Terms of use
Last updated: January 30th, 2018
Blackbell, Inc. (“Blackbell,” “we,” “us,” or “our”) is pleased to offer you access to our online platform that enables you to easily order any of your Establishment services or book local activities (the “Services”) through a variety of Internet-enabled devices, including computers, tablets, smart phones, connected televisions, and personal Internet devices (collectively, “Devices”). Portions of the Services may also be available to you through our website at https://blackbellapp.com (the “Website”) and our mobile application (the “App”). We provide our Services to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you. Please read these Terms of Service carefully, because by accessing the Blackbell Offerings, clicking “I Agree,” or otherwise manifesting assent to these Terms of Service, you: (i) agree to be bound by these Terms of Service and the terms and conditions of our Privacy Policy, which are incorporated herein by reference (collectively, the “Agreement”), and (ii) agree and acknowledge that you will be bound by any additional terms and conditions and/or privacy policies that participating Establishments and/or Vendors may impose, for which Blackbell is not responsible. In the latter case, you will be provided with such additional terms and conditions and/or privacy policies and will be required to accept them in order to access and use the Blackbell Offerings. Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy. 1. DESCRIPTION AND USE OF THE SERVICES Blackbell offers the Services through its proprietary Internet-based platform that allows end users (the “Guests”) to access information and order certain goods and services from hotels, apartments, and other establishments (each, a “Establishment”) and third party vendors (each, a “Vendor”) in our business partner network. The first time you wish to access and use the Services, an account must be created for you that contains certain information (an “Account”). If prompted for such information, you must provide true, accurate, current, and complete information for your Account. You are solely responsible for the confidentiality, security, and use of your Account, as well as for any misuse of or communications using your Account. You will promptly inform us of any need to deactivate an Account. We reserve the right to delete any Account at any time and for any reason. We will not be liable for any loss or damage caused by any unauthorized use of your Account. 2. WAIVER AND RELEASE We and the Establishments are not a party to any transaction a Guest makes with a Vendor through our Services and we and the Establishments shall have no liability to any party in connection with such transactions. YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, AND ACQUIT BLACKBELL AND ITS PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR INTERACTION WITH VENDORS, ANY TRANSACTION WITH A VENDOR, AND YOUR EXPERIENCE AS A GUEST. 3. COMMUNITY GUIDELINES Our community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Blackbell Offerings, you hereby agree to comply with these community guidelines the (“Guidelines”) and that:
251 Little Falls Drive
Wilmington, DE 19808, United States If you believe that your work has been copied on the Blackbell Offerings in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the applicable law, including: (i) a description of the copyrighted work that has been infringed and the specific location where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. 13. MISCELLANEOUS This Agreement is governed by the internal substantive laws of France, without respect to its conflict of law provisions. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications with 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”) is pleased to offer you access to our online platform that enables you to easily order any of your Establishment services or book local activities (the “Services”) through a variety of Internet-enabled devices, including computers, tablets, smart phones, connected televisions, and personal Internet devices (collectively, “Devices”). Portions of the Services may also be available to you through our website at https://blackbellapp.com (the “Website”) and our mobile application (the “App”). We provide our Services to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you. Please read these Terms of Service carefully, because by accessing the Blackbell Offerings, clicking “I Agree,” or otherwise manifesting assent to these Terms of Service, you: (i) agree to be bound by these Terms of Service and the terms and conditions of our Privacy Policy, which are incorporated herein by reference (collectively, the “Agreement”), and (ii) agree and acknowledge that you will be bound by any additional terms and conditions and/or privacy policies that participating Establishments and/or Vendors may impose, for which Blackbell is not responsible. In the latter case, you will be provided with such additional terms and conditions and/or privacy policies and will be required to accept them in order to access and use the Blackbell Offerings. Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy. 1. DESCRIPTION AND USE OF THE SERVICES Blackbell offers the Services through its proprietary Internet-based platform that allows end users (the “Guests”) to access information and order certain goods and services from hotels, apartments, and other establishments (each, a “Establishment”) and third party vendors (each, a “Vendor”) in our business partner network. The first time you wish to access and use the Services, an account must be created for you that contains certain information (an “Account”). If prompted for such information, you must provide true, accurate, current, and complete information for your Account. You are solely responsible for the confidentiality, security, and use of your Account, as well as for any misuse of or communications using your Account. You will promptly inform us of any need to deactivate an Account. We reserve the right to delete any Account at any time and for any reason. We will not be liable for any loss or damage caused by any unauthorized use of your Account. 2. WAIVER AND RELEASE We and the Establishments are not a party to any transaction a Guest makes with a Vendor through our Services and we and the Establishments shall have no liability to any party in connection with such transactions. YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, AND ACQUIT BLACKBELL AND ITS PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR INTERACTION WITH VENDORS, ANY TRANSACTION WITH A VENDOR, AND YOUR EXPERIENCE AS A GUEST. 3. COMMUNITY GUIDELINES Our community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Blackbell Offerings, you hereby agree to comply with these community guidelines the (“Guidelines”) and that:
- You must be the age of majority in your jurisdiction and capable of entering into binding contracts;
- You will not use the Blackbell Offerings for any unlawful purpose, including, without limitation, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, or pirating content;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- You will not access or use the Blackbell Offerings to collect any market research for a competing business;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Blackbell Offerings or the Platform;
- 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 use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; and
- You will not interfere with or attempt to interrupt the proper operation of the Blackbell Offerings 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 Blackbell Offerings through hacking, password or data mining, or any other means.
- You will not use the Blackbell Offerings for any malicious activity, as determined by Blackbell in its sole and absolute discretion.
251 Little Falls Drive
Wilmington, DE 19808, United States If you believe that your work has been copied on the Blackbell Offerings in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the applicable law, including: (i) a description of the copyrighted work that has been infringed and the specific location where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. 13. MISCELLANEOUS This Agreement is governed by the internal substantive laws of France, without respect to its conflict of law provisions. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications with 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.