Can be viewed
on site here https://www.blackbearddata.com/about/terms-of-use/
Terms of Service
Blackbeard Data Website Terms of Use
Last modified: March 18, 2019
Welcome.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE AS
THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS.
These terms of use constitute a legally binding agreement between you
and Blackbeard Data Services, LLC, and affiliates
(collectively, Company or “we” or “us” or “our” or other similar
pronouns). The following terms of use (together with any documents
referred to in them) (collectively, the “Terms") apply to your use of
our services, including any content, functionality and services offered
on or through our websites, and to any mobile, tablet and other smart
device applications, and application program interfaces that we may
develop from time to time (collectively, the 'Services'). Please take a
moment to familiarize yourself with our terms and conditions and let us
know if you have any questions.
Your access to and use of the Services is conditioned upon your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users, and others who wish to access or use the Services. If
you are accessing and/or using the Services on behalf of another
individual, or as a consultant or agent of a third party, you represent
and warrant that you have the authority to act on behalf of and bind
such individual or third-party principal to these Terms. IF YOU DO NOT
AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE
SERVICE.
By using our website, you signify your assent to these Terms as well as
to our Privacy Policy and any other related terms and conditions located
on our websites, all of which are incorporated herein by this
reference. These can be found at https://blackbearddata.com/about/privacy-policy
Note that these terms and conditions may change from time to time, so
please check back periodically to ensure that you are aware of any
changes. Your continued use will signify your acceptance of these
changes.
Scope of these Terms of Use
1.1 These terms and conditions apply to the website they are
posted on as well as any linked websites or materials that are under our
control.
License Granted
2.1 The Company hereby grants to you a limited, non-exclusive,
non-assignable, non-transferable, non-sublicensable and revocable
license to use the Services, including to download and use any
applications and to access and view content made available through
the Services.
2.2 Except as otherwise expressly stated, the Company or its
affiliates own all intellectual property rights to the material on our
website and reserve all intellectual property rights thereto. The
Company or its licensors own all rights, title and interest (inclusive
of all intellectual property rights) in and to the Services and any and
all software, content, methodologies, technology, designs, graphics,
illustrations, logos and marks used by us to provide the Service or in
connection therewith ('Company IP'). You do not have any rights to, and
may not, rent, lease, lend, sell, copy, transfer, reproduce, distribute,
redistribute, sublicense, display, adapt or modify the Services or any
Company IP. All rights not expressly granted to you are retained by the
Company.
Compliance and Restrictions on Use
3.1 To the extent you choose to access our Services, you do so at
your own risk. You may use the Service for lawful purposes only and only
in accordance with these Terms. You are solely responsible for
complying with any and all laws, rules, regulations and other
obligations that may apply to your use of the Service, including any and
all applicable data protection and privacy laws. Without limiting the
foregoing, you agree not to use the Services as follows:
for pornographic, indecent, obscene, defamatory or other unlawful
purposes;
to engage in any Internet activities that would violate the privacy
rights of others, including to copy, store, access or use personally
identifiable information about another registered user in a way that is
inconsistent with the Company's Privacy Policy
(https://blackbearddata.com/about/privacy-policy) or these Terms;
to engage in any other conduct that restricts or inhibits anyone's use
or enjoyment of the Services, or which, as determined by the Company in
its discretion, may harm the Company or users of the Services or expose
them to liability;
to use the Services to send harassing and/or threatening messages to
others or to abuse, stalk, threaten, defame or otherwise infringe or
violate the rights of any other person; or
to discriminate against or harass anyone on the basis of race, national
origin, religion, gender, sexual orientation, disability, medical
condition, marital status, age or gender identity, or otherwise engage
in abusive or disruptive behavior.
