Terms Of Use Agreement

Last Updated: April 2, 2021

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IT LIMITS BLACKSHORE, LLC’S LIABILITY AND YOUR REMEDIES.

CONTRACT

This is a contract between you and BLACKSHORE, LLC, a limited liability company registered in the State of Nevada, having its principal place of business located at 1400 Village Square Blvd. #3-85828, Tallahassee, FL, 32312. “We,” “our,” and “BLACKSHORE, LLC” means BLACKSHORE, LLC and its successors and assigns. This contract covers your use of BLACKSHORE, LLC Services (defined below).

You agree that by registering, accessing or using our Services (as defined below), you are entering a legally binding agreement with BLACKSHORE LLC (including its subsidiaries). If you do not agree to the following terms, do not access or otherwise use any of our Services.

You may not use or access BLACKSHORE, LLC Services if you are under age 13. This contract limits our liability. This contract also limits your remedies. We do not provide any warranties for BLACKSHORE, LLC Services (defined below). Please read Sections 5 and 6 carefully. They contain these limitations.

By using or accessing the Services in any manner, you or the entity you represent (“you,” or “your”) agree that you have read and agree to be bound by this Agreement to the exclusion of all other terms. If you do not agree to all the terms and conditions of this Agreement (and third party terms, such as YouTube’s Terms of Service, where applicable), you have no right to use and should not use the Services.

DESCRIPTION OF SERVICES

BLACKSHORE, LLC operates a group of websites for internet personalities (“talent partners”) that helps talent partners share information and connect with fans. BLACKSHORE, LLC Services (defined below) are hosted in the United States.

DEFINITIONS

  • BLACKSHORE, LLC Services: The services offered by BLACKSHORE, LLC include the BLACKSHORE, LLC family of websites (“our website”) and any other features, content, or applications offered from time to time by BLACKSHORE, LLC in connection with our website (collectively, “BLACKSHORE, LLC Services”).
  • Registered user: A person, business, or entity that agrees to this Terms of Use Agreement. You may not use or access BLACKSHORE, LLC Services if you are under age 13.
  • Visitor: A person, business, or entity that visits BLACKSHORE, LLC without registering as a Registered user.
  • User: A Registered user or Visitor.
  • Content:  Any materials, information or images you submit, post, transmit, upload or otherwise share with us or other Users as a Member. 
  • Additional Terms and Conditions: This Terms of Use Agreement incorporates BLACKSHORE, LLC’s Privacy Policy . In order to access or use some of BLACKSHORE, LLC Services, you may be notified that you are required to agree to additional terms and conditions. If you participate in or use those BLACKSHORE, LLC Services, you agree to be bound by those additional terms and conditions.

USER REPRESENTATIONS, WARRANTIES, AND COVENANTS

You represent, warrant, and covenant that:

  • if you are an individual, you are 13 years of age or older; or 16 years of age or older if you live in the European Union
  • if you are a business or entity, you are a lawfully organized business or entity;
  • you will use BLACKSHORE, LLC Services only for lawful, non-commercial, non-deceptive purposes authorized by this Terms of Use Agreement; – all information you submit in your registration and afterwards is truthful and accurate;
  • if acting on behalf of a business or entity, you are the legal owner or authorized agent of the business or entity, and that you have the authority to bind the business or entity to this Terms of Use Agreement and to participate in or use BLACKSHORE, LLC Services;
  • you will update your registration information when needed to keep it accurate and current; – your use of BLACKSHORE, LLC Services will not violate any applicable law, regulation or ordinance;
  • you will not take any action or use this website in any way which might interfere with the security of this website, interfere with the accessibility of this website or any of its contents, or cause damage to this website or any of its contents; and
  • you will not modify or attempt to modify any of the contents of this website.
  • you are the owner or have the right to grant all of the rights granted to us in this Agreement, related to all content displayed on your Channels and in your Content
  • neither your Content nor your use of your Channels infringes upon the rights of any other person
  • you have not granted anyone else the right or authority to act for you in any manner that would conflict with our rights under this Agreement
  • you will not promote, either directly or indirectly, any other third party multi-channel network or content development organization
  • you have cleared all music used in connection with your Content for our use as contemplated by this Agreement

WE MAKE NO WARRANTY

We provide BLACKSHORE, LLC Services “as is,” “with all faults,” and “as available.” We give no express warranties or guarantees. To the extent permitted by law, we exclude and disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so some or all of these limitations may not apply to you.

