Terms Of Use Agreement

Last Updated: January 12th, 2016

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IT LIMITS BLACKSHORE, LLC'S LIABILITY AND YOUR REMEDIES.

CONTRACT

This is a contract between you and BLACKSHORE, LLC, a limited liability company registered in the State of Nevada, having its principal place of business located at 4387 W. Swamp Road #201, Doylestown, PA, 18902-1039. “We,” “our,” and “BLACKSHORE, LLC” means BLACKSHORE, LLC and its successors and assigns. This contract covers your use of BLACKSHORE, LLC Services (defined below).

By checking the box next to "I agree to the Terms of Use Agreement" and clicking "SUBMIT," you agree to be bound by this Terms of Use Agreement. If you do not agree to this Terms of Use Agreement, check the box next to "I do not agree to the Terms of Use Agreement" and click "SUBMIT.” Your registration will be discontinued and you will not be permitted to access or use the Services (defined below) available to Registered users (defined below). You may not use or access BLACKSHORE, LLC Services if you are under age 13. This contract limits our liability. This contract also limits your remedies. We do not provide any warranties for BLACKSHORE, LLC Services (defined below). Please read Sections 5 and 6 carefully. They contain these limitations.

DESCRIPTION OF SERVICES

BLACKSHORE, LLC operates a group of websites for internet personalities (“talent partners”) that helps talent partners share information and connect with fans. BLACKSHORE, LLC Services (defined below) are hosted in the United States.

DEFINITIONS

USER REPRESENTATIONS, WARRANTIES, AND COVENANTS

You represent, warrant, and covenant that:

WE MAKE NO WARRANTY

We provide BLACKSHORE, LLC Services "as is," "with all faults," and "as available." We give no express warranties or guarantees. To the extent permitted by law, we exclude and disclaim all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so some or all of these limitations may not apply to you.

LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

If BLACKSHORE, LLC or its talent partners should be found liable despite the terms of this Terms of Use Agreement, your exclusive remedy is to terminate this Terms of Use Agreement and to recover damages actually and directly incurred up to $100. You can only recover from BLACKSHORE, LLC and its talent partners up to a combined total of $100 and nothing more. You agree that you will not need to recover any other damages. Consequential, special, indirect, or incidental damages, including lost profits or business opportunities are hereby disclaimed by you, whether or not advised of such possibility and whether or not any limitation on any remedy included herein is deemed to fail of its essential purpose. This limitation applies to all causes of action in the aggregate, including, without limitation, to:

INDEMNIFICATION

You agree to indemnify and hold BLACKSHORE, LLC (and its officers, directors, registered users, managers, agents, affiliates, joint venturers, and employees) and its talent partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Terms of Use Agreement, or your violation of any law or regulation or the rights of a third party. This obligation will survive and continue after termination of this Terms of Use Agreement.

TERMINATION

We reserve the right, in our sole discretion, to terminate you as a Registered user, or to restrict, suspend, or terminate your access to all or any part of BLACKSHORE, LLC Services at any time, for any or no reason, without notice, and without liability, and without waiving any other rights or remedies. We may limit, suspend, or terminate any BLACKSHORE, LLC Service at any time without notice and without liability. You may initiate the termination of your Registered usership by sending an email to info@blackshore.com.

PASSWORD

When you register to become a Member, you will be asked to choose a password. You agree to keep your password confidential and not to disclose it to any third party. You agree not to use the account, username, or password of another Member at any time. You are solely responsible for any and all use of your account and the protection of the security of your password.

CONTENT LICENSES

When you provide us Content, you grant BLACKSHORE, LLC a non-exclusive, worldwide, irrevocable, fully paid and royalty-free right and license to use that Content in connection with the BLACKSHORE, LLC Services, including the right and license to reproduce and publicly display the Content and to allow access to and use of the Content by all Users. Your grant of the Content license includes the right to grant sublicenses. BLACKSHORE, LLC does not claim any ownership rights in your Content. You will continue to retain all ownership rights in your Content, and you will continue to have the right to use your Content in any way you choose.

By posting, displaying, or otherwise providing any Content on or through the BLACKSHORE, LLC Services, you are granting to BLACKSHORE, LLC and to other Users the right to use, copy, distribute, display, and modify your Content in connection with the BLACKSHORE, LLC Services. If you submit a photograph or other digital image, you waive any and all rights of privacy and publicity with respect to the images. The license you grant to BLACKSHORE, LLC is non-exclusive (meaning you are free to license your Content to anyone else in addition to BLACKSHORE, LLC), fully-paid and royalty-free (meaning that BLACKSHORE, LLC is not required to pay you for the use on the BLACKSHORE, LLC Services of your Content), sublicensable (so that BLACKSHORE, LLC is able to use its affiliates and contractors, such as Internet content delivery networks, to provide the BLACKSHORE, LLC Services), and worldwide (because the Internet and the BLACKSHORE, LLC Services are global in reach). For each submission of Content, you must have all rights necessary for you to grant the permissions in this section and your submission of Content includes a representation that you have such rights. The license granted by you under this section will terminate at the time you remove your Content from the BLACKSHORE, LLC Services.

