TERMS!
2. Blackjet makes no representations or warranties about the information provided through this website, including any hypertext links to any website or other items used either directly or indirectly from this website. Blackjet makes no representation or warranty concerning the security of any data transmitted through this website, including information relating to potential employment or other matter. To the maximum extent permitted by the law, Blackjet accepts no responsibility for any loss, and shall not be liable for any damages whatsoever, including direct, indirect, special or consequential damages, which may arise from or in connection with the use or performance of this website or reliance on information contained in this website or other websites, which may be linked to this site from time to time.
Website Content
All of the materials shown on the website are the collective advertising, design, marketing and creative work of Robert Galletta and Marco Marino for the companies that they have worked for or owned in the past and their respective clients. Blackjet Inc explicitly forbids the downloading or re-purposing of any text, audio, visual, programming or design data with prior written consent from Blackjet Inc.
User Generated Content
Blackjet does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Sites is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of Blackjet. If at any time Blackjet chooses, in its sole discretion, to monitor the Forums, Blackjet nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
Blackjet makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, designs, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Websites or the Services (collectively, “Content”). Nonetheless, Blackjet reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that Blackjet shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of the Sites and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user’s personal use.
Certain portions of the Websites may offer you the ability to send (by e-mail or otherwise) messages directly to Blackjet or another user. Blackjet shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Websites. Blackjet reserves the right, but has no obligation, to monitor disputes between you and other users.
In the event a dispute arises between you and Blackjet or any third party, please e-mail the Company at hello@blackjet.ca and we will work quickly towards a resolution.
Ownership and Use of Content
As betwen you and Blackjet, all Content is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Blackjet. Please contact us at hello@blackjet.ca with any licensing inquiries.
By posting any Content on the Website, you hereby grant the Blackjet a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting Content, you represent to Blackjet that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company all rights, title and interest as set forth herein in and to such Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against Blackjet in connection with such Content.
You agree to release Blackjet, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums or the Services. If at any time you are not happy with the Websites or the Services or object to any Content, your sole remedy is to cease using them.
Advertisements and Third Party Content
From time to time, we may incorporate advertising, information, features and services provided by other users or third parties (“Third Party Content”). Third Party Content, whether provided by us or not, does not imply any endorsement, approval, or verification by us of such Third Party Content or the policies, products or services of any third party. We do not always review Third Party Content and we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Content, Blackjet is not recommending the products or services of any third party. Subject to the terms of applicable service or other agreements, we may remove any Third Party Content from the Websites or Services upon written request by its owner or licensor. Please consult any and all Terms and Conditions and Privacy Policy applicable to Third party Content prior to using it.
Limitation of use
You agree that you will neither post on the Websites nor submit to Forums any User Generated Content that:
• is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, provincial, national or international law;
• violates the copyright, trademark or other intellectual property rights of any other person or Blackjet;
• is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
• imposes an unreasonable or disproportionately large load on the Websites’ infrastructure;
• is for the purpose of spamming or aggressively promoting goods or services without our prior authorization;
• is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
• contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
• is libelous or invasive of privacy or publicity rights or any other third party rights;
Furthermore, you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Websites, including collecting user names or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by BLACKJET, the Websites, or their users; or (iii) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user.
NO LIABILITY
IN USING THE WEBSITES AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD BLACKJET OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITES, FORUMS, THE SERVICES, THE CONTENT OR YOUR USE THEREOF, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER ACTION. BLACKJET SHALL NOT BE LIABLE EVEN IF BLACKJET OR AN AUTHORIZED REPRESENTATIVE OF BLACKJET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF BLACKJET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE SITES OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO BLACKJET IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
