Terms and Conditionals

END-USER LICENSE AGREEMENT (EULA)

BLKMARKET LLC

This End-User License Agreement is a legal agreement (hereinafter referred to as “EULA”) between you, either individually or collectively on behalf of a single entity, (hereinafter referred to as “Licensee” or “you”) and BLKMARKET LLC. (hereinafter referred to as “BLKMARKET LLC”, “Company”  or “Licensor”). 

This EULA covers all web and mobile application software, product applications, application packages, source & object code, associated media, any printed materials, data, files and information, services plus any accompanying “online” or electronic documentation (hereinafter collectively referred to as the “Application”) that have been provided to you by BLKMARKET LLC’s from any of the BLKMARKET LLC’s websites/web applications (WEBSITES), the Apple App Store, the GooglePlay store or any other digital distribution service. This EULA takes precedence over any other EULA relating to BLKMARKET LLC’s products and services and/or terms embedded within the Application, unless otherwise specifically superseded in writing.

CONSENT TO BE BOUND

LICENSEE UNDERSTANDS THAT THIS EULA IS A BINDING, CONTRACTUAL AGREEMENT BETWEEN LICENSEE AND BLKMARKET LLC.  By (i.) clicking the “Accept” button while registering or checking out; (ii.) executing a written copy of this EULA; or (iii.) installing, copying or otherwise using the Application & Services, you have read, agree with and accept to be bound by the terms and conditions of this EULA, including the Privacy Policy. 

If you do not agree with any terms of this EULA, do not use the Application or services within. If you have already downloaded or installed any downloadable version of the Application, then you must delete them immediately without further use.

BLKMARKET LLC reserves the right to modify the terms, conditions and policies of this EULA from time to time and may, at any time, revoke your use of the Application if you breach any of these terms and conditions. If BLKMARKET LLC makes changes to the terms and conditions of this EULA, then you will be notified the next time you log in to use the Application. This EULA is void where prohibited by law. Unless otherwise agreed or permitted by BLKMARKET LLC in writing, you may not share the Application or transfer any application packages or other materials you receive from BLKMARKET LLC. You acknowledge that BLKMARKET LLC has no express or implied obligation to announce or make available any future versions of the Application.

Remember, if you do not agree to the terms of this Agreement, do not click on the “accept” or “ok” button and do not download or use the Application.

ACKNOWLEDGEMENTS

By accepting the EULA as described above, you: (1.) acknowledge that you have read, understand, and agree to be bound by this EULA; (2.) represent that you are of legal age to form a binding contract; and (3.) represent that you have the authority to enter into this EULA personally. Only individuals may enter into this EULA. If you do not agree to all the terms and conditions of this EULA, or if you do not have such authority, you must not accept this EULA or access, install, or use this software.

BLKMARKET LLC IS NOT A FINANCIAL COMPANY AND DOES NOT PROVIDE FINANCIAL SERVICES. THE APPLICATION IS NOT A BANKING APP, CUSTODIAL OR OTHER SERVICE.  YOUR USE OF THE APPLICATION AND YOUR CREATION AND ACCESSING OF COMMERCIAL SERVICES ON THE BLKMARKET LLC PLATFORM REQUIRES THE OPENING OF, ESTABLISHING OR MANAGING OF AN “ACCOUNT” WITH BLKMARKET LLC.

YOU MAY NOT USE THE APPLICATION FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT OR LOCAL LAWS APPLICABLE TO YOU. YOUR ACCESS TO THE APPLICATION MAY BE TERMINATED IMMEDIATELY IN THE COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

OWNERSHIP OF BLKMARKET LLC APPLICATION

Title to the Application and all copies thereof remain with BLKMARKET LLC and/or its suppliers. You agree to prevent any unauthorized copying of the Application within your control (and to report such to BLKMARKET LLC, if not in your control). Except as expressly provided herein, BLKMARKET LLC does not grant any express or implied right to you under BLKMARKET LLC patents, copyrights, trademarks or trade secret information.

The “Application” consists of: (a.) E-commerec Application for Android and iOS provided in connection with an authorized link to this Agreement, including all application, code, text, graphics, logos, layouts, designs, interfaces, and other items included in or associated with the application; and (b.) any files that are delivered to you by BLKMARKET LLC  (via online transmission, through a third party distributor, or otherwise)  to patch, update, or otherwise modify The BLKMARKET LLC App.

