TERMS & CONDITIONS

These Terms & Conditions of Service (“Terms”) form a binding agreement between you and Blackfomo.com (“our“, or “we“). By accessing or using our website (“Site“) or services (collectively, the “Services“), you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services. The “Effective Date” of these Terms is the date you first access any of the Services.

1. REGISTRATION DATA AND ELIGIBILITY

In order to access the Services, you must register with Blackfomo.com via the Site. By registering, you agree to: (a) provide accurate, current and complete information about you as may be prompted by the registration forms via the Site (“Registration Data“); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Blackfomo.com, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data, and any other information you provide to Blackfomo.com.

The Services are not intended for users who are under the age of 16. In order to create an account for the Services, you must be 16 years of age or older. If children between the ages of 16 and 18 wish to use the Services, they must be registered by their parent or guardian. By registering, you represent and warrant that you are 16 years of age or older. 

2. PRIVACY

Please see Blackfomo.com Privacy Policy for information about how Blackfomo.com collects, uses and discloses information about users of the Services.

3. USE OF THE SERVICE

Plans and Pricing

Blackfomo.com provides several plans STARTER / PLUS / UNLIMITED. Also, you may select a custom plan that accommodates your particular needs. The plan you select will be referred to as “Your Blackfomo.com Plan“.

For further details with respect to plan modifications and the related terms, please contact support@blackfomo.com.

Ownership

As between you and Blackfomo.com, and subject to the licenses granted under these Terms, you reserve all right, title and interest in and to the content, data and other materials you post and use in connection with Services and your resulting prototypes (collectively, your “Client Materials“). Blackfomo.com reserves all right, title and interest in and to the Services, including all intellectual property rights underlying and related to the Services.

License

On the condition that you comply with these Terms, Blackfomo.com grants to you a limited, non-transferable, non-exclusive license, during the term of these Terms, to access and use the Services for your internal purposes.

Restrictions

You agree that you are solely responsible for your conduct (and the conduct of anyone using your account) with respect to the Services, and you agree that you will not do or attempt to do any of the following in connection with the Services:

  • Use the Services for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity, or any activity that violates the Terms;
  • Modify, adapt or hack the Services;
  • Infringe upon or violate the rights of Blackfomo.com;
  • License, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services (or any components thereof);
  • Use the Services to store or transmit any viruses, software routines or other code designed to permit unauthorized access, to disable, erase or otherwise harm software, hardware or data, or to perform any other harmful actions;
  • Copy, frame or mirror any part or content of the Services;
  • Access the Services in order to build a competitive product or service, or copy any features or functions of the Services;
  • Interfere with or disrupt the integrity or performance of the Services;
  • Attempt to gain unauthorized access to the Services or their related systems or networks;
  • Attempt to use or access another user’s account without authorization or create a user account under false or fraudulent pretenses;
  • Use the Services to engage in any activities that may interfere with the ability of others to access or use the Services; or
  • Use the Services to transmit, send, upload, create or otherwise publish any material that contains viruses, corrupted data, or other harmful, disruptive or destructive files, or programs designed to interrupt, destroy or limit the functionality of any software or hardware.

Any use of the Services in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Services (or any portion of the Services).

Client Materials

You represent and warrant that: (a) you have all requisite rights in your Client Materials required to use your Client Materials with the Services as contemplated by these Terms; (b) none of your Client Materials infringe, violate or misappropriate any intellectual property rights, rights to privacy, rights to publicity or any other third party rights; (c) your Client Materials do not contain any material or information that is obscene, pornographic, indecent or sexually explicit; depicts graphic, excessive or gratuitous violence, derogatory, demeaning, inflammatory, malicious, defamatory, abusive, offensive or hateful, libelous, or slanderous; and (d) your Client Materials do not contain any material or information that is illegal or fraudulent or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense.

You grant Blackfomo.com a non-exclusive, royalty-free right to use, store, reproduce, store, modify and create derivative works of all of your Client Materials used by you in connection with Services solely with respect to the operation of the Services. You are solely responsible for creating backup copies of and replacing your Client Materials at your sole cost and expense.

4. FEES AND PAYMENT TERMS

Fees

In exchange for the Services, you must pay the fees associated with Your Blackfomo.com Plan (the “Subscription Fees“). 

Payment Terms

Subscription Fees are payable on a monthly or annual basis, in advance, depending upon the terms of Your Blackfomo.com Plan (the “Subscription Period“) or as otherwise agreed by Blackfomo.com or its authorized reseller.