  • Liability: We are not responsible, under any circumstances, for any loss or damage, including personal injury or death, resulting from participation in or use of BLACKSHORE, LLC Services, attendance at a BLACKSHORE, LLC event, from any content posted on or through BLACKSHORE, LLC Services, or from the conduct of any Users of BLACKSHORE, LLC Services or talent partners, whether online or offline.
  • Content: We are not responsible for the accuracy, reliability, completeness or legality of any information on this website and we assume no liability or responsibility for any errors or omissions in the contents of this website.
  • Links to Other Sites: BLACKSHORE, LLC website may contain links to other websites. We are not responsible for the content, accuracy, privacy activitesor opinions expressed, and we do not investigate, monitor or check for accuracy or completeness. Inclusion of any linked website on BLACKSHORE, LLC Services does not imply that we approve or endorse it. When you access these third-party sites, you do so at your own risk.
  • Users: We are not responsible for the conduct, whether online or offline, of any User of BLACKSHORE, LLC Services.
  • User Communications: We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of, any User communications.
  • Technical or Computer Issues: We cannot guarantee continuous or secure access to BLACKSHORE, LLC Services. Operation of BLACKSHORE, LLC website or BLACKSHORE, LLC Services may be disrupted or interfered with by numerous factors both within and outside of our control. The data stored on our servers may be corrupted, lost, or otherwise impaired. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other system due to technical problems or traffic congestion on the Internet or on any of BLACKSHORE, LLC Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with BLACKSHORE, LLC Services.
  • Use by Minors: While this Terms of Use Agreement prohibits use by minors under age 13 or under the age of 16 if resident in the EU,, we do not have the means to prevent minors from using or accessing BLACKSHORE, LLC Services without authorization. We rely on your representations, warranties, and covenants.

LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

If BLACKSHORE, LLC or its talent partners should be found liable despite the terms of this Terms of Use Agreement, your exclusive remedy is to terminate this Terms of Use Agreement and to recover damages actually and directly incurred up to $100. You can only recover from BLACKSHORE, LLC and its talent partners up to a combined total of $100 and nothing more. You agree that you will not need to recover any other damages. Consequential, special, indirect, or incidental damages, including lost profits or business opportunities are hereby disclaimed by you, whether or not advised of such possibility and whether or not any limitation on any remedy included herein is deemed to fail of its essential purpose. This limitation applies to all causes of action in the aggregate, including, without limitation, to:

  • claims for breach of contract, breach of warranty or guarantee, consumer protection, consumer fraud, unfair competition, strict liability, negligence, fraud, or other tort to the extent permitted by applicable law. – any matter related to BLACKSHORE, LLC Services;
  • any matter related to content or intellectual property (including code) on third-party websites, third-party programs or third-party conduct;
  • any matter related to viruses or other disabling features that affect your access to or use of BLACKSHORE, LLC Services;
  • any matter related to incompatibility between BLACKSHORE, LLC Services and other services, software and hardware; and
  • any matter related to delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with BLACKSHORE, LLC Services in an accurate or timely manner. It also applies even if:
    • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
    • we knew or should have known about the possibility of damages. Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations or exclusions may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold BLACKSHORE, LLC (and its officers, directors, registered users, managers, agents, affiliates, joint venturers, and employees) and its talent partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Terms of Use Agreement, or your violation of any law or regulation or the rights of a third party. This obligation will survive and continue after termination of this Terms of Use Agreement.

TERMINATION

We reserve the right, in our sole discretion, to terminate you as a Registered user, or to restrict, suspend, or terminate your access to all or any part of BLACKSHORE, LLC Services at any time, for any or no reason, without notice, and without liability, and without waiving any other rights or remedies. We may limit, suspend, or terminate any BLACKSHORE, LLC Service at any time without notice and without liability. You may initiate the termination of your Registered usership by sending an email to info@blackshore.com.

