Terms of Service
When we say " BLCK VC " “we " " us " and " our " in these terms, we mean BLCK VC, its subsidiaries, its related companies, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors.
When we say “services” in these terms, we mean BLCK VC’s website and other products and services, including the BLCK VC HUB.
When we say " you " or " your " we mean you. If you’re accessing our services on behalf of a legal entity (like your employer), you agree that (i) you have the authority to bind that entity to these terms; (ii) that entity is in fact bound by these terms; and (iii) " you " and " your " will refer to that entity.
By accessing our services, you confirm that (i) you’re at least 18 years old and meet the minimum age of digital consent in your country, state, and other jurisdictions; (ii) you can form a binding contract with BLCK VC; (iii) you are not barred from using the services under all applicable laws; and (iv) you have not been permanently suspended or removed from the services. If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity or entities to these Terms.
We’re constantly working to improve our services. Accordingly, we may add or remove features, start offering new services, or stop offering old services. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. Any future release, update, or other addition to functionality of the services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the services or any part thereof
4. Your BLCK VC HUB account
You are responsible for the security of your account, and you agree to notify us immediately if you believe your account has been compromised. If you use a password, it must be strong, and we (strongly) recommend that you use that password only for your [BLCK VC HUB] account. If your account is compromised, we may not be able to restore it to you.
You are solely responsible for maintaining the accuracy of the contact information associated with your account. If you get locked out of your account, contact the CIRCLE administrative support.
You agree not to license, sell, or transfer your account without our prior written approval.
a. Your Content.
The services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the services by you or through your account (" Your Content "). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant BLCK VC the following license to use that Content:
When Your Content is created with or submitted to the services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with BLCK VC. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about BLCK VC or our services that you provide to us are entirely voluntary, and you agree that BLCK VC may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our other policies, or if you otherwise create or are likely to create liability for us.
b. BLCK VC content.
The services are owned and operated by BLCK VC. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the services (" Materials '') provided by BLCK VC are protected by intellectual property and other laws. All Materials included in the services are the property of BLCK VC or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing BLCK VC Premium or Virtual Goods. Except as expressly authorized by BLCK VC, evidenced by prior written consent, you may not make use of the Materials. BLCK VC reserves all rights to the Materials not granted expressly in these Terms.
c. Other content.
Our services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect BLCK VC’s own views. BLCK VC doesn’t endorse or verify the accuracy or reliability of content shared by the BLCK VC HUB users. We work hard to try to make the BLCK VC HUB a safe, positive, and inclusive place, including by providing and attempting to enforce the Community Guidelines, but cannot prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies by sending us an email with a screenshot of this content at Xcommunity@blckvc.org. We have the right, but not the obligation, to review such reports and block or remove content at our sole discretion.
The services may contain links to third-party websites, products, or services, which may be posted by other users (" Third-Party Content "). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
6. Restrictions on your use of our services
When using or accessing BLCK VC, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Community Guidelines, which are incorporated by this reference into, and made a part of, these Terms and contain BLCK VC’s rules about prohibited content and conduct. In addition to what is prohibited in the Community Guidelines, you may not do any of the following:
Use the services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the services;
Gain access to (or attempt to gain access to) another user’s account or any non-public portions of the services, including the computer systems or networks connected to or used together with the services;
Upload, transmit, or distribute to or through the services any viruses, worms, malicious code, or other software intended to interfere with the services, including its security-related features;
Use the services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights;
Access, search, or collect data from the services by any means (automated or otherwise) except as permitted in these Terms or by prior written consent of BLCK VC; or
Use the services in any manner that we reasonably believe to be an abuse of or fraud on BLCK VC.
We encourage you to report content or conduct that you believe violates these restrictions by sending an email with a screenshot of this content to email@example.com.
7. Copyright, Trademark, the DMCA, and Takedowns
We respect the intellectual property of others and require that users of our services do the same. We have a policy that includes the removal of any infringing material from the services and for the termination, in appropriate circumstances, of users of our services who are repeat infringers. If you believe that anything on our services infringes a copyright or a trademark that you own or control, you may notify BLCK VC by sending an email to firstname.lastname@example.org.
Please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to BLCK VC for certain costs and damages.
If we remove Your Content in response to a copyright or trademark notice, we will notify you via the contact information associated with your account. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send an email to email@example.com.
Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion, including if:
You breach these terms, any of our policies, or additional terms that apply to specific products;
We’re required to do so to comply with a legal requirement or court order;
We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties;
Your account has been inactive for more than one year; or
In our sole discretion.
We will give you advance notice if reasonable to do so or required by applicable law. You can appeal any enforcement action we take under these terms by sending us an email at Xcommunity@blckvc.org.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold BLCK VC harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
10. Disclaimers and Limitation of Liability
Nothing in these Terms will prejudice the statutory rights that you may have as a user of the services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLCK VC DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. BLCK VC DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE BLCK VC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL ANY OF THE BLCK VC ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF BLCK VC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID BLCK VC IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BLCK VC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
a. Governing Law; Arbitration.
The validity, interpretation, construction and performance of these Terms, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of New York, without giving effect to principles of conflicts of law. For purposes of any dispute that may arise directly or indirectly from these Terms, such dispute shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator selected by the parties or, if the parties cannot agree, by an arbitrator appointed by the American Arbitration Association. The arbitration shall be held in New York, New York, and the decision of the arbitrator shall be final and binding on the parties.
You or BLCK VC may still pursue claims, if they qualify, in small claims court in New York, New York, or any U.S. county where you live or work. The small claims court, and not any arbitrator or American Arbitration Association, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of a small claims court. Additionally, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of our services will not be subject to arbitration, and the informal notice required by this section won’t apply to these disputes.
b. Entire agreement.
These terms cover the entire agreement between you and BLCK VC for your use of our services.
c. Additional terms.
Where additional terms apply to our products or services, the additional terms will control with respect to your use of that product or service to the extent of any conflict with these terms.
d. Waiver, severability, and assignment.
If you fail to follow these terms and we don’t immediately act, that doesn’t mean we’re giving up any of our legal rights (such as acting in the future). If any part of these terms ends up being invalid or unenforceable based on a decision by any court or competent authority, the rest of these terms will not be affected. You may not assign these terms to anyone else without our written consent. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with our services.
Any part of these terms that by their nature should survive after termination of these terms will survive.
f. Updates to these terms.
We may decide to update these terms in our sole discretion. If these changes materially affect your use of our services or your legal rights, we’ll attempt to give you reasonable advance notice. If you continue to use our services after the changes have taken effect, it means that you agree to the changes. If you don’t agree, you must stop using our services.
12. Contacting each other
If you have any questions about these terms, please contact us at firstname.lastname@example.org. We may send you electronic communications related to our services.