MODIFICATION

We reserve the right, in our sole discretion, to revise or modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the Application, and you agree to be bound by such revisions or modifications. You are responsible for reviewing this Agreement periodically. Such change will be effective 10 days following the foregoing notification and/or publishing thereof, and your continued use of the Application thereafter will constitute your acceptance of the revised Terms.

LICENSE GRANT 

Subject to your full compliance with all the terms of this Agreement, Company hereby grants you (and only you) a limited, personal, non-sublicensable, non-transferable, royalty-free, non-exclusive, revocable license to download, install and use a copy of the Software on a compatible device that you own or control, and to run such copy of the Software solely for your personal, non-commercial use.

 

You agree to use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

LICENSE RESTRICTIONS

BLKMARKET LLC has zero tolerance for objectionable content or abusive use, any such material will be promptly removed and Licensee will be banned from using the BLKMARKET LLC Platform and Services collectively.   Except as expressly provided under the previous section (License Grant), you agree not to, and shall not permit any third party to: 

sublicense, redistribute, sell, lease, lend or rent the Application;  make the Application available over a network where it could be used by multiple devices owned or operated by different people at the same time;  disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Application; copy (except for back-up purposes), modify, improve, or create derivative works of the Application or any part thereof; circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Application; 

remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Application; 

use any communications systems provided by the Application to send unauthorized and/or unsolicited commercial communications; use the BLKMARKET LLC , logo or trademarks without our prior written consent; and/or use the Application to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.

You are solely responsible for accessing or installing the BLKMARKET LLC Application. You are responsible and liable for all uses of the Application and Documentation through access thereto provided by you, directly or indirectly. Specifically, and without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to the BLKMARKET LLC Application and Documentation by your authorized users or by any other person or entity to whom you may, directly or indirectly, provide access to or use of the Application and/or Documentation, whether such access or use is permitted by or in violation of this Agreement.

You acknowledge that the BLKMARKET LLC Application may contain copyrighted software of third parties that are obtained under a license from such parties (“Third Party Software”). All third party licensors retain all right, title and interest in and to such Third Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third Party Software shall be subject to, and you shall comply with, the terms and conditions of this Agreement, and the applicable restrictions and other terms and conditions set forth in any Third Party Software documentation or printed materials, including without limitation any end user license agreement.

OWNERSHIP AND CONSENT TO COLLECTION AND USE OF DATA

Personally-identifiable Information: You own all personally-identifiable information, as well as all data tracked by the Application regarding (a.) end-customer data; (b.) inventory data; (c.) supply chain data; (d.) marketing data; (e.) sales data; and/or (f.) product data (“Tracked Data”). For greater certainty, all information that is personally identifiable to you or which cannot be separate from your personally identifiable information belongs to you and will be kept confidential in accordance with all applicable regulations related thereto. You hereby acknowledge and agree that if you choose to export your Tracked Data to a party other than yourself that: (i.) you accept all responsibility for sharing of such information; and (ii.) you hereby absolve and relieve BLKMARKET LLC of any responsibility or liability associated with maintaining privacy of the data that you exported. Anonymous Data: By accessing or installing the BLKMARKET LLC Application, you hereby grant permission to BLKMARKET LLC to collect, store, process and analyze non-personally identifiable diagnostic, technical and usage logs, systems and hardware identifiers, real-time location-based information (if available), as well as Anonymous Usage Data. You hereby grant all rights, title and interest in and to the non-personally identifiable portion of the Tracked Data to BLKMARKET LLC for whatever purposes it chooses including, without limitation, for the commercial purpose of improving BLKMARKET LLC Application, all in accordance with the confidentiality provisions contained herein and BLKMARKET LLC’ Privacy Policy. “Anonymous Usage Data” means all data collected by BLKMARKET LLC in connection with the use of the Application by you or any third party users, including (a.) the licensed or unlicensed status of the Application; (b.) the source from which the license for the Application was obtained; and (c.) information about the hardware upon which the Application is installed including: (i.) the public IP address, (ii.) the operating system, (iii.) web server version, (iv.) the use of any virtualization technologies on such server, and (v.) data utilized to prevent and combat various server attacks by hackers or their hardware, including but not limited to assaults such as spam attacks, brute force attacks, dictionary attacks, phishing, pharming, and the like. Additionally, “Anonymous Usage Data” may also include information collected by BLKMARKET LLC from time to time concerning which features of the Application are most often used in order to improve and make adjustments to the Application, including, but not limited to the number of active modules, Javascript version, mySQL version, installed Javascript extensions, installed add-on modules, template utilization, and the number of active administrators, domains, servers, and active clients.

