Introduction and Terms
The Company reserves the right, in its sole discretion, to update these Terms for various reasons, including to comply with legal requirements or to reflect changes in BlackTerminal. If changes affect your use of BlackTerminal or your legal rights, we will give you at least seven days' notice before such changes take effect. Unless we specify otherwise, by continuing to use the Service after such notice is published, you will be deemed to have accepted and agreed to such changes. If you object to the changes, your recourse for expressing your objection will be to discontinue using the Service.
Rights to Use the Service
The Service provides an information and analysis platform. The Service may allow you to view the financials and multiples of listed issuers. The Service may also allow you to access certain software and/or other content available for purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree (i) not to use the Service for any purpose not expressly set forth in these Terms; (ii) not to copy or adapt the Service, create derivative works from it, distribute, license, sell, publicly perform, transmit, stream, attempt to reverse engineer, decompile or disassemble, or otherwise use the Service or any part thereof except as expressly set forth in these Terms; and (iii) not use data-mining, robots, spiders, or similar data-collection tools with respect to the Service. You obtain no licenses or any implied or other rights with respect to any intellectual property owned or operated by the Company or its licensees, except for the permissions and rights expressly granted in these Terms.
The Company reserves the right to modify or temporarily or permanently suspend the Service (or any part thereof) with or without notice. The Company reserves the right to deny any user access to the Service without notice for any reason, including but not limited to a violation of these Terms. If you violate these Terms, the Company reserves the right to issue you a warning or to immediately block or delete any Account you create while using the Service. You agree that the Company has no obligation to give you prior notice of any blocking or deletion of your Accounts, but it has the right to do so.
You are responsible for providing your login information, for any use you make of it, or for any other use you make of your account ("Account") on the Service. If you do not have an Account, you will be prompted to create one by providing a username and, in some cases, a password when you launch the App or Service. You may also be required to provide a valid email address or other information in order to access certain applications or to use certain features. You acknowledge that any information provided to us by you at registration and otherwise is true, valid, current, and complete. We reserve the right to deny you a username, delete a username, or prevent you from using a username in our sole discretion and without obligation to you. You understand and agree that other users of the Service may have the same username as yours, but that users will have a different numeric identifier, which may or may not be displayed to you or to other users. You agree to keep your email address accurate and up to date. If we allow you to use the App without creating an Account (for example, if we allow you to use a single session), any username you select in connection with the App may be available to other users after your session ends. You are responsible for maintaining the confidentiality of your login information and are solely responsible for any activity conducted using your login information or from your Account. If you believe that your login information has been disclosed to another person or that someone else has accessed your Account, you agree to notify us immediately. You agree that we will not be responsible for any loss or damage resulting from unauthorized access to your information.
You agree to accept electronic communications from us, such as emails, text messages or mobile push notifications or notifications and messages through the Service. In the case of direct marketing messages, we make sure that we first obtain your consent and that it is easy to unsubscribe from them - we will not send you messages if you do not want to receive them.
By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security and privacy matters and administrative matters related to your use of the Service, and that all agreements, notices, disclosures and other electronic communications sent to you by BlackTerminal satisfy any legal requirement that such communications be in writing.
You agree that your use of the Service does not include sending unsolicited marketing messages (i.e., "spam"). We may use various means to block access to the Service by spammers and unscrupulous users. If you believe that spam has been sent to you through the Service, please notify us immediately at firstname.lastname@example.org.
Intellectual Property Rights
All right, title and interest in and to all materials that are part of the Service (including, without limitation, design, text, graphics, images, video, information, applications, software, music, sounds and other files, and the compilation and distribution thereof), collectively referred to as "Service Materials", as between the Company and you, belong to the Company or its third party licensors. You acknowledge and agree that you do not acquire any property rights by downloading the Service Materials or purchasing the Company's products. You agree not to modify, copy, distribute, incorporate, reproduce, publish, display, transmit, transmit or sell in any form or by any means, in whole or in part, the Service Materials or otherwise use them in any way not expressly set forth in these Terms. You acknowledge that you do not acquire any property rights by using the Service or accessing any of the Service Materials posted by the Company on the Service, including in respect of derivative works based thereon. All rights not expressly granted in these Terms are reserved by the Company and its licensees, and no rights are conveyed by implication, estoppel or otherwise.
