TERMS AND CONDITIONS: INTRODUCTION
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BLACK WEBSITE AND ANY RELATED WEBSITES (collectively, the Website). By using the Website you are agreeing to these Terms and Conditions.
BLACK uses third party providers to obtain the contents and services it makes available, or may in the future make available, through the Website (collectively, the Content), and endeavours to obtain accurate and timely Content. However, by accessing or using the Website, you assume the risk that the Content may be delayed, incomplete, inaccurate, out of date or may not meet your needs and requirements. Further, BLACK may, at any moment, add, revise, remove or amend any of the Content without prior notice to you and without liability. BLACK assumes no obligation to update or revise the Content. Neither BLACK nor any of its third party providers shall have any responsibility to maintain the Content or to supply any corrections, updates, or releases in connection therewith. Availability of the Content is subject to change without notice.
Grant of Licence
You are granted a limited, revocable, non-transferable, non-exclusive license to use the Website on a mobile device or computer that you own or control. BLACK can terminate this license at any time and with or without any reason. The Website is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense the Website. You agree that BLACK and its third party providers retain all right, title and interest in and to the Website including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the Website or any part of it. You may not use the Website for any purpose that is illegal, fraudulent or infringes another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by BLACK upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the Website store provider, your mobile device provider or your wireless services carrier) relating to your use of the Website.
BLACK and its third party providers own all right, title and interest in and to the Website, including, without limitation, all Content (such as design, logos, button icons, images, digital downloads, data, text and graphics). All Content is protected by copyright, trade-mark and other intellectual property laws. Any unauthorized use of the Content is strictly prohibited.
BLACK may make public information and public content available through the Website. BLACK cannot guarantee the exactness, accuracy or exhaustiveness of the information or other Content made available through the Website and makes no warranty or condition whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Website.
The Personal Information BLACK collects from the Website is stored on a highly secure server, and BLACK uses encryption and secure server technology where appropriate. Physical access to the servers on which BLACK stores any personal information is restricted. However, as effective as modern security practices are, no physical or electronic security system is impenetrable. BLACK cannot guarantee the security of its database, nor can BLACK guarantee that the information you supply will not be intercepted while being transmitted over the Internet.
The Website may, from time to time, provide links to websites or other Internet sources. BLACK is providing such links solely as a convenience to you. Accordingly, BLACK makes no representations concerning the content of any site. The fact that BLACK has provided a link to a site does not constitute an endorsement, authorization, sponsorship, or affiliation by BLACK with respect to a site, its owners, or its providers. BLACK does not verify these sites and external sources and BLACK cannot be held responsible for the availability of these sites and external sources, nor can BLACK be held responsible in any way for the content, advertising, products, services, or any other materials available on or from these sites or external sources. Moreover, BLACK may not be held responsible for any losses or damages arising out of the use of these sites or external sources or that are related to you having trusted the content, goods or services available on these sites or sources.
No Warranties Or Conditions
THE WEBSITE, THE CONTENT, THE SERVICES PROVIDED BY BLACK OR THIRD PARTIES (SERVICES), AND ALL E-MAILS AND OTHER COMUNICATIONS SENT BY BLACK (MESSAGES) ARE PROVIDED TO YOU STRICTLY AS IS/AS AVAILABLE WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING INFRINGEMENT OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
BLACK MAKES NO WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, SERVICES, CONTENT OR MESSAGES OR THEIR USE OR THE RESULTS OF THEIR USE, INCLUDING WITH RESPECT TO THEIR SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINES OR CONTINUED AVAILABILITY. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. BLACK DOES NOT WARRANT THAT THE WEBSITE, CONTENT, SERVICES OR MESSAGES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS THEREIN WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVERS THAT MAKE THE WEBSITE AND/OR THE CONTENT AVAILABLE, OR THE MESSAGES ARE OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
BLACK MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER CONTENT OR IN THE MESSAGES. THE WEBSITE, CONTENT, SERVICES AND MESSAGES MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY OF THE FOREGOING IS AT YOUR SOLE RISK
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations and Exclusions of Liability
BLACK IS NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR DAMAGES OR LOSSES OF ANY KIND (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE) REGARDLESS OF HOW SUCH CLAIM MAY BE BASED (WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE), RESULTING FROM OR ARISING OUT OF THE WEBSITE (INCLUDING ITS SOFTWARE), THE CONTENT, THE SERVICES PROVIDED BY BLACK OR THIRD PARTIES, OR THE MESSAGES, OR THE USE OF OR INABILITY TO ANY OF THE FOREGOING, INCLUDING ANY FAILURES, DEFECTS, ERRORS, OMISSIONS, INACCURACIES OR INCOMPLETENESS THEREIN, REGARDLESS OF WHETHER BLACK HAS BEEN ADVISED OF ANY POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLACK SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE INTENDED TO PROVIDE ACCESS TO THE WEBSITE, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN BLACK AND YOU, REGARDLESS OF WHETHER THE CONNECTION OR COMMUNICATION SERVICE IS PROVIDED BY BLACK OR A THIRD PARTY SERVICE PROVIDER. BLACK SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE PERFORMANCE OF THE WEBSITE (INCLUDING ITS SOFTWARE), THE CONTENT, THE SERVICES PROVIDED BY BLACK OR THIRD PARTIES, OR THE MESSAGES, OR THE DELIVERY OF THE DATA AND OTHER CONTENT MADE AVAILABLE THROUGH THE WEBSITE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF ANY SERVICE OR FOR ANY FAILURE OR DELAY IN THE EXECUTION OF ANY TRANSACTIONS THROUGH THE WEBSITE. BLACK WILL HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY BLACK OR THIRD PARTIES WITH RESPECT TO THE USE OF THE WEBSITE OR TO TAKE ANY ACTION IN CONNECTION THEREWITH.
The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s'y rattachant, y compris tous avis, annexes et autorisations s'y rattachant, soient rédigés en langue anglaise seulement.
By downloading, accessing or using the Website you represent and warrant that you are able to do so in full compliance with the laws of Canada and your resident country, if different. If you access the Website from other locations, you do so without the permission of BLACK and you are solely responsible for compliance with any laws having jurisdiction over you and your access. You may not download, access or use the Website or export the Content in violation of Canadian export laws and regulations.
e-mail to email@example.com or telephone (416) 979-0159
or by writing to: BLACK, 100 510 Front St. West, Toronto, ON CANADA M5V 3H3
Last updated September 19, 2017.