3.2 You agree not to misuse the Services. Your use of the Service
is subject to these Terms, including the following restrictions and
limitations. You may view, download for caching purposes, and print
pages from our website, but you agree that you shall not, without our
express written consent:
copy (except as expressly permitted by this license), decompile, reverse
engineer, disassemble, translate, attempt unauthorized access to, place
undue load on, run automated processes on, attempt to derive the source
code of, modify, or create derivative works of the Services, any
updates, or any part thereof, or any Company IP (except as and only to
the extent any foregoing restriction is prohibited by applicable law);
delete or alter any copyright, trademark or other proprietary rights
notices from copies of materials obtained from the Services;
republish, reproduce or store any portion of our website or the Services
in any form for any purpose;
copy, sell, resell, or otherwise exploit any portion of our website or
Services for a commercial purpose;
use the Services or any portion thereof for any purposes related to
marketing, or in order to build, enhance, promote, or otherwise sell a
competing offering;
interfere with or disrupt any user, host, or network forming any part of
the Service;
exploit the Services in any unauthorized way whatsoever, including but
not limited to, trespass or burdening network capacity;
knowingly submit false or misleading information through or in
connection with our Services;
use the Services or any portion thereof in any way that causes, or may
cause, damage to the Services or impairment to the availability or
accessibility of the Services; or
use the Services or any portion thereof in any way which is unlawful,
illegal, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent or harmful purpose or activity.
3.3 Any attempt to do any of the foregoing is a violation of our
rights. If you breach this restriction, you may be subject to
prosecution and damages and we may, at our sole discretion, terminate
your license and bar you from accessing the Services.
3.4 You agree to accept responsibility for any and all activities
or actions that occur under your account, name and/or password or as a
result of your use of the Services. You understand and acknowledge that
you are responsible for how you use of the Services, and you, not the
Company, have full responsibility for such use, including legality and
appropriateness, including for any information you provide (such as
personal information). You agree to notify the Company immediately upon
becoming aware of any security breaches or unauthorized use. You are
liable for any and all activities conducted through your account.
3.5 In the course of using the Services you may encounter content
that may be deemed offensive, indecent, or objectionable. You
acknowledge and agree that the Company is not in any way responsible for
any use by you of the Services, including without limitation any use in
violation of this Section 3 of these Terms, nor for any harassing,
threatening, defamatory, offensive or illegal messages or transmissions
that you may receive as a result of using our Services.
3.6 You acknowledge that the Company has no obligation to monitor
access to or use of the Services, but it has the right to do so if it
chooses in order to secure and improve the Services, for fraud
prevention, risk assessment, investigation, customer support and to
ensure compliance with these Terms, or as it otherwise sees fit. The
Company reserves the right to revoke your license and otherwise
terminate your right to use the Services at any time in its sole
discretion, for any or no reason, including, if in the Company's opinion
you have failed to comply with any provision of these Terms or for any
illegal or criminal behavior.
Privacy and Use of Data
4.1 You agree that we may collect, use and disclose personal
information, pursuant to our Privacy Policy, which is incorporated into
these terms by reference (and which can be found at
Privacy Policy
4.2 You agree that you are responsible for any and all information
you provide or input or post via the Services and you acknowledge and
agree that if you provide personal information for yourself or any third
party you are authorized to do so and accept full responsibility in
relation thereto, including without limitation with respect to the
accuracy of such information.
4.3 If you, for any reason, collect, store or process personal
information when using the Services, you must comply with all applicable
privacy and data protection laws, taking into account the nature of the
information to be processed. You agree and warrant that you are solely
responsible when using the Services for complying with applicable data
protection, security and privacy laws and regulations (including, where
applicable the Canada's Personal Information Protection and Electronic
Documents Act, EU General Data Protection Regulation ('GDPR') and
Mexico's Federal Law for Protection of Personal Data in Possession of
Private Individuals (Ley Federal de Protecci'n de Datos Personales en
Posesi'n de Particulares) (the 'Mexico Data Protection Law') and its
Regulations, including any consent and notice requirements).
4.4 You acknowledge and agree that if you act on behalf of an
entity or organization established in the EU or which does business in
the EU, then we provide you with a platform only and in relation to your
use of the Services and any collection, use or disclosure of
information by you related thereto, you, and not the Company, are a data
Controller, as such term is defined in the GDPR and you are solely
responsible to comply with any and all obligations related thereto. This
includes without limitation the collection and processing by you of any
personal data, when you use the Services or Services provided by third
parties in conjunction with your use of the Services to collect personal
information from individuals or other parties, send marketing and other
electronic communications to individuals and when using cookies and
similar technologies in conjunction with the Services.