Rules of conduct and use
The Service provides the opportunity to leave comments on the materials of the Service. The Company has no obligation to monitor such postings, but may do so as part of its provision of the Service. The Company may also suspend or terminate your access to commenting at any time, without notice and for any reason. You acknowledge that any content created by BlackTerminal users is not endorsed or controlled by us. In no event shall the Company be liable for any activities undertaken through the Communication Channels. The Company is not responsible for the information you choose to share in any Communication Channel or for the actions of any other user. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with these restrictions and the usage rules set forth in these Terms, as well as other additional restrictions and rules set forth in the Service. For example, you agree not to use the Service for the following purposes:
- Publish, upload, transmit or otherwise distribute inappropriate information;
- insult, demean, mock, threaten, harass, or interfere with any other user;
- engage in fraudulent, unlawful or other activity that is harmful to BlackTerminal or any other user;
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojans, worms, time bombs, shell bots, corrupted files or data, or other similar software or programs that may disrupt the Service or other users' computers, or engage in other such activities;
- violate contractual obligations, private and intellectual property rights, or other rights of any party, including using, downloading, transmitting, or otherwise distributing any information through the Services in violation of any rights, trademarks, patents, trade secrets, or other rights of any party (including rights of privacy and confidentiality)
- Attempt to obtain passwords or other confidential information of other users;
- inappropriately use support channels or complaint buttons to send us false complaints;
- develop, distribute or promote "automated" software or other "cheats" or applications to other users in violation of applicable license agreements; or
- exploit, distribute or advertise to other users any bugs, bugs or "bugs" to gain an unfair advantage;
- violate any applicable laws or regulations or encourage any illegal activity, including but not limited to hacking or distributing pirated software or hacked accounts, "cheats" or "hacks" of the Service.
This list of rules is not exhaustive, and we reserve the right to determine what conduct is considered a violation of these Terms, Community Rules or unfair use of the Service, and to take action, including deleting your Account and declining to provide further access to the Service.
We appreciate feedback from our users and invite you to submit comments about the Service. If you choose to provide feedback, comments or suggestions for improving the Service or other advice (whether written or oral) ("Feedback"), you represent and warrant that a) you may disclose the Feedback, b) the Feedback does not violate the rights of any other person or entity, and c) your Feedback does not contain the confidential or proprietary information of any third parties.
By submitting any Reviews, you also (i) agree that we have no obligation of confidentiality, express or implied, with respect to the Reviews, (ii) acknowledge that we may already be developing or considering something similar to the Reviews, (iii) grant us an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license to use, modify, create derivative works, publish, distribute, and sublicense the Reviews, royalty-free, perpetual, worldwide license to use, modify, create derivative works from, publish, distribute, and sublicense the Reviews, and iv) irrevocably waive any and all claims against BlackTerminal and its users and moral rights in connection with such Reviews. Your Reviews will survive termination of your account or use of the Service.
In order to provide you with a convenient Service, we may use third-party services, but this does not mean that we endorse them or are responsible for their actions. In addition, the Service may contain links to third party sites, which may be necessary to facilitate the provision of services to you. If you follow these links, you will leave the Service. Please be aware that use of such third party services is subject to the terms and privacy policies of the applicable third party. Some of these third party sites may use Service Materials provided by us under license. We are not responsible for third party sites and do not endorse them, nor do we endorse sponsors of third party sites, their products or services, whether or not we are affiliated with such third party sites. You agree that we are not responsible for any loss or damage arising from your use of third-party sites or as a result of third-party advertising on the Service.
You are solely responsible for your interactions in comments with other users of the Service and other parties with whom you communicate through the Service. The Company hereby disclaims liability to you or any third party in connection with your use of the Service. The Company reserves the right, but not the obligation, to resolve disputes between you and other users of the Service.
The Company respects the intellectual property rights of others and expects the same treatment. If you have reason to believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify the Company by filing a complaint as described below. The Company will process, investigate and take appropriate action under the Digital Millennium Copyright Act ("DCMA") and other intellectual property laws with respect to any alleged or actual infringement. Notices of alleged copyright infringement should be sent by email to email@example.com (Subject: "DMCA Takedown Request"). For effective processing, the notice must be in writing and contain the following information:
- electronic or physical signature of a person authorized to act on behalf of the owner of copyright or other intellectual property;
- A description of the copyrighted work or other intellectual property that has been infringed;
- A description of where the allegedly infringed material is located on the Service, with sufficient detail for us to locate it on the Service;
- your address, telephone number and email address;
- a statement by you that you have reasonable grounds to believe that the material is being used in a way that constitutes copyright or intellectual property infringement and that its use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property right owner or authorized to act on behalf of the copyright or intellectual property right owner.
If you send a notice of infringement that materially misrepresents that any Content, information or messages on the Service infringe copyright, you may be liable for damages and may be required to pay legal fees.
Pursuant to the DMCA and other applicable laws, the Company follows a policy of terminating deemed repeat infringing users in appropriate circumstances and at the sole discretion of the Company. The Company, in its sole discretion, may also restrict access to the Service and/or delete the accounts of any user who infringes any intellectual property rights of others, whether the infringement is first or repeated.
Terminating an account
You may terminate your Account at any time, for any reason, by sending a request to firstname.lastname@example.org. The Company may terminate your Account and your access to the Service (or, in the Company's sole discretion, any part of the Service) at any time and for any reason. The Company is not obligated to provide you with a notice or warning prior to such termination. As a result of termination, you may lose your Account and all associated data and information, including purchased products. The Company is not obligated to provide you with a refund for such losses.
