will be resolved in a prompt and cost-effective manner through binding arbitration rather than in court. The following provisions outline our arbitration agreement, which is designed to deter frivolous lawsuits and promote efficient dispute resolution:
- Pre-Arbitration Dispute Resolution Requirement. Before starting an arbitration, the party intending to seek arbitration must first attempt to resolve the dispute informally. This includes: (a) providing written notice to the other party describing the dispute and desired resolution, and (b) allowing a period of at least 30 days to negotiate or settle the dispute in good faith. You and Us agree to communicate and negotiate in good faith during this period. If we are unable to resolve the dispute informally within 30 days (or another period we agree to in writing), either party may then proceed to initiate arbitration. Optional mediation: If both you and Us agree, we may also try to resolve the dispute through mediation (a neutral third-party facilitator) before proceeding to arbitration as per AAA rules.
- Mandatory Arbitration under AAA Rules. All disputes or claims arising out of or relating to these Terms of Service or your use of the Site must be resolved by final and binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its applicable rules and procedures (including the AAA’s Commercial Arbitration Rules), and not in a court of law. The decision of the arbitrator will be final and may be entered as a judgment in any court of competent jurisdiction.
- Venue in Fort Worth, Texas. The location of the arbitration shall be Fort Worth, Texas. All arbitration proceedings (including any in-person hearings) will take place in Fort Worth, Texas, unless you and Boundless Media mutually agree to a different location. You and Boundless Media consent to personal jurisdiction in Texas for the sole purpose of carrying out this arbitration provision.
- Class Action Waiver. All claims must be brought on an individual basis. Neither you nor Us shall be entitled to join or consolidate disputes by or against others, or pursue any claim as a class action, collective action, or in a private attorney-general capacity in arbitration or in any other forum. The arbitrator shall not have authority to conduct any class or collective arbitration or to join or consolidate the claims of multiple parties. By agreeing to this Terms of Service, You and Us waive any right to a jury trial and waive the ability to participate in a class action or class arbitration for any dispute covered by this arbitration agreement.
- Early Dispositive Motions. The arbitrator is expressly authorized to consider and rule on early dispositive motions. This means that, similar to a court’s motion to dismiss or motion for summary judgment, the arbitrator may dismiss claims that are frivolous or fail to state a valid claim before a full arbitration hearing on the merits. Either party may request such a motion early in the proceedings, and the arbitrator may grant it if warranted under the AAA rules and applicable law.
- Fee-Shifting for Baseless Claims. If the arbitrator determines that any claim or counterclaim is frivolous or brought in bad faith, the arbitrator may require the party asserting such claim to reimburse the prevailing party for its reasonable attorneys’ fees and arbitration costs incurred in defending against that claim. In other words, the losing party must pay the other’s fees and costs if—and only if—the arbitrator finds the claim was baseless or pursued in bad faith. (Otherwise, each side will bear its own attorneys’ fees and costs, as per the standard “American Rule,” unless the arbitrator specifically orders otherwise in accordance with applicable law).
- Single Arbitrator for Cost Efficiency. The arbitration will be conducted before a single, neutral arbitrator, not a panel of multiple arbitrators. Using a single arbitrator (instead of three) is intended to streamline the process and minimize costs for both parties. The arbitrator shall be mutually agreed upon by the parties from the AAA’s roster of arbitrators (if the parties cannot agree, the AAA will appoint a qualified arbitrator).
- Limited Discovery and Streamlined Procedure. The arbitration process will be streamlined for efficiency. The parties agree that the arbitration shall proceed under the AAA’s Expedited Arbitration Procedures (to the extent applicable) or otherwise be conducted in a manner designed to achieve a fast and cost-efficient resolution. The arbitrator may limit the scope of discovery (information exchange) to what is reasonably necessary to ensure a fair opportunity to present claims and defenses without unduly burdensome or time-consuming procedures. For example, the arbitrator may limit the number of depositions or require focused document exchange, consistent with the goal of a prompt resolution. The arbitration hearing itself shall be conducted on an expedited timeline as provided in the AAA rules, and the arbitrator is empowered to impose deadlines to keep the process moving quickly.
- Enforceability and Severability. This arbitration clause is governed by the Federal Arbitration Act (FAA) and is intended to be interpreted broadly in favor of arbitration. Severability: If any portion of this arbitration agreement is found to be invalid or unenforceable, that portion shall be severed (removed) and the remaining provisions shall continue in full force and effect. In particular, if the class action waiver is ever deemed unlawful or unenforceable with respect to particular claims, then those claims shall proceed in court (with any class portion severed and litigated in court) while the remaining individual claims still proceed in arbitration. Overall, the parties agree that any finding of unenforceability shall be narrowly applied so as to preserve the enforceability of this arbitration clause as much as possible. This arbitration provision shall survive termination of the Terms of Service and remains binding even after your relationship with Us ends.
MISCELLANEOUS
We reserve the right to update or modify these Terms of Use at any time by posting the updated version on the website. In the event of material changes, we will provide notice by posting an update on our website or through other reasonable means. Continued use of our services after such changes constitutes your acceptance. No amendment or modification of these Terms shall be valid unless made in accordance with this paragraph or in a written agreement signed by an authorized representative of the Company. The illegality, unenforceability, or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Headings are purely for reference and shall not affect meaning. Any provision which must survive any termination of your Agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
If we believe, have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’ rights, harasses or interferes with any other user, interferes with or bypasses security or other protective measures violates any law or regulation or these Terms of Use, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our Agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Force Majeure. Boundless Media is not responsible for any delay or failure to perform due to events beyond our control. These include natural disasters, fires, floods, government actions, wars, strikes, power outages, internet failures, or other unexpected events that make it impossible to operate. If this happens, we will do our best to resume services as soon as possible.
Injunctive relief. You acknowledge that any breach, threatened or actual, of our Terms of Use, including, without limitation, with respect to unauthorized use of Boundless Media proprietary assets, will cause irreparable injury to Boundless Media, such injury would not be quantifiable in monetary damages, and Boundless Media would not have an adequate remedy at law. You therefore agree that Boundless Media shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of our Terms of Use. Accordingly, you hereby waive any requirement that Boundless Media post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Boundless Media to enforce any provision of our Terms of Use.