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Terms and Conditions - Black Box Creative Inc.

Terms and Conditions

Agreement between user and www.blackboxcreative.com

Welcome to www.blackboxcreative.com. The www.blackboxcreative.com website (the “Site”) is

comprised of various web pages operated by Black Box Creative Inc. (“Black Box Creative”).

www.blackboxcreative.com is offered to you conditioned on your acceptance without

modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of

www.blackboxcreative.com constitutes your agreement to all such Terms. Please read these terms

carefully, and keep a copy of them for your reference.

www.blackboxcreative.com is a E-commerce Site

To sale and advertise Black Box Creative products and services.

Privacy

Your use of www.blackboxcreative.com is subject to Black Box Creative’s Privacy Policy. Please

review our Privacy Policy, which also governs the Site and informs users of our data collection

practices.

Electronic Communications

Visiting www.blackboxcreative.com or sending emails to Black Box Creative constitutes

electronic communications. You consent to receive electronic communications and you agree that

all agreements, notices, disclosures and other communications that we provide to you

electronically, via email and on the Site, satisfy any legal requirement that such communications be

in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and

password and for restricting access to your computer, and you agree to accept responsibility for

all activities that occur under your account or password. You may not assign or otherwise transfer

your account to any other person or entity. You acknowledge that Black Box Creative is not

responsible for third party access to your account that results from theft or misappropriation of

your account. Black Box Creative and its associates reserve the right to refuse or cancel service,

terminate accounts, or remove or edit content in our sole discretion.

Black Box Creative does not knowingly collect, either online or offline, personal information from

persons under the age of thirteen. If you are under 18, you may use www.blackboxcreative.com

only with permission of a parent or guardian.

Links to third party sites/Third party services

www.blackboxcreative.com may contain links to other websites (“Linked Sites”). The Linked

Sites are not under the control of Black Box Creative and Black Box Creative is not responsible

for the contents of any Linked Site, including without limitation any link contained in a Linked Site,

or any changes or updates to a Linked Site. Black Box Creative is providing these links to you

only as a convenience, and the inclusion of any link does not imply endorsement by Black Box

Creative of the site or any association with its operators.

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Certain services made available via www.blackboxcreative.com are delivered by third party sites

and organizations. By using any product, service or functionality originating from the

www.blackboxcreative.com domain, you hereby acknowledge and consent that Black Box

Creative may share such information and data with any third party with whom Black Box Creative

has a contractual relationship to provide the requested product, service or functionality on behalf of

www.blackboxcreative.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

www.blackboxcreative.com strictly in accordance with these terms of use. As a condition of your

use of the Site, you warrant to Black Box Creative that you will not use the Site for any purpose

that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could

damage, disable, overburden, or impair the Site or interfere with any other party’s use and

enjoyment of the Site. You may not obtain or attempt to obtain any materials or information

through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of Black Box Creative or

its suppliers and protected by copyright and other laws that protect intellectual property and

proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,

legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Black Box Creative content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of Black Box Creative and the copyright owner. You agree that you do not acquire any

ownership rights in any protected content. We do not grant you any licenses, express or implied,

to the intellectual property of Black Box Creative or our licensors except as expressly authorized

by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities,

personal web pages, calendars, and/or other message or communication facilities designed to

enable you to communicate with the public at large or with a group (collectively, “Communication

Services”), you agree to use the Communication Services only to post, send and receive messages

and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service,

you will not: 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, infringing, obscene, indecent or unlawful topic, name, material

or information; upload files that contain software or other material protected by intellectual

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property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or

have received all necessary consents; upload files that contain viruses, corrupted files, or any other

similar software or programs that may damage the operation of another’s computer; advertise or

offer to sell or buy any goods or services for any business purpose, unless such Communication

Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes

or chain letters; download any file posted by another user of a Communication Service that you

know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete

any 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 e-mail addresses, without their consent;

violate any applicable laws or regulations.

Black Box Creative has no obligation to monitor the Communication Services. However, Black

Box Creative reserves the right to review materials posted to a Communication Service and to

remove any materials in its sole discretion. Black Box Creative reserves the right to terminate your

access to any or all of the Communication Services at any time without notice for any reason

whatsoever.

Black Box Creative reserves the right at all times to disclose any information as 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 Black Box Creative’s sole

discretion.

