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incrediblack | Crowdfunding Platform
US and International Terms of Service (Excluding UK)
This Terms of Service Agreement (the "Agreement") is between you ("you") and
(together with our affiliates, service providers, and partners, "incrediblack," "we," and/or "us") and governs your use of the
.com web site and successor web site(s) (the "Site"), including the materials and information posted on it, and the functionality that permits you to make transactions, solicit funding, create an account, apply for a grant, establish campaigns, solicit funding for a campaign, or to use any other functionality offered through the website.
Acceptance of Terms and Supplementary Terms
By making a payment you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with
governing your use of the Site, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of an agency or entity, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement.
You acknowledge and agree that a printed version of this Agreement and/or any electronic communication from
shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
reserves the right to modify this Agreement from time to time in its sole discretion by posting an announcement of such changes on the Site, along with the revised Agreement marked to show the date of last revision. By continuing to use the Site after such changes are posted, you acknowledge and agree to be bound by the Agreement as modified.
Modification, Suspension, and/or Cancellation
reserves the right to modify the Site, and change, suspend, or discontinue providing all or part of the content or functionality of the Site in its sole discretion, with or without notice. You agree that
shall not be liable to you or to any third party for any such actions.
Personal Information. incrediblack
's use of personal information collected from and about you in connection with your use of the Site (e.g., as part of your Profile) is governed by our
a perpetual, irrevocable, transferable, worldwide, royalty-free license to use, reproduce and store, and subject to your privacy preferences, to display, publish, transmit and distribute such information in connection with the operation of the Site.
When you create an account or profile, submit an expression of interest, Create a Campaign, or Back a Campaign, you will be asked to provide certain personal information, such as your name and contact information, and given the opportunity to select one or more user names and passwords (collectively, your "User ID").
You acknowledge and agree that:
o You agree to provide accurate and truthful information, and to promptly update this information to reflect any changes;
o You represent that you have all rights in the information necessary to provide it to incrediblack;
o User ID is for your personal use only and may not be transferred to any third party;
o You are exclusively responsible for the security and confidentiality of your User ID and for all use of the Site that occurs in connection with your User ID, with or without your knowledge;
o You are required to completely log out of the Site at the end of each session and to notify
promptly if you learn of any unauthorized use of your User ID;
o If you are accepting this Agreement as a representative on behalf of an agency or other entity, you represent that you have the rights to submit the registration information on behalf of that agency or other entity;
will not be liable for any loss or damage arising from your failure to comply with this section; and
o Any information submitted under your User ID is subject to the "Personal Information" terms as specified in Section 4.
Profile and Forum Content.
may permit you and other users to post information on the Site, including on personal "profile pages," (each, a "Profile") and on designated areas of the Site including, for example, bulletin boards, message boards, chat rooms, forums, or in the course of participating in the collaborative creation of Site and/or Services content (each, a "Forum").
does not control or endorse, and is not responsible for user content of any kind posted by Site users (including
employees who maintain Profiles or participate in Forums). In addition,
cannot control use or misuse by others of information you post in your Profile or in a Forum. Section 10 describes the provisions of this Agreement regarding
's monitoring of content.
Accordingly, you acknowledge and agree that under no circumstances will incrediblack be liable for any loss or damage caused by (a) your reliance on user-posted Profile or Forum content; or (b) use or misuse by any Site user or third party of any user content that you post in connection with your Profile, on a Forum, or otherwise in connection with your use of the Site.
Rules of Conduct.
Your use of the Site is expressly conditioned on your responsible and lawful participation in the Site community. Accordingly, and without limiting the foregoing:
You acknowledge and agree that:
o Your use of the Site is conditioned on your compliance with this Agreement and all applicable laws, rules, and regulations, including without limitation, United States export controls, embargoes or other federal rules and regulations restricting exports.
o Any information you provide in connection with your use of the Site must be true, accurate, and complete at the time provided, and you will maintain, update, and correct such information regularly.
