Terms of use
Last updated: January 30th, 2018
Blackbell, Inc. (“Blackbell,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through our website located at https://blackbellapp.com (the “Website”). We provide visitors to our Website (“Visitors”) access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not access or use the Website. Any hotel, apartment or other establishment that signs up to use our Services (each, a “Customer”), is agreeing to the terms of this Agreement and the accompanying License Agreement. In the event of any conflict between the terms of this Agreement and the License Agreement, the License Agreement shall control. Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy. 1. DESCRIPTION OF SERVICES We provide Visitors and Customers with access to the Website and the Services as described in this Agreement. Visitors. Visitors, as the name implies, are people who visit the Website, but do not sign in as Establishments. They can (i) view all publicly-accessible content, and (ii) contact us. Customers. Login is required for all Customers. Customers can do all the things that Visitors can do, and: (i) access and use our Services; (ii) access exclusive content available only to Customers; and (iii) create, access, manage, and update their own accounts on the Website. We are under no obligation to accept any individual as a Customer, and may accept or reject any Customer in our sole and complete discretion. 2. RESTRICTIONS The Website and the Services are available for individuals 18 years or older. If you are under 18, please do not use the Website. By accessing and using the Website, you represent and warrant that you are at least 18. 3. COMMUNITY GUIDELINES By visiting the Website and/or accessing and/or using the Services, you hereby agree to comply with our community guidelines and that:
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect.
The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “Communications to Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Copyright © 2016 Blackbell, Inc. All rights reserved.
Blackbell, Inc. (“Blackbell,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through our website located at https://blackbellapp.com (the “Website”). We provide visitors to our Website (“Visitors”) access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not access or use the Website. Any hotel, apartment or other establishment that signs up to use our Services (each, a “Customer”), is agreeing to the terms of this Agreement and the accompanying License Agreement. In the event of any conflict between the terms of this Agreement and the License Agreement, the License Agreement shall control. Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy. 1. DESCRIPTION OF SERVICES We provide Visitors and Customers with access to the Website and the Services as described in this Agreement. Visitors. Visitors, as the name implies, are people who visit the Website, but do not sign in as Establishments. They can (i) view all publicly-accessible content, and (ii) contact us. Customers. Login is required for all Customers. Customers can do all the things that Visitors can do, and: (i) access and use our Services; (ii) access exclusive content available only to Customers; and (iii) create, access, manage, and update their own accounts on the Website. We are under no obligation to accept any individual as a Customer, and may accept or reject any Customer in our sole and complete discretion. 2. RESTRICTIONS The Website and the Services are available for individuals 18 years or older. If you are under 18, please do not use the Website. By accessing and using the Website, you represent and warrant that you are at least 18. 3. COMMUNITY GUIDELINES By visiting the Website and/or accessing and/or using the Services, you hereby agree to comply with our community guidelines and that:
- You will not use the Website and the Services for any unlawful purpose;
- You will not access or use the Website and the Services to collect any market research for a competing business;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website and the Services, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not interfere with or attempt to interrupt the proper operation of the Website and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means; and
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website and the Services.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect.
The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “Communications to Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Copyright © 2016 Blackbell, Inc. All rights reserved.