Blackshore, LLC.  Chargeback Policy

 

When a “Credit card chargeback” occurs for an automatically recurring subscription, the associated account will be locked and a chargeback fee of $25.00 will be assessed to the account. This fee is applicable both if the cardholder disputes the charge or the transaction is declined for ANY other reason such as insufficient limit.

The account will remain locked and the account holder cannot use the account until the initial chargeback and all fees have been repaid.

 

To repay a subscription chargeback and related fees:

1.            Enter your account and manually enter the billing amount as shown.

2.            For multiple chargebacks, repeat as necessary.

3.            Your account will be re-activated within 24 hours.

PASSWORD

When you register to become a Member, you will be asked to choose a password. You agree to keep your password confidential and not to disclose it to any third party. You agree not to use the account, username, or password of another Member at any time. You are solely responsible for any and all use of your account and the protection of the security of your password.

CONTENT LICENSES

When you provide us Content, you grant BLACKSHORE, LLC a non-exclusive, worldwide, irrevocable, fully paid and royalty-free right and license to use that Content in connection with the BLACKSHORE, LLC Services, including the right and license to reproduce and publicly display the Content and to allow access to and use of the Content by all Users. Your grant of the Content license includes the right to grant sublicenses. BLACKSHORE, LLC does not claim any ownership rights in your Content. You will continue to retain all ownership rights in your Content, and you will continue to have the right to use your Content in any way you choose.

By posting, displaying, or otherwise providing any Content on or through the BLACKSHORE, LLC Services, you are granting to BLACKSHORE, LLC and to other Users the right to use, copy, distribute, display, and modify your Content in connection with the BLACKSHORE, LLC Services. If you submit a photograph or other digital image, you waive any and all rights of privacy and publicity with respect to the images. The license you grant to BLACKSHORE, LLC is non-exclusive (meaning you are free to license your Content to anyone else in addition to BLACKSHORE, LLC), fully-paid and royalty-free (meaning that BLACKSHORE, LLC is not required to pay you for the use on the BLACKSHORE, LLC Services of your Content), sublicensable (so that BLACKSHORE, LLC is able to use its affiliates and contractors, such as Internet content delivery networks, to provide the BLACKSHORE, LLC Services), and worldwide (because the Internet and the BLACKSHORE, LLC Services are global in reach). For each submission of Content, you must have all rights necessary for you to grant the permissions in this section and your submission of Content includes a representation that you have such rights. The license granted by you under this section will terminate at the time you remove your Content from the BLACKSHORE, LLC Services.

The BLACKSHORE, LLC Services may contain proprietary information, materials, and original works of authorship owned by Blackshore, LL Cor licensed to BLACKSHORE, LLC by third parties (“BLACKSHORE, LLC Content”). BLACKSHORE, LLC grants you a limited, revocable, non-exclusive, nonsublicensable license to reproduce and display the BLACKSHORE, LLC Content (excluding any software code) solely for your personal use in connection with any authorized use of our website and accessing the BLACKSHORE, LLC Services. BLACKSHORE, LLC reserves all other rights in and to the BLACKSHORE, LLC Content. You may not modify, translate, or create derivative works of any BLACKSHORE, LLC Content and you may not publish, transmit, sell, or attempt to sell or transfer or otherwise exploit any BLACKSHORE, LLC Content. You may not alter or remove any copyright, trademark, or other proprietary rights indicators associated with BLACKSHORE, LLC Content. Copyright and other intellectual property laws and treaties protect the software and content associated with the BLACKSHORE, LLC Services. BLACKSHORE, LLC or its licensors own the title, copyright, and other intellectual property rights in all software and content other than your Content. Such software and content is licensed and not sold to you. You do not have ownership rights to any BLACKSHORE, LLC Content, software or other content made available or accessible on the BLACKSHORE, LLC Services, regardless of how such software and the BLACKSHORE, LLC Content is used or downloaded. The license granted to you under this section will terminate on the date your BLACKSHORE, LLC Membership ends.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied, posted, or otherwise used on the BLACKSHORE, LLC Services in a way that constitutes copyright infringement, please notify our Copyright Agent at the address provided below. In order for us to act promptly to remove allegedly infringing content in accordance with the Digital Millennium Copyright Act, your notice must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BLACKSHORE, LLC Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Blackshore’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: 75N Woodward Ave. #85828, Tallahassee, FL, 32313.