Always use caution when giving out any personally identifying information about yourself or your

children in any Communication Service. Black Box Creative does not control or endorse the

content, messages or information found in any Communication Service and, therefore, Black Box

Creative specifically disclaims any liability with regard to the Communication Services and any

actions resulting from your participation in any Communication Service. Managers and hosts are

not authorized Black Box Creative spokespersons, and their views do not necessarily reflect those

of Black Box Creative.

Materials uploaded to a Communication Service may be subject to posted limitations on usage,

reproduction and/or dissemination. You are responsible for adhering to such limitations if you

upload the materials.

Materials provided to www.blackboxcreative.com or posted on any Black Box Creative

web page

Black Box Creative does not claim ownership of the materials you provide to

www.blackboxcreative.com (including feedback and suggestions) or post, upload, input or submit

to any Black Box Creative Site or our associated services (collectively “Submissions”). However,

by posting, uploading, inputting, providing or submitting your Submission you are granting Black

Box Creative, our affiliated companies and necessary sublicensees permission to use your

Submission in connection with the operation of their Internet businesses including, without

limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,

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edit, translate and reformat your Submission; and to publish your name in connection with your

Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.

Black Box Creative is under no obligation to post or use any Submission you may provide and

may remove any Submission at any time in Black Box Creative’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and

represent that you own or otherwise control all of the rights to your Submission as described in this

section including, without limitation, all the rights necessary for you to provide, post, upload, input

or submit the Submissions.

International Users

The Service is controlled, operated and administered by Black Box Creative from our offices

within the USA. If you access the Service from a location outside the USA, you are responsible

for compliance with all local laws. You agree that you will not use the Black Box Creative Content

accessed through www.blackboxcreative.com in any country or in any manner prohibited by any

applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Black Box Creative, its officers, directors,

employees, agents and third parties, for any losses, costs, liabilities and expenses (including

reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or

services, any user postings made by you, your violation of any terms of this Agreement or your

violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Black Box Creative reserves the right, at its own cost, to assume the exclusive defense and control

of any matter otherwise subject to indemnification by you, in which event you will fully cooperate

with Black Box Creative in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. BLACK BOX CREATIVE INC. AND/OR ITS SUPPLIERS

MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BLACK BOX CREATIVE INC. AND/OR ITS SUPPLIERS MAKE NO

REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY

PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL

SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF

ANY KIND. BLACK BOX CREATIVE INC. AND/OR ITS SUPPLIERS HEREBY

DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,

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INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL BLACK BOX CREATIVE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY

DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF

OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,

WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE

PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS

OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF

THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT

LIABILITY OR OTHERWISE, EVEN IF BLACK BOX CREATIVE INC. OR ANY OF ITS

SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,

THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED

WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,

YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Black Box Creative reserves the right, in its sole discretion, to terminate your access to the Site

and the related services or any portion thereof at any time, without notice. To the maximum extent

permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby

consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or

relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give

effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and Black Box Creative as a result of this agreement or use of the Site. Black Box Creative’s

performance of this agreement is subject to existing laws and legal process, and nothing contained

in this agreement is in derogation of Black Box Creative’s right to comply with governmental, court

and law enforcement requests or requirements relating to your use of the Site or information

provided to or gathered by Black Box Creative with respect to such use. If any part of this

agreement is determined to be invalid or unenforceable pursuant to applicable law including, but

not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or

unenforceable provision will be deemed superseded by a valid, enforceable provision that most

closely matches the intent of the original provision and the remainder of the agreement shall

continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and Black Box Creative with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and Black

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Box Creative with respect to the Site. A printed version of this agreement and of any notice given

in electronic form shall be admissible in judicial or administrative proceedings based upon or

relating to this agreement to the same extent an d subject to the same conditions as other business

documents and records originally generated and maintained in printed form. It is the express wish

to the parties that this agreement and all related documents be written in English.

Changes to Terms

Black Box Creative reserves the right, in its sole discretion, to change the Terms under which

www.blackboxcreative.com is offered. The most current version of the Terms will supersede all

previous versions. Black Box Creative encourages you to periodically review the Terms to stay

informed of our updates.

Contact Us

Black Box Creative welcomes your questions or comments regarding the Terms:

Black Box Creative Inc.

432 E. 46th Place Unit 2

Chicago, Illinois 60653

Email Address:

info@blackboxcreative.com

Telephone number:

312-772-2269

Effective as of January 01, 2013

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