4.5 You represent and warrant to the Company: (i) that in respect
of your use of the Services, you acknowledge and agree that you are
solely responsible for any and all compliance with the GDPR and all
applicable privacy laws; (ii) that in respect of your use of the
Services, you, and not the Company, are a Controller (as such term is
defined in the GDPR) for the information you collect and use for the
purposes of your business and/or related to your use of the Services;
and (iii) that you have conducted, and will at all times conduct, your
business and your use of the Services, in compliance with all applicable
privacy laws, including but not limited to the GDPR.
4.6 You shall defend, indemnify and hold harmless the Company and
its affiliates, officers, employees, agents, successors and assigns (a
'Company Party'), from and against any and all fines, suits, actions,
proceedings, claims, demands, debts, obligations, settlements, losses,
damages, liabilities, costs and expenses (including reasonable legal and
professional fees and costs) arising from or in any way connected to:
(i) any breach of this Section 4, including but not limited to any
failure to comply with the GDPR or other applicable privacy laws; and
(ii) any claim against Company or a Company Party by any third party to
the extent caused by, relating to or arising in connection with any act
or omission of or by you or a party related to you in the performance of
this Section 4, and/or compliance with the GDPR or other applicable
privacy laws.
Termination
5.1 The license is effective until terminated by you or us. The
Company may, at its sole discretion, terminate or suspend your license
and bar access to the Services immediately, without prior notice or
liability, for 1) a breach of these Terms, the Company's policies,
applicable laws or regulations, or third party rights; 2) if the Company
believes in good faith that such action is reasonably necessary to
protect the personal safety or property of the Company or third parties,
or for fraud prevention, risk assessment or security purposes. Upon
termination of the license, you shall cease all use of the Services and
destroy all copies, full or partial, of any Company IP.
Links to Other Websites
6.1 The Services may contain links to third party websites,
services or resources that are not owned or controlled by the Company.
These links are provided for your convenience only. No endorsement of
any third-party products, services or information is expressed or
implied by any information, material or content of any third party
contained in, referred to, included on, or linked from or to the
Services. Any information, data, opinions, recommendations, products or
services provided by such third parties through links to other websites
or otherwise made available through their websites are solely those of
such third parties and not of the Company or its affiliates. The Company
has no control over, and assumes no responsibility for the content,
privacy policies, or practices of any third-party websites or services.
The Company does not warrant the offerings of any of these
entities/individuals or their websites. 6.2 You acknowledge and
agree that the Company will not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with the use of or reliance on any such content, goods, or
services available on or through any such third-party websites or
services. The Company strongly advises you to read the terms and
conditions and privacy policies of any third-party websites or services
that you visit.
Availability, Errors, and Inaccuracies
7.1 The Company reserves the right, at its sole discretion, to
withdraw or amend the Services and any service or material it provides
in connection thereto without notice. The Company will not be liable if
for any reason all or part of the Services are unavailable at any time
or for any period of time.
7.2 Due to the nature of the Internet, the Company does not
guarantee continuous and uninterrupted availability and accessibility of
the Services. The Company may also restrict the availability of the
Services if it deems it to be necessary for any reason, in its sole
discretion, including for the security of its servers, or to carry out
maintenance of the Services. The Company reserves the right to change or
update information and to correct errors, inaccuracies, or omissions or
to improve, enhance and modify the Services and introduce new Services
from time to time, at any time, without prior notice.
General Disclaimer
8.1 The Services are provided on an 'AS IS' and 'AS AVAILABLE'
basis, without any warranty of any kind, express or implied. Without
limiting the foregoing, the Company explicitly disclaims any warranties
of merchantability, satisfactory quality, fitness for a particular
purpose, quiet enjoyment, non-infringement, and any warranties arising
out of course of dealing or usage or trade, to the fullest extent
permitted by applicable law.
8.2 The Company does not warrant that a) the Services will
function uninterrupted, secure, or available at any particular time or
location; b) any errors or defects will be corrected; c) the Services
are free of viruses or other harmful components; or d) the results of
using the Services will meet your requirements.
