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Blackout Technologies Terms of Service

YOUR RELATIONSHIP WITH US

Blackout Technologies Limited is registered at Capital Tower (6th Floor), 91 Waterloo Road, London, SE1 8RT, United Kingdom, with company number 10437246.

You are reading the terms of service (the “Terms”) which govern the relationship and serve as an agreement between you and Blackout Technologies Limited (“Blackout”, “we” or “us”) for your use of our website, services, applications, products and content (collectively, the “Platform”). For purposes of these Terms, “you” and “your” means you as the user of the Platform.

The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

ACCEPTING THE TERMS

By using our Platform, you confirm that you can form a binding contract with Blackout, that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Platform.

You can accept the Terms by using our Platform. You understand and agree that we will treat your use of the Platform as acceptance of the Terms from that point onwards.

You should print off or save a local copy of the Terms for your records.

CHANGES TO THE TERMS

We amend these Terms from time to time, for instance when we update the functionality of our Platform or when there are regulatory changes. You must look at the Terms regularly to check for such changes. Your continued use of the Platform after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Platform.

YOUR ACCOUNT WITH US

To use our Platform, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your user account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

YOUR USE OF OUR PLATFORM

Your use of the Platform is subject to these Terms and all applicable laws and regulations. You may not:

  • use the Platform if you are not fully able and legally competent to agree to these Terms;
  • modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on our Platform, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Platform or any derivative works thereof;
  • distribute, license, transfer, or sell, in whole or in part, any of the Platform or any derivative works thereof;
  • market, rent or lease the Platform for a fee or charge, or use the Platform to advertise or perform any commercial solicitation;
  • interfere with or attempt to interfere with the proper working of the Platform, disrupt any networks connected to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform;
  • incorporate the Platform or any portion thereof into any other program or product. We reserve the right to refuse service, terminate accounts or limit access to the Platform at our sole discretion;
  • use automated scripts to collect information from or otherwise interact with the Platform;
  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from Blackout or the Platform;
  • use the Platform in any way that may create a conflict of interest or undermine the purposes of the Platform; or
    • use the Platform to upload, transmit, distribute, store or otherwise make available in any way:
    • files that contain viruses or other material that is malicious or technologically harmful;
    • any material which does or may infringe any copyright, trade mark or other intellectual property rights of any other person;
    • any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
    • any content that would constitute, encourage or provide instructions for a criminal offence; or
    • content that, in the sole judgment of Blackout, is objectionable or which restricts or inhibits any other person from using the Platform, or which may expose Blackout or its users to any harm or liability of any type.

We reserve the right, at any time and without prior notice, to remove or disable access to content for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or otherwise harmful to the Platform or our users.

INTELLECTUAL PROPERTY RIGHTS

We respect intellectual property rights and ask you to do the same. As a condition of your use of the Platform, you agree not to use the Platform to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and at our sole discretion to block access to and/or terminate the accounts of any user who infringes any intellectual property rights.

CONTENT

All content on the Platform is either owned or licensed by Blackout. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of the content on our Platform.

We make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as our approval of those linked websites or information you may obtain from them.

INDEMNITY

You agree to defend, indemnify, and hold harmless Blackout, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

EXCLUSION OF WARRANTIES

Nothing in these Terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to.

The Platform is provided "as is" and we make no warranty or representation to you with respect to it. In particular we do not represent or warrant to you that:

  • your use of the Platform will be uninterrupted, timely, secure or free from error; and
  • any information obtained by you as a result of your use of the Platform will be accurate or reliable (see above).

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Platform except to the extent that they are expressly set out in the Terms. We may change, suspend, withdraw or restrict the availability of all or any part of our Platform for business and operational reasons at any time without notice.

LIMITATION OF LIABILITY

Nothing in these Terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.

Subject to the paragraph above, and to the fullest extent permitted by law, we shall not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Platform; or
  • use of or reliance on any content displayed on our Platform.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

OTHER TERMS

  1. Entire Agreement. These Terms constitute the whole legal agreement between you and Blackout and govern your use of the Platform and completely replace any prior agreements between you and Blackout in relation to the Platform.
  2. Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Platform in any website that is not owned by you. The website to which you are linking must comply in all respects with the content standards set out in “Your Use of the Platform” above. We reserve the right to withdraw linking permission without notice.
  3. Children. Any child under 13 who uses, or is permitted to use, the Platform will require written consent from a parent or guardian. Any school or other educational establishment which uses, or provides access to, the Platform for its pupils is responsible for obtaining written consent from a parent or guardian for any pupil under the age of 13. If we learn that any child under the age of 13 is using the Platform without the written consent of a parent or guardian, we will terminate the user’s account.
  4. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
  5. Security. We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, mobile devices, computer programmes and platform to access our Platform. You should use your own virus protection software.
  6. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
  7. Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England will have exclusive jurisdiction.
  8. Questions. If you have any questions, please contact us at info@blackout-technologies.com

SUPPLEMENTAL TERMS – APP STORES

To the extent permitted by applicable law, the following supplemental terms shall apply:
Apple App Store. By accessing the Platform from the Apple App Store (or its successors) operated by Apple, Inc. or affiliates ("Apple"), you specifically acknowledge and agree that:

  • These Terms are between Blackout and you; Apple is not a party to these Terms.
  • The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
  • Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
  • In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
  • Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

Amazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Platform, Inc. or affiliates ("Amazon"), you specifically acknowledge and agree that:

  • to the extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore ("Amazon Appstore EULA Terms"), and (b) the other terms and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with respect to your use of the Platform that you download from the Amazon Appstore, and
  • Amazon does not have any responsibility or liability related to compliance or non-compliance by Blackout or you (or any other user) under these Terms or the Amazon Appstore EULA Terms.

Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates(“Google”), you specifically acknowledge and agree that:

  • to the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
  • you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Blackout or you (or any other user) under these Terms or the Google Play Terms.