You agree that you will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the Site:
o Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by incrediblack in its sole discretion;
o Anything that is protected by copyright, trademark, trade secret, right of publicity, moral rights, or other proprietary right without authorization from the rights-owner;
o Any material that would give rise to criminal or civil liability; that encourages violence or other conduct that constitutes a criminal offense; or that encourages or provides instructional information about violent, offensive, or illegal activities;
o Any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that may: (a) harm incrediblack or invade, harm, disrupt or hijack the operation of the Site; (b) mislead or harm any third party; (c) monitor access to or use of the Site by others;
o Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," communication or solicitation designed or intended to obtain password, account, or private information from any user, or any other form of solicitation;
o Any "lobbying" or "electioneering" materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
You agree that you will not use the Site to:
o Engage in fraudulent or unlawful activities of any kind;
o Defame abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;
o Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or assert or imply that
or any Site user endorses any statement you make;
o Interfere with or disrupt the operation of the Site or any servers, hardware, or software used in connection with the Site;
o Transfer or copy any protected material, content or information made available through any restricted portion of the Site to any non-restricted portion of the Site or to any public forum;
o Restrict or inhibit any other person from using the Site.
You agree that you will not, without our express written consent:
o Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, or for any purposes that are competitive with
, any element of the Site, including any information or materials made available on or through the Site;
o Modify, adapt, translate, reverse engineer, decompile or disassemble any element of the Site;
o Remove any copyright, trademark or other proprietary rights notice from the Site or any materials posted on or originating from the Site;
o Frame or mirror any element of the Site;
o Systematically download Site content to create a separate database;
o Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," "harvest" or in any way gather Site content, or reproduce or circumvent its navigational structure or presentation;
o Advertise, promote, market, or offer to sell or buy any goods or services on or through the Site;
o Use the Site to solicit funding, grants, or financial assistance of any kind without an explicit invitation by the donor, or to distribute funds, seek grant proposals, or issue requests for proposals.
Grant of License to incrediblack.
You will retain ownership rights in content you post in your Profile and in other places on the Site (each, a "Submission"). Except as provided herein,
will not re-publish your Submissions outside the Site without your written consent. By posting a Submission, however, you grant
a perpetual, irrevocable, non-exclusive, transferable, royalty-free license to use, display, reproduce, distribute, modify, adapt, or sublicense such Submissions to operate the Site and to make it available to users as contemplated hereunder.
For each Submission, you represent and warrant that:
o You have all rights necessary to post such Submissions, to grant the licenses granted hereunder, and to permit
to grant the necessary licenses to other Site users in accordance with your privacy preferences; and
o Your posting of any Submission and your grant of rights in connection with any such Submission, complies with all applicable laws, rules and regulations and does not violate the rights of any third party.
Subject to your compliance with the terms and conditions of this Agreement (including, but not limited to, Section 7),
hereby grants to you a limited, non-exclusive, revocable license to access and use the Site and download and print the content and information on or made available through the Site (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other Internet, Intranet or Extranet site or incorporate the content or information in any other database or compilation. Any other use of the Site or content and information is strictly prohibited.
and its licensors reserve all rights not expressly granted in and to the Site and its content and information and all intellectual property rights therein (including the trademarks and service marks on the Site).
You acknowledge and agree that
may, in its sole discretion, but has no obligation to: (i) monitor any user-posted information or content (including Submissions); (ii) post, alter, remove, or refuse to post any user-provided content (including Submissions); and/or (iii) disclose the content of any Submission as well as any other information about such Submission or the circumstances surrounding the transmission, posting, or use of such Submission to you or any third party; in all cases as appropriate in
's sole discretion: to operate the Site; protect the rights and properties of
and third parties; to comply with legal obligations or governmental requests; to enforce this Agreement; and/or for any other legitimate reason or purpose. Without limiting the foregoing, you acknowledge and agree that
is not responsible for screening, policing, editing or monitoring any such user content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct,
may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such user content from the Site. However,
cannot ensure prompt editing or removal of questionable user content after online posting. Accordingly,
shall not assume any liability for user content or third party conduct, communication or information on the Site.
Links and Online Listings.
From time to time
may post and/or may permit you, other Site users or third parties to post on the Site (a) links to third party sites ("Links") or (b) listings regarding the availability of relevant products or services ("Listings"). Such Links and Listings are provided subject to Section 14 below, and WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that
does not control or endorse any information, products, or services made available via Links or Listings, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links or Listings, whether posted or provided by third parties or by
may remove any Links or Listings at any time for any reason or for no reason.
WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, AND YOU ACKNOWLEDGE THAT
CANNOT CONTROL WHETHER AND HOW ANY DONATIONS ARE MADE OR USED BY ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE
(AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS AND MEMBERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.]
. The Site and other information or materials made available through or used in connection with providing the Site are and shall remain the property of
and its licensors (including Site users) and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws; provided that you will retain ownership in your Submissions in accordance with Section 8. Except as expressly provided herein or permitted or otherwise authorized in advance by
in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on any element of the Site, including without limitation the Site itself or any Site content, or other materials made available through the Site.