INFORMATION THAT WE COLLECT ABOUT YOU

Click here to see the full text of the Privacy Policy for this website.  You agree to the terms of the Privacy Policy, which are made a part of this Agreement.

NOTIFYING BLACKSHORE, LLC

You may contact us by email in connection with any of BLACKSHORE, LLC Services by email, but this will not be legal notice. We do not accept legal notice by e-mail. Legal notices should be sent to our mailing address: BLACKSHORE, LLC 1400 Village Square Blvd. #3-85828, Tallahassee, FL, 32312

NOTICES FROM BLACKSHORE, LLC

We will send you certain notices in connection with BLACKSHORE, LLC Services. There may be other information regarding BLACKSHORE, LLC Services that the law requires us to send you. We may send you this information in electronic form via e-mail or online posting. You have the right to withdraw your consent to electronic notice, but if you do, we will terminate your Registered usership. We may provide required information to you: – by e-mail at the e-mail address specified when you become a Registered User; – by access to a BLACKSHORE, LLC website that will be designated in an e-mail notice sent to you at the time the information is available; or – by access to a BLACKSHORE, LLC website that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you do not consent to receive any notices electronically, you must stop using BLACKSHORE, LLC Services.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that claims for the enforcement or breach of this Terms of Use Agreement will be governed by the laws of the Commonwealth of Pennsylvania, USA without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be governed by the laws of your state or province of residence in the United States and Canada, or, if you reside outside of the United States or Canada, the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles. You consent to the exclusive jurisdiction and venue of state or federal courts in Philadelphia, Pennsylvania, USA for all disputes related to this Terms of Use Agreement or BLACKSHORE, LLC Services. You may only sue us in Philadelphia, Pennsylvania. You cannot revoke this consent.

CLAIMS MUST BE FILED WITHIN ONE YEAR

Any claim related to this Terms of Use Agreement or BLACKSHORE, LLC Services must be brought within one year. This one-year period begins on the date when the claim first could be filed. If not filed within one year, that claim is permanently barred. This applies to you and your successors and assigns.

SEVERABILITY

This Terms of Use Agreement operates to the fullest extent permissible by law. If any provision of this Terms of Use Agreement is determined to be unlawful, void, or unenforceable, that provision is deemed severable from this Terms of Use Agreement and does not affect the validity and enforceability of any remaining provisions.

ENTIRETY OF AGREEMENT

This Terms of Use Agreement and the Privacy Policy it incorporates, as modified or supplemented by BLACKSHORE, LLC from time to time, constitutes the entire agreement between you and us regarding the use of BLACKSHORE, LLC Services. Failure by BLACKSHORE, LLC to enforce any rights under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by BLACKSHORE, LLC in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances. If you do not agree to the terms of this Terms of Use Agreement, you should leave BLACKSHORE, LLC website and discontinue use of BLACKSHORE, LLC Services immediately.

CHANGES TO THIS TERMS OF USE AGREEMENT

It is your responsibility to check this webpage regularly to determine if there have been changes to this Terms of Use Agreement. If you do not agree to the changes, then you must cancel your Registered usership and stop using BLACKSHORE, LLC Services before the changes become effective. If you continue using BLACKSHORE, LLC Services, then your use of BLACKSHORE, LLC Services will continue under this Terms of Use Agreement as modified.

HEADINGS  

The headings of sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.

 

 

 

 

Privacy Policy

BLACKSHORE, LLC is committed to protecting your privacy. This Privacy Policy describes how we handle your personal information collected through our website www.blackshore.com.

By using our website, you consent to the data practices described in this Privacy Policy.