Disclaimer of warranties
THE SERVICES AND MATERIAL ON THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PATENTS. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. FURTHERMORE, ALTHOUGH WE ENDEAVOR TO PROVIDE THE BEST POSSIBLE USER EXPERIENCE ON THE SERVICES, WE CANNOT AND DO NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE WARRANT AGAINST INTERRUPTIONS IN CONNECTIVITY OR DEFECTS. THE ABOVE WARRANTY DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR LOSS OF DATA, ARISING OUT OF YOUR USE OF THE SERVICE OR OTHER MATERIALS DOWNLOADED OR RECEIVED IN THE COURSE OF USING THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY; AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY TO YOU DOES NOT EXCEED THE AMOUNT YOU PAID TO US UNDER THESE TERMS FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS DO NOT LIMIT ANY LIABILITY OR OTHER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BLACKTERMINAL'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You expressly acknowledge that the Company is not responsible for User Content, including, without limitation, your Content, for any offensive, defamatory or illegal conduct by any third party, and acknowledge that the risk of harm or damage resulting from such conduct rests solely with you.
Indemnification and indemnification
You agree to indemnify and hold the Company harmless from and against any losses, claims, demands, losses, damages and expenses, including reasonable legal fees, arising out of or in connection with (i) your use and access to the Service; (ii) your violation of any provisions of these Terms; (iii) your violation of any third party rights, including but not limited to any copyright, proprietary or confidentiality rights, and any agreements with third parties; or (iv) your Content or your Account information or any other information that you post or share through the Service. In this Section, "you" means any person accessing the Service using your password.
We do not charge you for the basic functionality of the Service, but you may be charged for certain products and services. The Service may include the ability to purchase "Subscriptions" (Fees). This may require legal tender (i.e. "real money"). The Company reserves the right to modify, adjust, monitor and/or delete the functionality of the Service at its sole discretion. "Subscription" prices (Fees) are subject to revision without notice. We have no obligation to exercise any such rights to you or to any third party. You receive limited, personal permission to use the Service. You do not have any other rights, titles or interests in Company products.
We endeavor to develop the Service with care, making it reliable and useful for our customers. However, there may be times when certain information on the Service is incorrect, incomplete or inaccurate, or appears to be inaccurate because of the browser, hardware, software or other technology you are using. BlackTerminal reserves the right, with or without notice, to: modify product and/or service descriptions and references; limit the amount of any product or service available; accept or not accept any coupon, coupon code, promotion code or other similar promotional items; and provide or not provide any visitor with the Service or the right to use the Service with any product or service.Payment
. We accept payment by major credit cards and other means of payment, which we make available to you through the Service from time to time. We may also provide you with the ability to place orders through third-party applications or other payment services. You agree to abide by their terms and other possible requirements. By placing an order, you authorize BlackTerminal or its designated payment processors to charge the specified amount to the specified account.
We, in our sole discretion, may cancel payment at any time by sending you a notice by the method of communication specified by you or by means of a notice that appears at the time of payment. We may cancel a payment or prevent you from making further payments for any reason, including but not limited to (i) if you attempt to use the Service to violate any applicable laws or regulations, including online card service rules; (ii) if you use the Service in violation of these Terms; (iii) if we suspect fraud or illegal or inappropriate activity with respect to a payment; (iv) if we determine, in our sole discretion, that your payments have a history of multiple.Payment Refunds.
If you, for any reason, decide to cancel the paid products of the Service and decide to return your money, send a request to email@example.com. After your request is processed, the balance of the unused period will be returned to your bank account.Taxes.
Fixed prices may not include sales or use taxes. If they are not listed, you are responsible for payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or actually charge with respect to your purchase.International Orders.
You are solely responsible for payment of any licenses, customs fees and duties associated with exporting products from the United States.Regular Payments.
By purchasing a subscription (Fee), you authorize us to make recurring (that is, monthly or annual) payments by the payment method of your choice for your subscription payment. Your BlackTerminal payment is automatically renewed at the end of your applicable subscription period, unless you cancel your subscription before your current subscription period ends.Price Changes.
BlackTerminal may change the price of subscriptions from time to time, and will provide advance notice of any changes and, if applicable, how to agree to those changes. Changes to subscription prices will be effective at the beginning of the next subscription period following the date of the price change. To the extent permitted by local law, you accept the new price by continuing to use the Service after the price changes take effect. If you do not agree to the price change, you have the right to cancel your subscription before the price change goes into effect. However, we do not want to charge you for something you do not want to purchase, so if you cancel your subscription within 14 days of the price increase, we will refund you.Cancellation.
You may cancel your subscription at any time, and you will continue to receive access to the paid functionality of the Service until the end of your current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any amounts already paid to us for your subscription. We may, in our sole discretion, provide refunds, discounts or other arrangements to some or all of our users. The provision of free access or discounts on subscription (tariff) purchases does not mean that you acquire the right to such methods in similar circumstances in the future, and it does not obligate us to provide discounts on subscription (tariff) purchases in the future in any circumstances. To cancel, email your request to firstname.lastname@example.org. Once your message has been processed, the balance for the unused period will be refunded to your bank account.