20th November 2021
ACCEPTANCE OF TERMS
a) his Agreement, which incorporates by reference other provisions applicable to use of www.theblackscript.com, including, but not limited to, supplemental terms and conditions set forth herof (“Supplemental terms”) governing the use of certain specific material contained in www.theblackscript.com by the user. By using The BlackScript (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.theblackscript.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of
b) The BlackScript shall have the right at any time to change or discontinue any aspect or feature of www.theblackscript.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
The BlackScript shall have the right at any time to change or modify the terms and conditions applicable to User's use of www.theblackscript.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.theblackscript.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.theblackscript.com, by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, www.theblackscript.com provides User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.theblackscript.com and all charges related thereto.
5. USER CONDUCT
User shall use www.theblackscript.com for lawful purposes only. User shall not post or transmit through www.theblackscript.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The BlackScript's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in The BlackScript's discretion restricts or inhibits any other User from using or enjoying www.theblackscript.com will not be permitted. User shall not use www.theblackscript.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with The BlackScript.
a) www.theblackscript.com 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 www.theblackscript.com are copyrighted as a collective work under the United Kingdom copyright laws. The BlackScript owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. 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. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of The BlackScript and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
b) User shall not upload, post or otherwise make available on www.theblackscript.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.theblackscript.com, User automatically grants, or warrants that the owner of such material has expressly granted The BlackScript the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants The BlackScript the right to edit, copy, publish and distribute any material made available on www.theblackscript.com by User.
c) The foregoing provisions of Section 5 are for the benefit of The BlackScript, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
The BlackScript has no obligation to monitor the Communication Services. However, The BlackScript reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The BlackScript reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The BlackScript reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The BlackScript’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. The BlackScript does not control or endorse the content, messages or information found in any Communication Services and, therefore, The BlackScript specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized The BlackScript spokespersons, and their views do not necessarily reflect those of The BlackScript.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing The BlackScript with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a username. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify The BlackScript immediately of any unauthorized use of User’s account or any other breach of security. The BlackScript will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by The BlackScript or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
8. MEMBERSHIP TERMS OF SERVICE
a) Fees: Subscription fees for The BlackScript Members Services are recurring payments (except where identified as otherwise). The term may be monthly or annual, as described in the course the of transaction. Your subscription begins upon payment of a first instalment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)
b) Payment: The BlackScript accepts payment via the current payment method indicated at time of purchase, which may include credit card, Apple Pay, Stripe and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with The BlackScript, Apple, Stripe, Google, PayPal or another third party, that governs your use of a given payment processing method. Prices for Member Services may change at any time, and The BlackScript does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Member Services that you order (except during a free trial period). The BlackScript will charge your credit card or other form of payment for the price listed on the relevant Member Services offer, along with any additional amounts relating to applicable taxes, VAT bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that The BlackScript will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, The BlackScript reserves the right to immediately revoke your access to any Member Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, solely at the discretion of The BlackScript, The BlackScript may cancel your subscription.
c) Taxes: If The BlackScript is required to collect or pay any taxes in connection with your purchase of Member Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Member Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
d) Cancellations and Refunds: You can cancel your Member Services at any time. If you purchase a subscription to Member Services that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by The BlackScript You will retain access to the Member Services from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and non-refundable, unless otherwise determined by The BlackScript. If The BlackScript reasonably determines that a user has violated these Membership Terms of Services, The BlackScript may immediately terminate the subscription and the user’s access to Member Services without notice and without refund. Refund requests should be directed to email@example.com.
e) Free Trials: The BlackScript may offer free trials to new Member Service subscribers. If you initiate a subscription to Member Services through a free trial offer, you will receive free access to such Member Services for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
f) License: Your use of the Member Services must be only for personal, non-commercial use. You agree not to use any Member Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to access the Member Services and all rights, title and interest in the Member Services (including any content offered through the Member Services) not expressly granted to you in these Terms are reserved by The BlackScript and its licensors. If The BlackScript reasonably determines that you violated any part of the Membership Terms of Service, your rights under this Section will immediately terminate and The BlackScript may terminate your access to the Member Services and/or your account on www.theblackscript.com without notice and without refund to you.
g) Restrictions: When you use the Member Services, you may not (or attempt to):
use any part of the Member Services in an illegal manner or for an illegal purpose;
share your account password on www.theblackscript.com with someone else to allow them to access any part of the Member Services that such person did not order;
copy, sell, rent, or sublicense the Member Services to any third party;
circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that The BlackScript or any third-party uses to protect the Member Services or encourage or help anyone else to do so;
access the Member Service other than by means authorized by The BlackScript; or
remove any legal notices or labels on Member Services;
present any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Member Services or content available within the Member Services.
h) Changes or Discontinuation of Member Services: The BlackScript reserves the right to change the availability of Member Services. In addition, we reserve the right to modify, suspend, or discontinue any Member Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination.