You further acknowledge that the Services use the YouTube API Services and, as such, you consent to the terms of the https://policies.google.com/privacy Google Privacy policy.

USING OTHER SITES TO LOGIN TO OUR WEBSITES OR SERVICES

Some users may choose to connect to our Websites or Services using third-party account credentials (for example, your Facebook login or YouTube account). If you choose to connect your account using a third-party account, you understand some of your Information may be shared with us or the respective third-party platform. Your information may also be subject to separate policies of such third-party platform. You should review those policies before providing consent. Connecting your account to third-party applications or services is optional. You can revoke this permission anytime in your account settings. You may also revoke permission for accessing data in a YouTube account by visiting the Google security settings page at https://security.google.com/settings/security/permissions. 

Information We Collect From Everyone Who Visits Our Website

Our website automatically receives and records information on our server logs from your browser, including your IP address (which may be considered personally identifiable information in some jurisdictions) browser type, domain names, access times and referring website addresses. We use logs for a number of other reasons such as tracking how and when pages of our website are visited and by how many people. Your information is aggregated with other visitors to our website so we can analyze trends, improve our website and to gather information about our users as a group.

Like most other websites, our website uses “cookies” to help you personalize your online experience and to help us understand how our website is being used. A cookie is a small text file saved on your hard disk for record keeping purposes. Cookies cannot carry viruses or install malware. You may be able to configure your browser to manage how it deals with cookies.

We use Google® Analytics, Google AdWords Conversion Tracker, and other Google services that place cookies on your computer. These cookies help us increase our website’s effectiveness for our visitors. These cookies are set and read by Google. To opt out of Google tracking, please visit the following website: http://www.google.com/privacy_ads.html. If you are concerned about third-party cookies placed on your computer, we recommend visiting the following website: http://www.networkadvertising.org/choices/.

Information We Collect From Certain People Who Visit Our Website

When you choose to fill out forms on our website, we will collect your personally identifiable information as described below.

Information collected from those contacting us or submitting an inquiry

If you ask us to contact you by submitting a request through the website, you provide us with personally identifiable information such as your name, email address, address, phone number and comments. We will use this information to respond to your inquiry.

How We Use Your Personal Information

We may use your personally identifiable information to contact you to respond to your inquiry, conduct surveys or ask about your opinion of current services or provide information about services that may be offered to you.

We may, from time to time, contact you about a particular offering that may be of interest to you. In those cases, your personally identifiable information (name, email, address, telephone number) is not transferred to the third-party. In addition, we may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third-parties are prohibited from using your personal information except to provide these services to us, and they are required to maintain the confidentiality of your information.

We may share the personal information we collect in order to investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law. We reserve the right to disclose your personally identifiable information as required by law when we believe that disclosure is necessary to protect our rights or comply with a judicial proceeding, court order, or legal or administrative process served on us.

Except as provided in this Privacy Policy, we do not share your personally identifiable information with third-parties.

You Can Opt-Out of Receiving Certain Emails from Us

We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes. If you no longer wish to receive our newsletters or other materials, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at info@blackshore.com.

We do not provide the opportunity to opt-out of having your personally identifiable information used to send you donation receipts or notices the law requires us to send to you.

Our Facebook Page, Twitter Account and Other Third-Party Websites

We are actively involved in social media. To name a few of our social media platforms, we have a FaceBook page, Linkedin profile, a YouTube Channel and a Twitter account. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through these services, this information may be collected and used by others.

We are not responsible for the privacy statements or other content on websites outside of BLACKSHORE, LLC and BLACKSHORE, LLC family of websites. We encourage you to review the privacy statements of websites so you can understand how those websites collect, use and share your information.

How We Secure Your Personal Information

The security of your personal information is important to us. Our credit card processing system uses state of the art encryption and other security measures to protect your data. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our website, you can send email us at info@Blackshore.com.

Changes to Our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes to the website, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here.

How to Contact Us

We welcome your comments regarding this Privacy Policy. If you believe that BLACKSHORE, LLC has not adhered to this Privacy Policy, please contact us at info@blackshore.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.