Brave Boots is a website for questions and answers (also referred to herein as the “Site”). Like all communities, we ask that you participate in a manner that respects your fellow community members. To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the Brave Boots community or otherwise access or use the Site or any services provided on the Site (collectively, “Services”). These terms govern the use of the Site (the “Site Terms”).
You must be at least 13 years old to access or use the Site or Services, including without limitation to complete a Brave Boots account registration. By accessing or using the Services or the Site in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services or Site in any manner, and may not provide any personal information to or on the Services or Site (including, for example, a name, address, telephone number or email address).
If you are located within the European Union, you must be at least 16 years old to access or use the Site or Services, including without limitation to complete a Brave Boots Account Registration. By accessing or using the Services or the Site in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or Site in any manner, and may not provide any personal information to or on the Services or Site (including, for example, a name, address, telephone number or email address).
Any user of the Site is welcome to participate in community discussions, to answer questions, and to share their hard earned knowledge with Site community participants, provided that they comply with the obligations set forth in these Site Terms, and to the extent that use of the Site does not conflict with the applicable laws, rules and regulations of the user’s jurisdiction. Brave Boots reserves the right to refuse, suspend or terminate your access to the Site if it determines, in its sole discretion, that you have in any way violated these Site Terms or are otherwise ineligible to access or use the Site or Services. If your actions are determined by us to violate these Site Terms, Brave Boots may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in Brave Boots’s sole discretion), then Brave Boots may revoke your rights to the Site. You are solely responsible for ensuring that these Site Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Site or any Services is revoked where these Site Terms or use of the Site or any Services is prohibited or conflicts with any applicable law, rule or regulation.
Brave Boots will use reasonable efforts to make the Site available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime.
To access some of the Site features you will need to register for an account as an individual and consent to these Site Terms. If you do not consent to these Site Terms, Brave Boots reserves the right to refuse, suspend or terminate your access to the Site.
Brave Boots is a community and we expect you to treat each member of the Brave Boots community with respect. Whether a community member is asking their first question, or is a reputation superstar, we respect you and welcome you, but we also require you to be kind to one another. To prevent bad actors from creating a negative community experience, we reserve the right to pause or terminate your account if you engage in disruptive, abusive, or nefarious behavior.
You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the Services and Site.
Some premium or additional features of Brave Boots may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event Brave Boots charges for features you will be clearly notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of Brave Boots.
Brave Boots Content
All materials displayed or performed on the Site, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively “Site Content”) (other than Site Content posted by individual “Subscriber Content”) are the property of Brave Boots and/or third parties.
All trademarks, service marks, and trade names are proprietary to Brave Boots and/or third parties and use of the Site means you agree to abide by all copyright notices, information, and restrictions contained in any Site Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to international covenants, and other copyright laws. Other than as expressly set forth in these Site Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the Site Content, software, materials, or Services in whole or in part.
Any other downloading, copying, or storing of any Site Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Brave Boots or from the copyright holder identified in the copyright notice. In the event you download software from the Site, the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the “Software”) is licensed to you by Brave Boots or third party licensors for your personal, noncommercial use, and no title to the Software shall transfer to you. Brave Boots or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, “Content”) that you provide to the Site (collectively, “Subscriber Content”), is perpetually and irrevocably licensed to Brave Boots on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC BY-SA), and you grant Brave Boots the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Subscriber Content, even if such Subscriber Content has been contributed and subsequently removed by you as reasonably necessary to, for example (without limitation):
This means that you cannot revoke permission for Brave Boots to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. The CC BY-SA Creative Commons license terms are explained in further detail by Creative Commons, but you should be aware that all Public Content you contribute is available for public copy and redistribution, and all such Public Content must have appropriate attribution.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, BRAVE BOOTS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BRAVE BOOTS PROVIDES NO GUARANTEES THAT THE SERVICES OR NETWORK WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE NETWORK, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE PUBLIC NETWORK TERMS ON AN “AS IS” BASIS.
You will indemnify and hold Brave Boots, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Site, use of Brave Boots products or services made available on the Site, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAVE BOOTS AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE NETWORK OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF BRAVE BOOTS OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT BRAVE BOOTS’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
a. No Waiver
Our failure to enforce any part of these Site Terms shall not constitute a waiver of our right to later enforce that or any other part of these Site Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Site Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Site Terms are for convenience only and shall not affect their interpretation.