REGISTRATION

Log-in Credentials: While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must register an account with us (an “Account”).

Account Security: You are responsible for the security of your Account and are fully responsible for all activities that occur through the use of your credentials. You agree to notify BLKMARKET LLC immediately at [email protected] if you suspect or know of any unauthorized use of your login credentials or any other breach of security with respect to your account. BLKMARKET LLC will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying BLKMARKET LLC of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites.

Accuracy of Information: When creating an Account, you will provide true, accurate, current and complete information as The Company requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account that, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of The Company, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then The Company may terminate your Account immediately without notice to you and without any liability to you or any third party.

Social Media and Networking Sites: As part of the functionality of the Licensed Application, you may login through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i.) providing your Third Party Account login information through the Licensed Application; or (ii.) allowing the Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to the Company and/or grant The Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating The Company to pay any fees or making The Company subject to any usage limitations imposed by such third party service providers. By granting The Company access to any Third Party Accounts, you understand that (i.) The Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “ SNS Content”) so that it is available on and through the Licensed Application via your Account, including without limitation any friend, contacts or following/followed lists, and (ii.) The Company may submit and receive additional information to your Third Party Account as indicated herein. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be governed by Section below of this Agreement. Depending on the Third Party Accounts, you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through the Licensed Application. Please note that if a Third Party Account or associated service becomes unavailable or The Company’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Licensed Application.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. The Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and The Company is not responsible for any SNS Content.

CONSENT TO USE INFORMATION 

You hereby authorize and consent to the collection, storage and use, by BLKMARKET LLC and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to BLKMARKET LLC and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions.

Notwithstanding the foregoing, you shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to You. The Information will be treated as being non-confidential and nonproprietary, and BLKMARKET LLC assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.

THIRD PARTY TERMS & RESTRICTIONS

If you elect to use The App on an Apple or Android device, the application is separately distributed exclusively by Apple or Google through the App Store pursuant to the Apple or Google Terms of Use. To use The App on an Apple or Android device, you must separately agree to the Apple or Android Terms of Use prior to downloading the application.  If you do not agree to these separate terms, then use of The App will not be permitted on your respective Apple or Google-supported device. At the time of download of The App from the App Stores resepectively as applicable, you will be prompted to agree to the Apple or Google Terms of Use by checking a box displayed at the end of these terms or by clicking an “Agree” or similar button where this option is provided, or you will be deemed to have accepted such terms by using The App.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by BLKMARKET LLC.

You are not authorized to use the BLKMARKET LLC trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.

The Application may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed “open source” or “publicly available” software.

Licensee and BLKMARKET LLC acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, you (and not BLKMARKET LLC) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will however, promptly notify BLKMARKET LLC in writing of such a claim.

RESTRICTIONS ON TRANSFER 

Other than explicitly permitted herein, you may not rent, lend or lease the Application If the license granted it for a single Device, you may permanently transfer all of your rights under this Agreement only as part of a sale or transfer of your Device, provided you retain no copies, you transfer all of the Application and the Documentation, and the recipient agrees to the terms of this Agreement.  If the Application is an upgrade, any transfer must include all prior versions of the application

PRIVACY POLICY

You represent that You shall comply with the terms and conditions of the BLKMARKET LLC Privacy Policy, which sets forth and describes the practices of BLKMARKET LLC with respect to the collection, use and disclosure of Information in connection with Your use of the Application. BLKMARKET LLC reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion.

BLKMARKET LLC will post any changes to its Privacy Policy at the web address set forth in the preamble to this License. Your use of the Application following the posting of such changes to the Privacy Policy will constitute Your acceptance of any such changes.

TERM AND TERMINATION OF EULA

The Term of this EULA shall commence upon registration for access to the BLKMARKET LLC and your accent to be bound, pursuant to Section herein, and shall continue until terminated by either party. BLKMARKET LLC may terminate this EULA and your use of the BLKMARKET LLC at any time for breach of any provision contained herein. Licensee may terminate this EULA at any time by terminating your subscription for the BLKMARKET LLC pursuant to the terms of the agreement governing such subscription. Upon expiration or termination of this EULA, the rights and licenses granted to you hereunder shall immediately terminate, and you shall immediately cease using the BLKMARKET LLC, and will return to BLKMARKET LLC (or, at BLKMARKET LLC’ request, destroy) any other tangible items in your possession or control that are proprietary to BLKMARKET LLC or contain Confidential Information (as defined herein). If you choose to terminate your subscription to the BLKMARKET LLC, then BLKMARKET LLC may, within a 90-day period, permanently remove all of your personally identifiable information from all of its systems in accordance with industry best practices and such information may not be recoverable. Prior to the permanent removal of your personally identifiable information, you will receive notice of the impending removal 30 days prior to removal. Prior to removal, you will have the right to export all of your personally identifiable information. All of your non-personally identifiable data and logs will be retained by BLKMARKET LLC in completely anonymized form for use by BLKMARKET LLC as it solely deems and at any time. 