Trade names, trademarks and service marks of
or its licensors include without limitation, incrediblack and any associated logos. All trademarks and service marks on the Site not owned by
are the property of their respective owners. The trade names, trademarks and service marks owned by
, whether registered or unregistered, may not be used by you in connection with any product or service that is not ours. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of
trade names, trademarks or service marks without our express prior written consent.
Limitations of Liability and Disclaimer of Warranties.
EXCEPT AS EXPLICITLY SET FORTH IN THE INCREDIBLACK GUARANTEE, THE SITE AND ALL INFORMATION, SERVICES, LINKS, OR OPPORTUNITIES FOR GIVING DESCRIBED AND/OR AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. INCREDIBLACK DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE; PROJECTS, FUNDRAISERS, REGISTRIES OR OTHER OPPORTUNITIES FOR GIVING DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE SITE; THE USE OF FUNDS PROMISED OR PLEDGED; AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
INCREDIBLACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY'S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF INCREDIBLACK FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS.
WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.
You agree to defend, indemnify and hold harmless
and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you or anyone using your User ID; (c) your violation of any rights of any other person or entity while using the Site; or (d) information provided under your User ID and any information that you or anyone with your password submits, posts, or transmits through the Site.
This Agreement is effective until terminated.
, in its sole discretion, may terminate your access to or use of the Site and/or Services, at any time and for any reason or no reason, including if
believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that
may immediately deactivate or delete your User ID, and all related information and files associated with such credentials including, without limitation, your Submissions, and/or bar any further access to such information or files. You agree that
shall not be liable to you or any third party for terminating this Agreement and/or terminating your access to the Site. Nor shall
have any obligation to make information or files associated with the Site available to you after any such termination.
Governing Law and Jurisdiction.
This Agreement is governed by and shall be construed in accordance with the laws of the District of Columbia, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the District of Columbia, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding this, you agree that
may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The Site is hosted and operated in, and made available from the United States.
does not represent or warrant that the Site or any element thereof is appropriate, available, or legal for use in any jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send
a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send
a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Site and/or Services Site Administrator,
, 1875 Connecticut Avenue NW, 10th Floor, Washington, DC 20009; Phone: (202) ___-____ or Fax: (202) ___-____.
18. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please send an e-mail to privacy@
.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Business Transfers. incrediblack
may sell, transfer or otherwise share some or all of its assets, including your personal information and Submissions, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and
. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and
relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and
relating to such subject matter. Notices to you may be made via posting to the Site or by e-mail in our sole discretion.
will not be responsible for failures to fulfill any obligations due to causes beyond its control.
LAST MODIFIED: SEPTEMBER 5, 2020
UK Terms of Service
These Terms of Service are applicable if you back Campaigns through incrediblack.com in Great British Pounds (GBP).
Please read these Terms of Service carefully, they contain important information about your rights and obligations. Your privacy is paramount to us. Our
shows you how we protect it.
1.3 If you do not wish to be bound by these Terms of Service then you may not use our website.
2. Nature of our website
2.1 Our website provides opportunities to fund various online business fundraising campaigns around the world ('Services'). Our website describes the Services in more detail. The website provides information about incrediblack, and the campaigns and organisations which are featured on this site.
2.2. Please note that our website is available only to individuals that can form legally binding contracts under applicable law. Although the general information on our website is suitable for users of any age, you must be over 18 years to use the Services and the payment methods displayed on our website.
3. Using the Services on our website
3.1 To use our Services you will need to follow the procedures set out on the Website.
3.2 Details of the procedures for payment and how we will process your transactions are displayed on our website.
3.3 Any times or dates stated in relation to our Services are estimates only. We will make all reasonable efforts to provide Services within the time specified, but we do not accept liability for any failure to deliver within that time.
3.4 You may pay by credit or debit card, by cheque, or bank transfer.
3.5 We try to ensure that the information on our website about campaigns, their funding goals and the amounts which they have received to date is accurate, but sometimes there may be a delay in updating this information, or funding goals for a campaign may change. On rare occasions, a campaign may become ineligible for funding from incrediblack after we have received a transaction from you but before we have transmitted the funds to your chosen campaign and we will not be able to process the transaction in accordance with your original choice on using our website. If this happens we may contact you to ask your preference for which campaign to reallocate your funds to. If we are unable to obtain instructions from you about how to process your transaction within a reasonable period of time, we reserve the right to distribute your transaction to other campaigns in our absolute discretion.