i) Removal or Unavailability of Content: In certain cases, content available within a Member Service may become unavailable due to restrictions from our licensors or other legal or policy reasons. The BlackScript will have no liability to you for any such unavailability.
j) We may change these Terms of Service from time to time so we encourage you to periodically review the most up-to-date version at www.theblackscript.com. If you refuse to accept the updated Membership Terms of Service then The BlackScript reserves its right to discontinue your use of www.theblackscript.com.
l) Gift Memberships: “Gift Memberships” are pre-paid memberships to The BlackScript Member Services, active upon redemption, and subject to these Membership Terms of Service. Each Recipient must agree to these Membership Terms of Service upon redemption of their Gift Membership. The entire purchase price for the Gift Membership is due at the time of purchase. Payment of the purchase price may be made by any method of payment accepted by The BlackScript at time of purchase. By purchasing a Gift Membership, the Purchaser authorizes The BlackScript to charge the purchase price to the payment method provided. The purchase of a Gift Membership will result in the generation of a unique code (“Access Code”) that will allow Recipient to receive The BlackScript Member Services. The BlackScript is not responsible and assumes no liability for non-delivery of a Gift Membership email due to an invalid email address, spam filters, or any other reason. The Purchaser is solely responsible for ensuring the Access Code is received by the Recipient. The Purchaser is not entitled to a refund or credit for Gift Memberships that are not registered. The Purchaser may not transfer a single Gift Membership to more than one Recipient. The BlackScript is not responsible if the Access Code is lost, stolen, or used without permission. Recipients may begin to use their valid Gift Memberships at any time by using the Access Code. Once entered, the Access Code will be void and cannot be used again. In order to use the Gift Membership, Recipients must have an account at www.theblackscript.com or create one (which includes supplying an email address to The BlackScript). Gift Memberships begin available on the date of activation and shall expire one year later. For a Recipient who has an existing membership at www.theblackscript.com, they must first cancel their existing membership with The BlackScript by emailing a cancellation request to firstname.lastname@example.org, and then use the Access Code to activate a new membership at The BlackScript (www.theblackscript.com). Refunds for any unused portion of an existing Membership may be issued at The BlackScript’s sole discretion. Recipient may cancel their Gift Membership at any time following registration. There is no refund or credit for partially used periods. Gift Memberships may not be redeemed or refunded for cash or combined with any other promotional offers or incentives.
m) Other Terms: You acknowledge and agree that certain content available in the Member Services may be considered offensive to some people and that such content may not be labelled as such. Additionally, certain descriptions of Member Services or content available in the Member Services are not guaranteed to be accurate. You agree to use the Member Services at your own risk and, subject to applicable laws, The BlackScript will have no liability to you for any content that you find offensive. The Member Services are being provided by The BlackScript. You can reach us by email at: email@example.com. If you have questions or feedback about Member Services, please send it to the email address above. You agree that you are solely responsible for (and that The BlackScript has no responsibility to you for) your use of any Member Service, any breach of your obligations under the Membership Terms of Service, and for the consequences (including loss or damage of any kind which The BlackScript may suffer) of any such breach. You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to The BlackScript. You acknowledge that your online acceptance of these or any other terms constitute a binding agreement between you and The BlackScript and signify your intent to be bound to such online acceptances. Subject to applicable laws, in no event will The BlackScript’s liability for any and all causes of action brought by you or any agent of yours arising from or related to the services exceed the payments actually received and retained by The BlackScript from you for the Member Services.
n) Unless not permitted by applicable law, you acknowledge and agree that that these Membership Terms of Service, your transaction for the Member Services, and your relationship with The BlackScript under these Membership Terms of Service shall be governed by the laws of the United Kingdom, without respect to its conflict of laws principles, and any claim or dispute that arises in whole or in part from your use of The BlackScript Services, including the Member Services, will be decided exclusively by a court of competent jurisdiction located in the United Kingdom.
9. ONLINE PROGRAMMES – RULES FOR USERS PROVIDING CONTENT FOR AN ONLINE PROGRAM, BLOG POST, CLASS, COMPETITION OR CHALLENGE ON WWW.THEBLACKSCRIPT.COM
When you submit content to be published on www.theblackscript.com as part of a blog post, online programme, challenge or competition, you agree to the following rules:
You will not refuse enrolments or participation by any student for any discriminatory or other illegal reason.
You grant us the right to place advertisements on your content at our sole discretion.
Any content you submit to www.theblackscript.com will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
You represent and warrant to The BlackScript that you are qualified to provide the content that you list with The BlackScript, if qualification evidence is requested, and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
You understand that, if you provide content for the reading or use of other users, these users will have the ability to post a review of this content. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
You may request that The BlackScript removes content from your class and but we will continue to have the right to use that content and to provide it to students who have paid for or enrolled in your class.
