Terms of Use
Please read these Terms of Use carefully before accessing or using this website (the “Site”).
Acceptance of Terms
By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that Blacksands, Inc. (“Blacksands, Inc.”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
Blacksands, Inc. may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
Intellectual Property; Limited License to Users
1. All images and other content on this Site (collectively the “Content”), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, “Intellectual Property Laws”). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein or in the Subscriber Terms of Service, Blacksands, Inc. does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any or the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.
Blacksands, Inc. Trademarks
2. For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Blacksands, Inc..
3. Nothing contained herein grants or shall be construed to grant you any rights to use any Blacksands, Inc. Trademark, unless expressly conferred by these Terms of Use.
4. You agree that you will not use Blacksands, Inc.’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Blacksands, Inc..
5. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Blacksands, Inc. Trademarks or the Trademark rights claimed by Blacksands, Inc..
6. You agree that you will not use any Blacksands, Inc. Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
7. You may not at any time, adopt or use, without Blacksands, Inc.’s prior written consent any word or mark which is similar to or likely to be confused with Blacksands, Inc.’s Trademarks.
8. The look and feel of the Blacksands, Inc. website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Blacksands, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written consent of Blacksands, Inc..
9. All other trademarks, product names, and company names or logos used or appearing on the Blacksands, Inc. website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Blacksands, Inc., unless expressly so stated.
10. You may not use a Blacksands, Inc. trademark, logo, Image or other proprietary graphic of Blacksands, Inc. to link to the Blacksands, Inc. website without the prior written consent of Blacksands, Inc..
11. You may not frame or hotlink to the Blacksands, Inc. website or any Content without the prior written consent of Blacksands, Inc..
Infringement Claims
12. If you believe that any Content or other material made available by Blacksands, Inc. infringes upon any copyright that you own or control, you may notify Blacksands, Inc. through our website.
Limitations
13. You agree that you shall not:
a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Blacksands, Inc. or any third party.
b. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
c. Violate the rights of Blacksands, Inc. or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Use of Content
14.Certain Content will only be made available to users who pay Blacksands, Inc. a fee for such Content and/or enter into a subscription agreement or other use agreement for that particular Content. Unless you enter into a subscription agreement with Blacksands, Inc. you may not download, distribute, display and/or copy any Content.
15. You may not remove any watermarks or copyright notices contained in the Content.
16 Blacksands, Inc. reserves the right to revoke this license at any time for any reason.
Restriction and Termination of Use
17. Blacksands, Inc. may block, restrict, disable, suspend or terminate access to all or part of the Site and Content at any time in Blacksands, Inc.’s discretion, without prior notice or liability to you.
Links to Third Party Sites, Products, and Services
18. IN THE EVENT THAT BLACKSANDS, INC.BLACKSANDS, INC. PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE TO THE BLACKSANDS, INC. WEBSITE, YOU SHOULD BE AWARE THAT BLACKSANDS, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF BLACKSANDS, INC., AND BLACKSANDS, INC. PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY BLACKSANDS, INC.
THE BLACKSANDS WEBSITE MAY CONTAIN MENTION OF THIRD-PARTY PRODUCTS OR SERVICES FOR INFORMATIONAL PURPOSES. BLACKSANDS, INC. MAKES NO RECOMMENDATIONS OR ENDORSEMENTS ABOUT THIRD-PARTY PRDOUCTS AND SERVICES. REFERENCES TO THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED BY BLACKSANDS, INC. ‘AS IS’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Warranties and Disclaimers
19. THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY BLACKSANDS, INC. UNDER THESE TERMS OF USE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BLACKSANDS, INC. MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED; (iii) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
Indemnification
20. You agree to defend, indemnify and hold harmless Blacksands, Inc., its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Blacksands, Inc. website, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Blacksands, Inc. content, or your violation of any rights of another.
Governing Law and Jurisdiction
21. This agreement is governed by and shall be construed in accordance with the laws of the State of Delaware. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.