Black Card Company Terms of Use

  1. Accepting These Terms

This document and any other documents that we reference below make up our Terms of Use (or Terms for short), of the Black Card Company (or BCC for short).

This contract sets out your rights and responsibilities when you use BCC, so please read it carefully. By using BCC, which includes browsing the website blackcardcompany.com, you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use BCC. The Terms also includes our Privacy Policy

Your Account with Black Card Company

  1. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use BCC or the Services. You are responsible for all account activity conducted by a minor on your account.
  2. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
  3. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms of Use.
  4. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
  5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
  6. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and BCC.
  7. Your Content. Content that you post using The Black Card Company is your content (referred to as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, usernames, etc.).
  8. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
  1. Permission to Use Your Content. By posting Your Content through our Services, you grant BCC a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help BCC function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it.
  2. Rights You Grant BCC. By posting Your Content, you grant BCC a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote BCC, your BCC shop, or the Services in general, in any formats and through any channels, including across any BCC Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

These rights granted are necessary for us to keep BCC going. Consider these examples: if you upload a photo or video of a listing on your BCC shop, we have permission to display it to buyers, if you post a beautiful photo or video of your latest card or gift, we can feature it on the website or on social media to help promote both your business and BCC.

  1. Reporting Unauthorised Content. BCC has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please email BCC at hello@blackcardcompany.com.

If Your Content is found to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We will notify you if any of that happens.

  1. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on BCC’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
  2. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

  1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, national, and international laws that may apply to you. For example, it is your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against BCC, another BCC user, or a third party.
  2. Follow Our Trademark Policy. The name “Black Card Company” and the BCC logo, are trademarks, of BCC in the UK and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.
  3. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to BCC (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  4. Talk to Us Online. From time to time, BCC will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
  5. Termination

Termination By You. We’d hate to see you go, but you may terminate your account with BCC at any time from your account settings. Please email BCC at hello@blackcardcompany Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. All outstanding bills will still need to be paid.

Termination By BCC. We may terminate or suspend your account (and any accounts BCC determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. BCC will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or BCC terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services

BCC reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in BCC’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

  1. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that BCC does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so BCC can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release BCC from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. BCC is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. BCC is not a party to those agreements; they are solely between you and the third party.

By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

Warranties. BCC is dedicated to making our services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability limits. To the fullest extent permitted by law, neither BCC, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall BCC’s aggregate liability for any damages exceed the greater of eighty pounds GBP (£80) or the amount you paid BCC in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

  1. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if BCC gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend BCC (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

  1. Disputes with Other Users

If you find yourself in a dispute with another user of BCC’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Release of BCC. You release BCC from any claims, demands, and damages arising out of disputes with other users or parties.

  1. Disputes with BCC

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

  1. Governing Law. The Terms are governed by the laws of the United Kingdon.
  2. Arbitration. You and BCC agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration. *** Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and BCC are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

  1. Costs of Arbitration. Payment for any and all reasonable fees will be in accordance with ***
  2. Modifications. If we make any changes to this “Disputes with BCC” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against BCC prior to the date the changes became effective. BCC will notify you of substantive changes to the “Disputes with BCC” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send BCC a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and BCC in accordance with the provisions of this “Disputes with BCC” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
  3. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we will let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

  1. Some Finer Legal Points

The Terms, including all the policies that make up the Terms, supersede any other agreement between you and BCC regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

  1. Contact Information

If you have any questions about the Terms, please email us at hello@blackcardcompany.com

 

Last updated on 14 April, 2021