BLACTURE™ WEBSITE TERMS AND CONDITIONS
Welcome to the Blacture website (“Website”). This Website is maintained and operated by Blacture, LLC (“Blacture”, “we”, “us” or “our”).
Your access and use of this Website is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing or using any part of this Website, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree with all of the Terms and Conditions set forth below, do not access or use any part of this Website.
Authorized Use of Website: We invite you to review the content available on this Website for your personal informational purposes only. You may not make any other use of this Website without our prior written consent.
Proprietary Rights: We are the owner or authorized user of all parts of this Website, including without limitation all text, images, software, copyrights, trademarks, trade names and other intellectual property and proprietary rights contained in this Website. Some content of this Website is the property of third parties who have authorized us to use that content. By accessing or using this Website, you agree not to copy, distribute, publicly display, publicly perform, modify or otherwise make any derivative work of any of the content of this Website without the prior written consent of the applicable owner of that content. Except as expressly set forth in these Terms and Conditions, you have not been granted any rights in or to any part of this Website, including a license to use any part of this Website. All rights not granted under these Terms and Conditions are reserved by us.
Unauthorized Use of Website: You may not use spiders, robots, data mining techniques or other automated programs, processes or devices to catalog, download or otherwise reproduce, store or distribute content available on this Website. Further, you may not use any such automated means to manipulate this Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with or disrupt this Website or any other user’s use of this Website, including without limitation by overloading, “flooding,” “mailbombing” or “crashing” this Website, circumventing security or user authentication measures on this Website, or attempting to exceed the limited authorization and access granted to you for this Website under these Terms and Conditions. You may not frame any portion of this Website within another website. You may not sell access to or use of this Website.
Links: This Website may contain links to other websites not owned by or maintained by us. We encourage you to be aware when you leave this Website and visit another website, and to read the terms and conditions and privacy policies of those other websites. We are not responsible for the content or practices of other websites.
No Ideas Accepted: We do not accept, and we request that you do not submit to us, any unsolicited ideas, including without limitation suggestions about this Website, additions or other changes to our services, the merchandising of any products, or changes to our methods of doing business. We appreciate your interest in this Website and in us, but this policy eliminates concerns about ownership of the ideas we implement, this Website and the other services and products we offer or may offer in the future. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and agree that that idea is not submitted to us in confidence and that we assume no obligation, expressed or implied, with respect to that idea, regardless if we consider the idea. You further understand and agree that by submitting any idea to us you irrevocably assign to us all worldwide rights in and to that idea, without any expectation of compensation or other benefit of any kind, and we shall exclusively own all rights in and to that idea. To the extent the foregoing assignment ever is deemed unenforceable with respect to any idea that you submit to us, you hereby grant to us an irrevocable, worldwide and perpetual license to use that idea in any and all manner, without restriction of any kind, and without any compensation or other benefit of any kind.
No Warranties: WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THIS WEBSITE; HOWEVER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OR ANY OTHER ASPECT OF ANY CONTENT OR OTHER PART OF THIS WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT OF THIS WEBSITE. THIS WEBSITE, INCLUDING ALL ITS CONTENT AND OPERATIONS, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW WE SHALL NOT BE LIABLE FOR ANY USE OF THIS WEBSITE AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE OPERATION OF ANY PART OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS, OMISSIONS OR DEFECTS IN THIS WEBSITE WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER ANY TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT DAMAGES AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THIS WEBSITE, EACH OF WHICH DAMAGES IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER EITHER OF US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are a California resident you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Indemnification: You agree to indemnify, defend and hold harmless us and our directors, officers, employees, parents, subsidiaries, affiliates, agents, contractors, representatives, licensees, successors, assigns, partners and designees from and against any and all claims, actions, losses, damages, judgments, liabilities, costs and expenses, including attorney’s fees and costs, arising from or related to any breach by you of any of these Terms and Conditions, your negligence, recklessness or willful misconduct, and/or your violation of any law, regulation or rule.
Severability: If any provision of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, the invalidity or unenforceability of that provision shall not affect any other provision of these Terms and Conditions, and the invalid or unenforceable provision shall be changed and interpreted so as to best accomplish the objectives of that provision within the limits of applicable law.
Waiver; Remedies: Our delay or failure in fully exercising any right shall not prevent our subsequent exercise of such right, and our waiver of any breach of these Terms and Conditions shall not be deemed our waiver of any subsequent breach of the same or any other provision of these Terms and Conditions. Our rights and remedies under these Terms and Conditions and any other applicable agreement between you and us shall be cumulative, and our exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Governing Law; Venue: These Terms and Conditions are governed by the law of the State of New York, notwithstanding any choice of law principle to the contrary. For any matters that are not subject to arbitration under these Terms and Conditions, and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and Conditions, you hereby consent to the exclusive jurisdiction and venue of the courts of applicable jurisdiction located in New York County, New York.
Dispute Resolution; Arbitration: YOU HEREBY WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR OTHER PROCEEDING INSTITUTED IN CONNECTION WITH THESE TERMS AND CONDITIONS OR OTHERWISE IN CONNECTION WITH THIS WEBSITE. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THIS WEBSITE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE BROUGHT AND ARBITRATED ON AN INDIVIDUAL BASIS ONLY, AND SHALL NOT BE CONSOLIDATED OR OTHERWISE COMBINED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN NEW YORK.
ANY CLAIM ASSERTED BY YOU IN CONNECTION WITH THIS WEBSITE MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU.
Questions: Should you have any questions regarding these Terms and Conditions you may contact us at [email protected]
These Terms and Conditions are effective as of and were last updated on February 4, 2018.