 

CONFIDENTIALITY 

This Application contains trade secrets and proprietary know-how belonging to BLKMARKET LLC and it is being made available to you in strict confidence. Any use or disclosure of this program, or its algorithms, protocols, or interfaces, other than in strict accordance with this license agreement, may be actionable as a violation of BLKMARKET LLC’s trade secret rights.

 

LOCATION DATA

Certain features or functionality (“Features”) of the Application may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy. If you do not provide or make such Location Data accessible then the Features may be limited or not operate. The Application may not be available in all geographic locations.

 

SECURITY

You are completely and exclusively responsible for any and all use of The App on iOS and Android devices. We reserve the right to withdraw or disable your access to or through The App at any time, including the Vendor Services. You comprehend and agree that The App uses a data connection over your cellular carrier or the Internet to communicate with the System and provide access on your device to the System, and by using The App you agree that data connections and communications through your cellular carrier or the Internet are never completely private or secure and that you understand that any message or information you send to or receive from the System, including during provision of the Vendor Services, may be read or intercepted by others, even though BLKMARKET LLC uses industry standard practices for protecting against such reading or interception by others and even if there is a special notice that a particular transmission is encrypted.

SUPPORT

BLKMARKET LLC may not offer support for The App other than the provision of updates, patches, bug fixes and new versions via the Apple App Store, to be determined in BLKMARKET LLC’ exclusive will. Apple has any obligation to provide maintenance and support for The App. It is your obligation to ensure that you are using the latest version of The App, and BLKMARKET LLC may refuse to allow access to the System or the provision of the Vendor Services at any time for any App that is not the most current application available.

 

DISCLAIMER:

THE BLKMARKET LLC LICENSED HEREUNDER MAY CONTAIN DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BLKMARKET LLC AND/OR ACCOMPANYING MATERIALS. BLKMARKET LLC PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES IN THE SOFTWARE WILL BE CORRECTED.

 

COMPATIBILITY

 

BLKMARKET LLC does not warrant that the Application will be compatible or interoperable with Your device or any other piece of hardware, application, equipment or device installed on or used in connection with your Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, and may result in permanent the damage to Your Device, loss of the data located on Your Device, and Corruption of the application and files located on Your Device, You acknowledge and agree that we and our affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

 

NO LICENSE OR REPRESENTATION

This EULA does not require BLKMARKET LLC to disclose any Confidential Information. All Confidential Information shall remain the sole property of the party disclosing such information. No license for any trademark, patent, copyright or any other intellectual property right is either granted to you or implied by this EULA or any disclosure hereunder. All Confidential Information disclosed by BLKMARKET LLC is on an “as is” basis, and no representation, warranty or assurance is made by BLKMARKET LLC with respect to the completeness, accuracy, non-infringement of trademarks, patents, copyrights, trade secrets or any other intellectual property rights or other rights of third parties. BLKMARKET LLC will not be liable for any damages arising out of use of any Confidential Information, and the use of such Confidential Information is at the recipient’s own risk.

 

NO PARTNERSHIP

Nothing in the EULA is intended to, or shall be deemed to, establish any agency, partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

NO WARRANTIES

 

Provision of any BLKMARKET LLC under this EULA shall not create an obligation for BLKMARKET LLC to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop BLKMARKET LLC either to you or to any other party.

THE BLKMARKET LLC LICENSED HEREUNDER IS PROVIDED “AS IS” AND BLKMARKET LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE BLKMARKET LLC, ITS THIRD PARTY COMPONENTS, AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE BLKMARKET LLC, ITS THIRD PARTY COMPONENTS, AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLKMARKET LLC DOES NOT WARRANT THAT THE BLKMARKET LLC OR ITS THIRD PARTY COMPONENTS ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF THE BLKMARKET LLC, ITS THIRD PARTY COMPONENTS, OR ANY DATA ACCESSED THEREFROM IS DEFECTIVE, YOU ASSUME THE SOLE RESPONSIBILITY FOR THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF BLKMARKET LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEFECTS OR DAMAGES.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE BLKMARKET LLC, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OR THE MINIMUM ALLOWED DURATION UNDER SUCH APPLICABLE LAW.