The BLACKSHORE, LLC Services may contain proprietary information, materials, and original works of authorship owned by Blackshore, LL Cor licensed to BLACKSHORE, LLC by third parties ("BLACKSHORE, LLC Content"). BLACKSHORE, LLC grants you a limited, revocable, non-exclusive, nonsublicensable license to reproduce and display the BLACKSHORE, LLC Content (excluding any software code) solely for your personal use in connection with any authorized use of our website and accessing the BLACKSHORE, LLC Services. BLACKSHORE, LLC reserves all other rights in and to the BLACKSHORE, LLC Content. You may not modify, translate, or create derivative works of any BLACKSHORE, LLC Content and you may not publish, transmit, sell, or attempt to sell or transfer or otherwise exploit any BLACKSHORE, LLC Content. You may not alter or remove any copyright, trademark, or other proprietary rights indicators associated with BLACKSHORE, LLC Content. Copyright and other intellectual property laws and treaties protect the software and content associated with the BLACKSHORE, LLC Services. BLACKSHORE, LLC or its licensors own the title, copyright, and other intellectual property rights in all software and content other than your Content. Such software and content is licensed and not sold to you. You do not have ownership rights to any BLACKSHORE, LLC Content, software or other content made available or accessible on the BLACKSHORE, LLC Services, regardless of how such software and the BLACKSHORE, LLC Content is used or downloaded. The license granted to you under this section will terminate on the date your BLACKSHORE, LLC Membership ends.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied, posted, or otherwise used on the BLACKSHORE, LLC Services in a way that constitutes copyright infringement, please notify our Copyright Agent at the address provided below. In order for us to act promptly to remove allegedly infringing content in accordance with the Digital Millennium Copyright Act, your notice must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BLACKSHORE, LLC Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Blackshore's Copyright Agent for notice of claims of copyright infringement can be reached as follows:_________________________________________________________

INFORMATION THAT WE COLLECT ABOUT YOU

Click here to see the full text of the Privacy Policy for this website.  You agree to the terms of the Privacy Policy, which are made a part of this Agreement.

NOTIFYING BLACKSHORE, LLC

You may contact us by email in connection with any of BLACKSHORE, LLC Services by email, but this will not be legal notice. We do not accept legal notice by e-mail. Legal notices should be sent to our mailing address: BLACKSHORE, LLC 4387 W. Swamp Road #201 Doylestown, PA, 18902-1039

NOTICES FROM BLACKSHORE, LLC

We will send you certain notices in connection with BLACKSHORE, LLC Services. There may be other information regarding BLACKSHORE, LLC Services that the law requires us to send you. We may send you this information in electronic form via e-mail or online posting. You have the right to withdraw your consent to electronic notice, but if you do, we will terminate your Registered usership. We may provide required information to you: - by e-mail at the e-mail address specified when you become a Registered User; - by access to a BLACKSHORE, LLC website that will be designated in an e-mail notice sent to you at the time the information is available; or - by access to a BLACKSHORE, LLC website that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you do not consent to receive any notices electronically, you must stop using BLACKSHORE, LLC Services.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that claims for the enforcement or breach of this Terms of Use Agreement will be governed by the laws of the Commonwealth of Pennsylvania, USA without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be governed by the laws of your state or province of residence in the United States and Canada, or, if you reside outside of the United States or Canada, the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles. You consent to the exclusive jurisdiction and venue of state or federal courts in Philadelphia, Pennsylvania, USA for all disputes related to this Terms of Use Agreement or BLACKSHORE, LLC Services. You may only sue us in Philadelphia, Pennsylvania. You cannot revoke this consent.

CLAIMS MUST BE FILED WITHIN ONE YEAR

Any claim related to this Terms of Use Agreement or BLACKSHORE, LLC Services must be brought within one year. This one-year period begins on the date when the claim first could be filed. If not filed within one year, that claim is permanently barred. This applies to you and your successors and assigns.

SEVERABILITY

This Terms of Use Agreement operates to the fullest extent permissible by law. If any provision of this Terms of Use Agreement is determined to be unlawful, void, or unenforceable, that provision is deemed severable from this Terms of Use Agreement and does not affect the validity and enforceability of any remaining provisions.

ENTIRETY OF AGREEMENT

This Terms of Use Agreement and the Privacy Policy it incorporates, as modified or supplemented by BLACKSHORE, LLC from time to time, constitutes the entire agreement between you and us regarding the use of BLACKSHORE, LLC Services. Failure by BLACKSHORE, LLC to enforce any rights under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by BLACKSHORE, LLC in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances. If you do not agree to the terms of this Terms of Use Agreement, you should leave BLACKSHORE, LLC website and discontinue use of BLACKSHORE, LLC Services immediately.

CHANGES TO THIS TERMS OF USE AGREEMENT

It is your responsibility to check this webpage regularly to determine if there have been changes to this Terms of Use Agreement. If you do not agree to the changes, then you must cancel your Registered usership and stop using BLACKSHORE, LLC Services before the changes become effective. If you continue using BLACKSHORE, LLC Services, then your use of BLACKSHORE, LLC Services will continue under this Terms of Use Agreement as modified.

NOTICE FROM TALENT

BajanCanadian would like to inform you that up to ten percent of the revenues your subscription(s) or views generate for BajanCanadian dba Southpoint Management, LLC, purchases liability insurance - furthering his commitment to fan satisfaction, net safety and product integrity.

HEADINGS  

The headings of sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.