1. Your Acceptance
If you do not agree to any of these terms, then please do not use the Black Opal Website.
2. Website Access
- You may be required to register with Black Opal in order to access certain areas of the Site, for example, to purchase Black Opal products or otherwise initiate Transactions (as defined below). When creating your account, you must provide accurate and complete information. Black Opal may refuse to allow you to create an account using a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that Black Opal otherwise rejects for any other reason in its sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Black Opal Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Black Opal Website, to any third party. You are solely responsible for the activity that occurs on your account. You may never use another's account without permission. You must notify Black Opal immediately of any breach of security or unauthorized use of your account. Although Black Opal will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Black Opal or others due to such unauthorized use.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Website in a manner that sends more request messages to the Black Opal servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Black Opal grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Black Opal reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Black Opal Website with respect to their User Submissions.
3. Rules of Conduct
As a condition to your continued use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content (defined below) or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Black Opal, our affiliates, partners or licensors.
By way of example, and not limitation, you agree not to:
- Post, transmit, or otherwise make available through or in connection with your Black Opal Website:
- Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Black Opal in advance.
- Any personally identifiable information of another individual, without the prior consent of such individual.
- Any material, non-public information about a company, without the proper authorization to do so.
- Use the Black Opal Website for any fraudulent or unlawful purpose.
- Use the Black Opal Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of the Black Opal Website.
- Impersonate any person or entity, including without limitation any representative of Black Opal; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Black Opal Website; or express or imply that Black Opal endorses any statement you make.
- Interfere with or disrupt the operation of the Black Opal Website or the servers or networks used to make the Black Opal Website available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Black Opal Website (including without limitation by hacking or defacing any portion of the Black Opal Website).
- Use the Black Opal Website to advertise or offer to sell or buy any goods or services for any business purpose, without Black Opal's express prior written consent.
- Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Black Opal Website.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Black Opal Website.
- Remove any copyright, trademark or other proprietary rights notice from the Black Opal Website or materials originating from the Black Opal Website.
- Frame or mirror any part of the Black Opal Website.
- Create a database by downloading and storing Black Opal Website content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Black Opal Website content or reproduce or circumvent the navigational structure or presentation of the Black Opal Website without Black Opal's express prior written consent.
4. Intellectual Property Rights
- All information and content available on the Site and its "look and feel", except all User Submissions (as defined below), including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Black Opal, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
The reproduction and use of any of these by you is prohibited unless specific permission is provided on the Site or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.
- The trademarks, service marks, logos, and other indicia, including of Black Opal (collectively the "Trademarks") which appear on the Website are registered and unregistered trademarks of Black Opal and others. Nothing contained on the Black Opal Website should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of Black Opal or such third party as may be appropriate. All rights are expressly reserved and retained by Black Opal. Your misuse of any of the Trademarks displayed on the Black Opal Website, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Black Opal considers its intellectual property to be among its most valuable assets, and will aggressively enforce its intellectual property rights to the fullest extent of the law.
- Both the Black Opal Website and the content of the Site are provided "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Black Opal reserves all rights not expressly granted in and to the Black Opal Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Black Opal Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Black Opal Website or the Content therein. Black Opal does not make any representations or warranties, whether express or implied, regarding or relating to the Site or any associated hardware or software, including the content or operations of either.
5. User Submissions
- We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
The Black Opal Website may now or in the future permit the submission of content or communications submitted by you and/or other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Black Opal does not guarantee any confidentiality with respect to any submissions.
- You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Black Opal all of the license rights granted herein, including sampled music; (ii) publish falsehoods or misrepresentations that could damage Black Opal or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
- If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Black Opal's designated Copyright Agent to receive notifications of claimed infringement is: Randy M. Friedberg, Esq., White and Williams LLP, One Penn Plaza, 41st Floor, New York, New York, 10119; email: firstname.lastname@example.org. Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.. Black Opal suggests that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to Black Opal customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section (F), your DMCA notice may not be valid.
- You understand that when using the Black Opal Website, you may exposed to User Submissions from a variety of sources, and that Black Opal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Black Opal with respect thereto, and agree to indemnify and hold Black Opal, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
- Black Opal permits you to link to materials on the Site for personal, non-commercial purposes only. Black Opal reserves the right to discontinue any aspect of the Black Opal Website at any time, with or without notice.
6. Online Videos
We offer you the benefit of online videos on the Site. You agree to comply with all terms and conditions surrounding your use of the online videos including but not limited to all usage restrictions, e.g., limited time for viewing, no copies, and not to circumvent or attempt to circumvent security features.
7. Links to Third Party Websites
8. Sweepstakes, Contests, and Similar Promotions
Any sweepstakes, contest, or other promotion made available through the Black Opal Website will be governed by specific rules that are separate from this Agreement. In order to participate in any such sweepstakes, contest, or promotion, you will have to agree to be subject to the applicable rules. You should read the applicable rules, if any, which will be linked from the particular promotion.
9. Purchases and Other Transactions
If you wish to purchase any product or service or to make a payment to your Black Opal account through the Black Opal Website (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the Black Opal Website will be treated by Black Opal Website in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
Black Opal reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the Black Opal Website are subject to change without notice, and Black Opal shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to Black Opal's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Black Opal Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
10. Warranty Disclaimer and Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER BLACK OPAL NOR ITS PARENT OR AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE "BLACK OPAL PARTIES") WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BLACK OPAL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL BLACK OPAL, THE BLACK OPAL PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BLACK OPAL, NOR THE BLACK OPAL PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE BLACK OPAL PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, Black Opal's liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
14. California Civil Code Section 1789.3 Compliance
16. Intended For United States Residents Only.
Black Opal controls and operates the Black Opal from its offices located in the State of New York, U.S.A., and the Black Opal Website is not intended to subject Black Opal to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the Black Opal Website are presented solely for the purpose of providing services and promoting products available in the United States. Black Opal makes no representation or warranty that any Black Opal Website, in whole or in part, or any products, services, or materials made available through the Black Opal Website, are appropriate or available for use in other locations. Those who choose to access the Black Opal Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
If you have any questions regarding these Terms and Conditions, please contact us at firstname.lastname@example.org
2015 BioCosmetic Research Labs, Inc. All rights reserved. The Site is the property of BioCosmetic Research Labs, Inc. and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Site, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.