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_______________________________________________________________________________________ Blah, Blah, Blah. Look, bottom line is we care about your privacy and don't share nothin with no one. But to makes the suits happy we have to say this; Flat Black Industries Website Terms of Use and Notices Last Updated: April 8 2008 First and foremost: Flat Black Industries is a Federally Registered Trademark and protected by the U.S. government.
1. THIS IS AN AGREEMENT BETWEEN YOU AND FLAT BLACK INDUSTRIES
2. HOW FLAT BLACK INDUSTRIES MAY MODIFY THIS AGREEMENT Flat Black Industries reserves the right to change the terms, conditions, and notices under which it offers the Flat Black Industries Web Sites, including any charges associated with the use of the Flat Black Industries Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Flat Black Industries Web Site. Your continued use of the Flat Black Industries Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes. 3. ADDITIONAL TERMS Any Flat Black Industries Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Flat Black Industries Web Site, including without limitation, particular features or offers (for example, special internet only sales). If any terms contained in this Agreement conflict with any terms contained within a Flat Black Industries Web Site, then the terms in this Agreement shall control. 4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE FLAT BLACK INDUSTRIES WEB SITES The Flat Black Industries Web Sites are only for your personal use. You will not use the Flat Black Industries Web Sites for commercial purposes. You will not use the Flat Black Industries Web Sites in any way that is unlawful, or harms Flat Black Industries, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Flat Black Industries Party" and collectively, the "Flat Black Industries Parties") or any customer of a Flat Black Industries Party, as determined in Flat Black Industries sole discretion. Flat Black Industries may tell you about certain specific harmful uses in a code of conduct or other notices available through a Flat Black Industries Web Site, but has no obligation to do so. You may not use the Flat Black Industries Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Flat Black Industries Web Sites. Without limiting the generality of this section, you may not use the Flat Black Industries Web Sites in any manner that could damage, disable, overburden, or impair any Flat Black Industries Web Site (or the network(s) connected to any Flat Black Industries Web Site) or interfere with any other party's use and enjoyment of the Flat Black Industries Web Sites. 5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY Without limiting the generality of Section 4, you will not use the Flat Black Industries Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Flat Black Industries Web Sites in any way that violates the Flat Black Industries Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Flat Black Industries may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Flat Black Industries Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Flat Black Industries Web Sites even if such e-mail does not violate the Anti-Spam Policy. 6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING For materials you post or otherwise provide to Flat Black Industries related to the Flat Black Industries Web Sites (a "Submission"), you grant Flat Black Industries permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Flat Black Industries Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Flat Black Industries will not pay you for your Submission. Flat Black Industries may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Flat Black Industries may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Flat Black Industries Parties or any customer of a Flat Black Industries Party. 7. SOFTWARE Your use of any software associated with the Flat Black Industries Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Flat Black Industries grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Flat Black Industries Web Sites and in accordance with this Agreement. Flat Black Industries reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Flat Black Industries or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Flat Black Industries may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Flat Black Industries Web Sites. 8. INFORMATION AVAILABLE FROM THE FLAT BLACK INDUSTRIES WEB SITES Flat Black Industries and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Flat Black Industries Web Sites. Flat Black Industries and its suppliers do not authorize the use of information available from the Flat Black Industries for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. 9. FLAT BLACK INDUSTRIES MAKES NO WARRANTY FLAT BLACK INDUSTRIES PROVIDES THESE WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FLAT BLACK INDUSTRIES PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE FLATBLACK INDUSTRIES PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE FLAT BLACK INDUSTRIES WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. 10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY IN NO EVENT WILL ANY FLAT BLACK INDUSTRIES PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE FLAT BLACK INDUSTRIES WEB SITES, EVEN IF SUCH FLAT BLACK INDUSTRIES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE FLAT BLACK INDUSTRIES WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANYFLAT BLACK INDUSTRIES PARTY WITH RESPECT TO THIS AGREEMENT OR THE FLAT BLACK INDUSTRIES WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FLAT BLACK INDUSTRIES WEB SITES. 11. CHANGES TO THE FLAT BLACK INDUSTRIES WEB SITES; ADDITIONAL LIABILITY LIMITATION THE FLAT BLACK INDUSTRIES PARTIES MAY CHANGE THE FLAT BLACK INDUSTRIES WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Flat Black Industries Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Flat Black Industries and persons other than Flat Black Industries (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE FLAT BLACK INDUSTRIES PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT FLAT BLACK INDUSTRIES IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE FLAT BLACK INDUSTRIES WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE FLAT BLACK INDUSTRIES WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE FLAT BLACK INDUSTRIES WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE FLAT BLACK INDUSTRIES WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW. 12. TERMINATION; ACCESS RESTRICTION Flat Black Industries may terminate this Agreement, or terminate or suspend your access to the Flat Black Industries Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Flat Black Industries Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE FLAT BLACK INDUSTRIES WEB SITES MAY NOT BE RETRIEVED LATER. 13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES If this Agreement is with Flat Black Industries, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Nevada, without reference to conflict of laws principles. If this Agreement is with a Flat Black Industries affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Flat Black Industries affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Flat Black Industries Web Sites are directed. If this Agreement is with Flat Black Industries, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Clark County, Nevada, USA in all disputes arising out of or relating to the use of the Flat Black Industries Web Sites. If this Agreement is with a Flat Black Industries affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Flat Black Industries affiliate in all disputes arising out of or relating to the use of the Flat Black Industries Web Sites. 14. INTERPRETING THE AGREEMENT; ASSIGNMENT If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Flat Black Industries may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Flat Black Industries Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Flat Black Industries with respect to the Flat Black Industries Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Flat Black Industries with respect to the Flat Black Industries Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. 15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM YOU AND FLAT BLACK INDUSTRIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FLAT BLACK INDUSTRIES WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS All contents of the Flat Black Industries Web Sites are Copyright © 2007 Outlaw Ventures LLC. and/or its suppliers. All rights reserved. Flat Black Industries logo, and/or other Flat Black Industriest products and services referenced herein may also be either trademarks or registered trademarks of Flat Black Industries in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. For permission regarding any reproduction or use of image on the Flat Black Industries Web Site contact: guru at flatblackind dot com
17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement. ________________________________________________________________________________________ |
