Terms and Conditions
LAST REVISION: 31-October-2022
For the purpose of this Agreement, wherever the context so requires "You" or "User" shall mean any natural or legal person who visits our platform, either just for the purpose of browsing the Website or engages to avail the services provided by us. The term "We", "Us", "Our" shall mean BlacBoat Media Private Limited and we provide our services through our website blacboat.com.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE, BECOMING A MEMBER OR SUBSCRIBING TO SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, blacboat.com (the "Website"), BlacBoat Media Private Limited ("Business Name") offer of products/services for purchase on this Website, or your purchase of products/services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
BlacBoat Media reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. BlacBoat Media will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. BlacBoat Media encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with BlacBoat Media for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Content: BlacBoat Media does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that BlacBoat Media does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. BlacBoat Media does not endorse the contents on any such third-party websites. BlacBoat Media is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: BlacBoat Media is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from BlacBoat Media or the applicable third party (if third-party content is at issue).
II. Membership and Subscription
You are responsible for ensuring that all persons who access the Services provided by us through you are aware of these Terms and that they comply with them.
Becoming a member: Members of BlacBoat Media will receive benefits such as discount on subscriptions, community forum access to connect with other members, post messages within the forum and much more. Member will not share their login information with non-members. The Member will not hold BlacBoat Media liable for any tangible or intangible damage that might happen to them while participating in the membership. The Member agrees that BlacBoat Media cannot guarantee any results from their membership. Any negative or positive results that might occur during the membership are the result of the Member’s own personal choices.
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant BlacBoat Media a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. BlacBoat Media does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. BlacBoat Media is not liable for any damage or harm resulting from any posts by or interactions between users. BlacBoat Media reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content BlacBoat Media deems objectionable.
Provision of Subscription Services. BlacBoat Media will make the Subscription Services available to Customer pursuant to this Agreement, the Documentation, and the relevant Order Form during the Subscription Term, solely for Customer’s internal business purposes. BlacBoat Media may perform certain aspects of the Services and access Customer Data provided that we remain fully liable for same and responsible for ensuring that any of our obligations under this Agreement performed by its Affiliates. Customer's use of the Subscription Services includes the right to access all functionality available in the Subscription Services during the Subscription Term. So long as BlacBoat Media does not materially degrade the functionality, as described in the Documentation, of the Subscription Services during the applicable Subscription Term (i) BlacBoat Media may modify the systems and environment used to provide the Subscription Services to reflect changes in technology, industry practices and patterns of system use, and (ii) update the Documentation accordingly. Subsequent updates, upgrades, enhancements to the Subscription Services made generally available to all subscribing customers will be made available to Customer at no additional charge, but the purchase of Subscription Services is not contingent on the delivery of any future functionality or features. New features, functionality or enhancements to the Subscription Services may be marketed separately by BlacBoat Media and may require the payment of additional fees. BlacBoat Media will determine, in its sole discretion, whether access to such new features, functionality or enhancements will require an additional fee.
Free Trial Services. If Customer registers or accepts an invitation for Trial Services, BlacBoat Media will make such Trial Services available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer registered to use the applicable Trial Services, or (b) the end date specified in the applicable Order. Trial Services are provided for evaluation purposes and as well as production use. BlacBoat Media assumes no liability for any Customer Data that Customer may choose to upload on the Trial Services. TRIAL SERVICES ARE NOT CONSIDERED "SERVICES" HEREUNDER AND ARE PROVIDED "AS IS" WITH NO EXPRESS DELIVERY AND BLACBOAT MEDIA SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE TRIAL SERVICES. BlacBoat Media may, in its sole discretion, discontinue Trial Services at any time.
Subscription Fees: Credit card holder's account is automatically charged on the same date as the original transaction date on each corresponding month or on final date of month if no corresponding date (January 31, 2022 subscription renews on February 28, 2022). Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates. BlacBoat Media may terminate the subscription and these terms if it is unable to renew the subscription based on inaccurate or outdated credit card information. Right of access granted under these Terms is effective only upon payment of the subscription fees.
Cancelling Subscription: You can cancel your subscription from your account profile page. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation. Once you cancel your membership subscription, you will not lose access immediately. Your membership will continue through the end of your current charge cycle. For example: If your credit card is charged on the April 10th and you cancel on April 25th, you will not lose access until the May 10th.
Refunds: Subscription fees are non-refundable; except that you may cancel renewed subscription by contacting BlacBoat Media within two (5) calendar days after renewal date and receive a full refund of the new subscription fees.
III. Products and Services
Terms of Offer: This Website offers for sale certain products (the "Products") and/or services. By placing an order for Products and/or Services through this Website, you agree to the terms set forth in this Agreement.
Customer Communication: Unless you notify BlacBoat Media via email, of your desire to opt out from further direct company communications, you are agreeing to continue to receive further emails from BlacBoat Media and it’s designated in house or third-party team(s).
Opt Out Procedure: We provide easy way to opt out of from future communications. You may choose to opt out, via sending your email address to: firstname.lastname@example.org
Proprietary Rights. BlacBoat Media has proprietary rights and trade secrets in the Products and Services. You may not copy, reproduce, resell or redistribute any Product and Services manufactured and/or distributed by BlacBoat Media. BlacBoat Media also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax: If you purchase any Products and/or Services, you will be responsible for paying any applicable sales tax.
IV. Limitation of Liability
BLACBOAT MEDIA ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
BLACBOAT MEDIA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless BlacBoat Media, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to BlacBoat Media. When BlacBoat Media is threatened with suit or sued by a third-party, BlacBoat Media may seek written assurances from you concerning your promise to indemnify BlacBoat Media; your failure to provide such assurances may be considered by BlacBoat Media to be a material breach of this Agreement. BlacBoat Media will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of BlacBoat Media choice at its expense. BlacBoat Media will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend BlacBoat Media against any claim, but you must receive BlacBoat Media prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VII. Agreement to be bound
By using this Website or subscribing to Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: BlacBoat Media will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: BlacBoat Media may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and providing Services.
Entire Agreement: This Agreement comprises the entire agreement between you and BlacBoat Media and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of BlacBoat Media to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: BlacBoat Media reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and BlacBoat Media may, in its sole discretion and without advance notice to you, cancel any outstanding subscriptions for Services. If your access to the Website is terminated, BlacBoat Media reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until BlacBoat Media chooses, in its sole discretion and without advance to you, to terminate it.
BY USING THIS WEBSITE, BECOMING A MEMBER OR SUBSCRIBING TO SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.