Limitations of Liability
9.1 The information on our website is provided free-of-charge, and
you acknowledge that it would be unreasonable to hold us liable with
respect to the website and the information contained within.
9.2 Our liability and that of our affiliates is limited and
excluded to the maximum extent permitted under applicable law.
9.3 YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED
BY LAW THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE
SERVICES REMAINS WITH YOU. NEITHER THE COMPANY NOR ITS DIRECTORS,
OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, NOR ANY
OTHER PARTY INVOLVED, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING
WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, SERVICE
INTERRUPTION, MOBILE DEVICE DAMAGE, SYSTEM FAILURE OR OTHER INTANGIBLE
LOSSES, OR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR
DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT
OF OR IN CONNECTION WITH OR RESULTING FROM (I) THESE TERMS; (II) YOUR
ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (III)
ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE WEBSITE; OR (IV) ANY
CONTENT OBTAINED FROM THE SERVICES, IN ALL CASES WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL
THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
9.4 NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THESE TERMS,
THE LIABILITY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES,
PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, AND ANY OTHER PARTY INVOLVED
SHALL NOT EXCEED, IN THE AGGREGATE, FOR ANY AND ALL CLAIMS IN CONNECTION
WITH THESE TERMS, ONE HUNDRED DOLLARS ($100).
9.5 You release the Company from any and all liability, damages or
loss, whether economic or non-economic, of any type or character,
arising out of or in connection with the Services, whether based on
warranty, contract or tort (including negligence), product liability or
any other legal theory, to the maximum extent permitted by law.
Indemnification
10.1 You agree to release, defend, indemnify and hold harmless the
Company, its affiliates and its licensees and licensors, and their
respective employees, contractors, agents, officers, directors, and
suppliers, to the greatest extent allowed by law, from and against any
and all claims, damages, obligations, losses, liabilities, judgements,
awards, costs and expenses (including but not limited to reasonable
legal fees), resulting from or arising out of (a) improper use of and
access to the Services, by you or any person using your account; (b) a
breach of these Terms and/or Company policies; (c) any claim or
allegation that your use of the Services infringes the intellectual
property or other proprietary rights of the Company or any third party;
or (d) your breach of any laws, regulations or third party rights.
User Content
11.1 With respect to any material or information that you submit on
our website, except as otherwise provided by applicable law, you grant
to us a worldwide, irrevocable, non-exclusive, royalty-free license to
use and reproduce such information.
Governing Law
12.1 These Terms will be governed and construed in accordance with
the laws of the State of California, without regard to its conflict of
law provisions.
Waiver and Severability
13.1 The Company's failure to exercise or enforce any right or
provision of these Terms will not constitute a waiver of such right or
provision. If any provision of these Terms is held to be invalid or
unenforceable by a court of competent jurisdiction, the remaining
provisions of these Terms will remain and continue in full force and
effect.
Entire Agreement
14.1 Except as they may be supplemented by additional terms and
conditions, Policies, guidelines or standards, these Terms constitute
the entire agreement between you and the Company and govern your use of
the Services, and supersede and replace any prior agreements that might
have been in place between you and the Company regarding the Services,
including but not limited to any prior versions of these Terms.
No Partnership
15.1 You agree and acknowledge that your relationship with the
Company is limited to being a user of the Services, and an independent
third-party contractor and that no joint venture, partnership,
employment or agency relationship exists between you and the Company as a
result of these Terms or your use of the Services. You act exclusively
on your own behalf and for your own benefit and not on behalf of or for
the benefit of the Company.
No Assignment
16.1 You may not assign, transfer or delegate these Terms and your
rights and obligations hereunder without the Company's written consent.
The Company may without restriction assign, transfer or delegate these
Terms and any rights and obligations hereunder at its sole discretion by
providing you with notice of the assignment.
Notices
17.1 Unless specified otherwise, any notices or communications to
registered users required under these Terms will be in writing and sent
via e-mail.
Contact Information
The full name of our company is Blackbeard Data Services, LLC and, our
address is 5114 Balcones Woods Dr, PMB 307-288, Austin TX 78759
If you have any questions, please email us at bartinfo@blackbearddata.com or
call us at 800-762-3057.