 

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLKMARKET LLC, ITS AFFILIATES, LICENSEES, DEALERS, SUB-LICENSORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY.

 

SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLKMARKET LLC WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, BUSINESS INTERRUPTION, OR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF BLKMARKET LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

ACCESS BY MINORS

The Children’s Online Privacy and Protection Act requires that online service providers, which are consistently accessed by children under the age of 13 years old, obtain parental consent before they collect personally identifiable information online from these children. BLKMARKET LLC does not knowingly collect Personal Data from children under the age of 13, and our Software is not directed at users under the age of 13. You hereby acknowledge and agree that children under the age of 13 are prohibited from using our Software. A parent, guardian, or personal representative may use the Software on behalf of a child under the age of 13. Furthermore, you acknowledge and agree that minors between the ages of 13 and 17 may use our Software, but that a parent, guardian or personal representative must consent to this Agreement and our Privacy Policy on their behalf.

 

AUDIT

During the term of this Agreement and for a period of one year thereafter, BLKMARKET LLC may, during normal business hours and upon reasonable prior notice to End User, inspect the files, mobile processors, equipment and facilities of End User to verify End User’s compliance with this EULA.

 

INDEMNIFICATION

You shall indemnify, defend and hold harmless BLKMARKET LLC and its directors, officers, staff, employees agents, and affiliates and their respective successors, heirs and assigns and affiliates (and their its directors, officers, staff, employees and agents and their respective successors, heirs and assigns) (collectively, the “BLKMARKET LLC Parties”) from and against any liability, damage, loss or expense (including reasonable lawyers’ fees and expenses of litigation) incurred by or imposed upon the BLKMARKET LLC Parties or any one of them in connection with any claims, suits, actions, demands or judgments (“Claims”) related directly or indirectly to or arising out of a breach of your representations, warranties or obligations under this EULA; provided, however, that in any such case BLKMARKET LLC or its affiliates, as applicable, (a.) provide you with prompt notice of any such claim; (b.) permit you to assume and control the defence of such action upon your written notice to BLKMARKET LLC of your intention to indemnify; and (c.) upon your written request, and at no expense to BLKMARKET LLC or its affiliates, provide to you all available information and assistance reasonably necessary for you to defend such claim. You will not enter into any settlement or compromise of any such claim, which settlement or compromise would result in any liability to the BLKMARKET LLC Parties, without BLKMARKET LLC’s prior written consent, which will not unreasonably be withheld. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable lawyers’ fees and costs awarded against or otherwise incurred by BLKMARKET LLC or its affiliates in connection with or arising from any such claim.

 

NOTICES

All notices in connection with this Agreement shall be in writing and may be given by certified, registered, or first class mail or personally delivered at the address set forth on the front page. For purposes of this Agreement, a notice shall be deemed effective upon personal delivery to the party or if by mail five days after proper deposit in a mail box.

 

GOVERNING JURISDICTION

This EULA is governed by the laws of the United States, accepting its conflict or choice of law provisions. The parties hereby agree to irrevocably attorn to the exclusive jurisdiction of the courts of the United States. 

 

SEVERABILITY

If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.

 

WAIVER

Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

 

ASSIGNMENT

Except as permitted herein, You shall not assign this License or any rights or obligations herein without the prior written content of Company and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.

 

ENTIRE AGREEMENT

This License, including the documents incorporated hereby reference, constitutes the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understanding regarding such subject matter.

 

FORCE MAJEURE

BLKMARKET LLC will not be responsible or liable to you, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labour disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning, or Licensee equipment, loss and destruction of property, or any other circumstances or causes beyond BLKMARKET LLC’s reasonable control.

 

LANGUAGE AND COMPLIANCE

You confirm that this Agreement and all related documentation is and will be in the English language.  The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only.  You are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the BLKMARKET LLC and Documentation, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.

 

CONTACT/CORRESPONDENCE 

Should you have any questions concerning this User License Agreement, or if you desire to contact us for any reason, please direct all correspondence to:

 

BLKMARKET LLC, LLC

__________________________

__________________________

__________________________

__________________________

 

You hereby acknowledge that you have read and understood this Agreement and agree that by clicking “Accept” or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.

 

Last updated: August 2020