You grant us full ownership of any video content that you have provided to us. It is at our sole discretion to remove, add, or edit that video content.
The BlackScript reserves the right to, but is under no obligation, to delete the listing of any blog post, online programme/challenge/competition/class at any time and for any reason.
You will not make amendments to the times and dates scheduled by The BlackScript.
You will not use the video conferencing account provided via firstname.lastname@example.org for anything other than to conduct the session agreed.
You will not distribute the link for a class, appointment or course conducted by video conferencing, to people outside of The BlackScript members who have enrolled for the session.
10. ONLINE PROGRAMMES- RULES FOR CONSUMERS OF AN ONLINE PROGRAM, BLOG POST, CLASS, COMPETITION OR CHALLENGE ON WWW.THEBLACKSCRIPT.COM
You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to enroll in or access an online programme, competition or challenge.
You will follow all reasonable rules set by The BlackScript or the content provider with respect to an online programme, and you will not take any actions to interfere with the online programme.
You may access the content for your information and personal use only.
You will not copy any materials or techniques for purposes of your own or others’ online programmes, challenges, competitions or for interfering with any online programme, class, challenge or competition or The BlackScript or content provider’s ongoing relationship with any users participating in such class.
The BlackScript reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.
11. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of The BlackScript and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, THE BLACKSCRIPT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
FOR YOUR CONVENIENCE, THE BLACKSCRIPT MAY MAKE AVAILABLE, AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. THE BLACKSCRIPT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
12. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THEBLACKSCRIPT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE BLACKSCRIPT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE BLACKSCRIPT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE BLACKSCRIPT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
13. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE SITE
IN NO EVENT SHALL THE BLACKSCRIPT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
14. MATERIALS PROVIDED TO THE BLACKSCRIPT OR POSTED AT ANY OF ITS WEBSITES
The BlackScript does not claim ownership of the materials User provide to The BlackScript (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting The BlackScript its affiliated companies and necessary sub-licensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all The BlackScript Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
15. DISCLAIMER OF WARRANT; LIMITATION OF LIABILITY
a. USER EXPRESSLY AGREES THAT USE OF www.theblackscript,com IS AT USER'S SOLE RISK. NEITHER THE BLACKSCRIPT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT www.theblackscript.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF www.theblackscript.com OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH www.theblackscript.com.
b. www.theblackscript.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
c. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT THE BLACKSCRIPT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
d. IN NO EVENT WILL THE BLACKSCRIPT OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING www.theblackscript.com OR THE BLACKSCRIPT SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE www.theblackscript.com USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
e. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, THE BLACKSCRIPT NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN www.theblackscript.com OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
f. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATION TO VERIFY PRICING OR OTHER INFORMATION. THE BLACKSCRIPT, ITS AFFILIATES NFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER THE BLACKSCRIPT NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINEDFROM THE USE OF THE INFORMATION.
g. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
16. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE THE BLACKSCRIPT'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE BLACKSCRIPT AND THEBLACKSCRIPT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE BLACKSCRIPT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE BLACKSCRIPT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE BLACKSCRIPT OF THE SITE.
The BlackScript is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, The BlackScript has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of www.theblackscript.com are those of the respective author(s) or distributor(s) and not of The BlackScript. Neither The BlackScript nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through www.theblackscript.com represents the opinions and judgments of the respective information provider, User or other user not under contract with The BlackScript. The BlackScript neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.theblackscript.com by anyone other than authorised The BlackScript employee spokespersons while acting in their official capacities. Under no circumstances will The BlackScript be liable for any loss or damage caused by a User’s reliance on information obtained through www.theblackscript.com. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through The BlackScript. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
17. UNSOLICITED IDEA SUBMISSION POLICY
THE BLACKSCRIPT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN THE BLACKSCRIPT’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO THE BLACKSCRIPT SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO THE BLACKSCRIPT OR ANYONE AT THE BLACKSCRIPT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT THE BLACKSCRIPT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
The BlackScript shall have the right, but not the obligation, to monitor the content of www.theblackscript.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by The BlackScript and to satisfy any law, regulation or authorized government request. The BlackScript shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on The BlackScript. Without limiting the foregoing, The BlackScript shall have the right to remove any material that The BlackScript, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless The BlackScript, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of The BlackScript by User or User's Account.
Either The BlackScript or User may terminate this Agreement at any time. Without limiting the foregoing, The BlackScript shall have the right to immediately terminate User's Account in the event of any conduct by User which The BlackScript, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for www.theblackscript.com established by The BlackScript constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the United Kingdom without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
22. COPYRIGHT NOTICE
The BlackScript its logos are trademarks of The BlackScript. All rights reserved. All other trademarks appearing on The BlackScript are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.