3.6 We are entitled to refuse to process any transaction placed by you. If your transaction is accepted, we will confirm acceptance to you by emailing the email address you give us when you register on our website. The transaction will then be processed by the date set out in the confirmation email.
3.7 You undertake that all details you provide to us for the purpose of using the Services offered on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover any transaction you make. We reserve the right to obtain validation of your credit or debit card details or verification of the authenticity and ownership of these payment methods before taking any other steps to process your transaction.
4.1 Once we have sent you the email confirming your transaction, it is not possible for transactions to be refunded.
4.2 We do not provide accounting, tax or financial advice and you should not rely on any information given on our website to determine the accounting, tax or financial consequences of making a transaction using our Services.
5. Changes to our website
5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, shall be subject to these terms and conditions.
5.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
6. Information you provide to us
6.2 In addition, the following terms also apply to all messages, emails, bulletin boards postings, ideas, photographs, suggestions, concepts or other material submitted by you to us ('Content'):
6.2.1 You must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, Regulations, standards and/or codes of practice;
6.2.2 You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;
6.2.3 You must ensure that the Content does not advertise or otherwise solicit for funds and is not a solicitation for goods or services (other than encouraging other users of the website to make transactions using incrediblack's Services); and
6.2.4 We have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming or uploading emails, comments and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
6.3 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you upload on our website or submit to us for publication. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
6.4 If you breach these terms and conditions then your permission to use this website terminates immediately. We retain the right to deny access to our website any person when we reasonably believe they have failed to comply with these terms and conditions.
7.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention, at firstname.lastname@example.org.
7.2 This site is as secure as we can reasonably make it using encryption technology and adopting security and anti-virus practices routinely used and adopted as a matter of good practice. However, you should understand that every internet site, and any computer that connects to the internet, as well as all internet communication, is susceptible to attack by computer hackers and viruses. We will do all we reasonably can to protect this site and all internet communications passing between us and you, but we cannot be held responsible for:
7.2.1 any losses fairly attributable to your failure to take reasonably precautions to prevent interception of or interference with any such communications (including, without limitations) failure to use and keep up to date firewalls and anti-virus software on your own computer; or
7.2.2 any losses arising from fraudulent or unauthorised use of your credit or debit card or other forms of payment. If you become aware of fraudulent use or your card, or if it is lost or stolen, you should notify your card issuer.
8. Applicability of online materials
8.1 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use.
8.2 Our website is controlled and operated by incrediblack LLC in Washington DC in the United States of America or by agents or contractors that may be appointed from time to time. incrediblack LLC manages the transaction of GBP transactions through incrediblack.com. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to products you purchase from us. You assume total responsibility and risk for your use of our website and use of all information contained within it.
8.3 We have used our best endeavours to ensure that incrediblack.com complies with US and UK laws. We make no representations that the materials on our website are appropriate or available for use in locations outside the US or UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
8.4 incrediblack makes no representations and gives no warranties, express or implied that making the Services available in any particular jurisdiction outside the US or UK is permitted under any applicable non-US or non-UK laws or Regulations. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered to you. You accept that if you are resident outside the US or UK, you must satisfy yourself that you are lawfully able to use the Services.
9. Copyright and monitoring
9.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is incrediblack LLC, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of using our Services. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, for any other purpose except where expressly permitted to do so.
10. Linked sites
10.1 incrediblack makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from incrediblack and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or webmaster.
11. Availability of our website
11.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
12.1 We promise that our Services will be provided with reasonable skill and care.
12.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our Services, our website or any information provided through our website.
12.3 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.
12.4 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. This means that we will not pay damages for any losses that are not directly associated with an incident that causes you to claim against us. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, then we do not accept any liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of incrediblack or our servants, agents or any other person or entity.
12.5 If we are liable to you for any reason, our liability will be limited to the amount of any transaction you have made using the Services. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
12.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
13.1 We may, but you may not, assign any rights and/or transfer, subcontract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
13.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You should check the terms and conditions on the website regularly.
13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
13.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
13.6 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
13.7 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
14. Complaints and reporting faults or misuse
14.1 If you have any complaints or wish to report any technical problems with our website or misuse by other users, please contact us by email at email@example.com.
15.1 All notices shall be given:
15.1.1 to us, by email at firstname.lastname@example.org; or
15.1.2 to you, to either the email or postal address you provide during any ordering process.
15.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three days after the date of posting.
16.1 These terms and conditions replace all other terms and conditions previously applicable to the use of our website.
LAST MODIFIED: SEPTEMBER 5, 2020