Unless Blackfomo.com states otherwise, all payments must be made by payment card via an authorized Blackfomo.com payment processor. If you pay via a payment card, you hereby: (i) authorize Blackfomo.com (or its authorized payment processor) to make automatic recurring charges to your designated payment card number in the applicable amount of Your Blackfomo.com Plan on a monthly or yearly basis (as applicable) for the duration of the Subscription Period; (ii) represent and warrant that you are authorized to use and have fees charged to the payment card number you provide to Blackfomo.com; and (iii) understand that you may withdraw this consent by emailing Blackfomo.com at support@blackfomo.com. Cancellations will be effective immediately. No refunds will be issued.

Notwithstanding any terms to the contrary in these Terms: (a) Blackfomo.com, at its sole discretion, may modify its pricing during any Subscription Period and such modifications will be effective as of the directly subsequent Subscription Period; and (b) Blackfomo.com will not be obligated to issue any refunds for Subscription Fees paid.

You will be responsible for, and will pay all sales and similar taxes, all license fees and similar fees levied upon the provision of the Services provided under these Terms, excluding only taxes based solely on Blackfomo.com net income. You will indemnify and hold Blackfomo.com harmless from and against any and all such taxes and related amounts levied upon the provision of the Services and any costs associated with the collection or withholding thereof.

5. TERM, TERMINATION AND EFFECTS OF TERMINATION

You may terminate these Terms at any time. If Blackfomo.com reasonably believes you have breached or may breach any of the restrictions set forth above or your Subscription Fees have not been paid, Blackfomo.com may suspend or terminate your use of the Services.

Upon any termination of these Terms: (a) the parties will cooperate to effect an orderly, efficient, effective and expeditious termination of the parties’ respective activities under these Terms; (b) Blackfomo.com will have no obligation to perform any Services after the effective date of the termination; and (c) you will pay to Blackfomo.com all fees for Services performed up to the effective date of the termination. Unless expressly set forth in these Terms, the parties acknowledge and agree that no refunds will be granted.

6. DISCLAIMER

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLACKFOMO.COM EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND ANY PROTOTYPES CREATED AS A RESULT OF THE SERVICES.

7. INDEMNIFICATION

You, at your sole expense, will defend, indemnify and hold Blackfomo.com and its directors, officers, shareholders, employees, consultants, affiliates, agents, successors and assigns (collectively, “Indemnitees“) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys” fees, expert witnesses” costs and fees, costs, penalties, interest and disbursements) arising from or relating to: (a) any breach or alleged breach of these Terms (including, but not limited to, any breach or alleged breach of any representation or warranty); (b) any negligent act or willful misconduct by you; or (c) your Client Materials.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL: (A) BLACKFOMO.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BLACKFOMO.COM HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) BLACKFOMO.COM TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED USD $80.00. YOU WILL NOT BRING ANY ACTION AGAINST BLACKFOMO.COM, REGARDLESS OF FORM, ARISING OUT OF OR INCIDENTAL TO THESE TERMS, MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION FOR SUCH CLAIM HAS ACCRUED.

9. ADVERTISEMENTS AND PROMOTIONS

Blackfomo.com may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Blackfomo.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Blackfomo.com advertisers or third party information on the Site.

10. GENERAL

Entire Agreement

These Terms (together with all terms and conditions incorporated by reference) sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom.

Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws and in the courts of Blackfomo.com business address. If a party initiates any proceeding regarding these Terms, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of these Terms.

Modifications

Blackfomo.com reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Blackfomo.com) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, by posting a notice on the Site, by posting the revised Terms on the Site and revising the date at the top of these Terms or by such other form of notice as determined by Blackfomo.com. Any changes or modification will be effective 30 days after providing notice that these Terms have been modified (the “Notice Period“). Your continued use of the Services following the Notice Period will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Services.

Electronic Communications

Blackfomo.com may choose to electronically deliver all communications with you, which may include email to the email address you provide to us. Blackfomo.com’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law and any other notices. You agree to do business electronically with Blackfomo.com, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.

Severability

If any provision of these Terms is invalid, all other provisions of these Terms will nonetheless remain in full force and effect. Upon such determination that any provision is invalid, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

11. FEEDBACK

In the event you elect, in connection with your use of the Services, to communicate to Blackfomo.com suggestions for improvements to the Services (“Feedback“), Blackfomo.com will be entitled to use (or not to use) the Feedback without restriction, even if you have designated the Feedback as confidential. You acknowledge and agree that Blackfomo.com may have ideas or materials similar to the Feedback already under consideration or in development and that you are not entitled to compensation or reimbursement from Blackfomo.com of any kind in connection with the Feedback.

12. CONTACT US

If you have any questions about these Terms, please contact us at support@blackfomo.com.

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