New Version (Updated on May 24, 2018)
Welcome to BLCKMedia, a free and fee based service website, owned and operated by BLCKMedia Co. Ltd (hereinafter referred to as "BLCKMedia"). The following document explains the terms and conditions applicable to your use of BLCKMedia, including but not limited to accessing BLCKMedia for whatever purpose, using the information, services and products provided by BLCKMedia, promoting business between users of BLCKMedia at home and abroad(also referred to as "Service"). Your use of BLCKMedia is subject to these terms and conditions (also referred to as "Agreement"), including any other legal notices and regulations applicable to the Service, between you and BLCKMedia.
|1.1||By using BLCKMedia, you acknowledge the terms and conditions hereof and agree that you will be bound by the terms and conditions contained in this Agreement.|
|1.2||In addition, this Agreement may be changed or updated by BLCKMedia from time to time without any prior notice to you. Changed terms and conditions will become valid upon being posted on BLCKMedia. Your continuous use of our Service signifies your acceptance of the changed Agreement.|
|1.3||Unless explicitly stated otherwise, any further upgrade, modification, addition or change to the Service, or any new function that augments or enhances our Service shall be subject to this Agreement. You may stop using the Service at any time.|
|1.4||This Agreement may not be otherwise modified except in writing signed by an authorized officer of BLCKMedia.|
|2.1||Members of BLCKMedia are natural persons, legal persons and other organizations that have full capacity for civil conduct and are able to assume legal responsibilities independently.If you do not have above qualifications, please do not register or use BLCKMedia. Otherwise, all consequences resulting from this will be borne by you or your guardian.|
|2.2||BLCKMedia is obligated to advise you that any user, during accessing BLCKMedia, must behave in accordance with applicable laws. BLCKMedia is not responsible for the possible consequence caused by your behavior during use of BLCKMedia.|
|2.3||BLCKMedia may, in its sole discretion, refuse the Service to anyone at any time without any prior notice to you. The Service is not available to temporarily or indefinitely suspended members of BLCKMedia.|
3. Registration Obligations
|3.1||In joining or becoming a member of BLCKMedia, you hereby agree to: (a) provide true, accurate, current and complete information about yourself (such as identification, contact details and etc.) in the "JOIN FREE" application form (such information being the "Registration Content"), or as part of your continued use of the Service and (b) maintain and promptly update the Registration Content to keep it true, accurate, current and complete.|
|3.2||If you represent a business entity registered on BLCKMedia, you promise that you have the authority to bind the entity to this Agreement.|
|3.3||If you provide any information that is untrue, inaccurate, not current or incomplete, or BLCKMedia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BLCKMedia reserves the right at its sole discretion to suspend or terminate your Service without any prior notice to you.|
|3.4||During the registration process, you will create a Member ID and Password. By becoming a registered member of BLCKMedia (also referred to as "Member"), you could access to your own account by your Member ID and Password.|
|4.1||You are solely responsible for maintaining the confidentiality of your Member ID and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify BLCKMedia of any unauthorized use of your Member ID or Password or any other breach of its security, and (b) ensure that you properly exit the website at the end of each session. BLCKMedia cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement. BLCKMedia does not have the duty for your damages causing by force majeure, such as attacks, any interrupts, or malfunction.|
|4.2||You agree to use the Service only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or guideline in the relevant jurisdictions.|
|4.3||You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by BLCKMedia.|
|4.4||You agree that you are solely responsible for (and that BLCKMedia has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which BLCKMedia may suffer) of any such breach.|
|4.5||BLCKMedia will send or serve any notice or document to your email address (and you agree that when you modify the original email address submitted during the registration process and it is accepted by BLCKMedia, the new email address will be prevail). If the notice or document arrives at your email system (or the circumstances justify the assumption that the service has been made), the service shall be deemed completed.|
|4.6||BLCKMedia is entitled to send all kinds of business information relating BLCKMedia's services by the contacting you have provided( Including e-mail, mobile phone messages, etc. ). You must send a written notice to us if you refuse to continue to receive the business information.|
5. Information collection
|5.1||Only registered members can provide, post, send, publish or submit (also referred to as "provide") information (such as files, photographs, videos or other images about person and/or entity, products, services, offers, etc.) on BLCKMedia. BLCKMedia reserves the right (but shall have no obligation) to filter, modify, select and/or delete any or all information it deems inappropriate. Every member is solely & legally responsible for (and that BLCKMedia has no responsibility to you or to any third party for) the accuracy, completeness, integrity, timeliness, correctness and non-infringement of the information that you create, display, transmit or provide while using the Service and for the consequences of your actions (including any loss or damage which BLCKMedia may suffer) by doing so.|
|5.2||Each Member acknowledges and warrants that information provided to BLCKMedia shall not (a) be obscene, contain, infer any pornography, sex-related merchandising, any other content, otherwise promotes explicit sexual materials or is otherwise harmful to people, (b) be defamatory, libelous, unlawfully threatening or unlawfully harassing, (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (d) infringe or otherwise abet, encourage the infringement ,be in violation of any third party's copyright, patent, trademarks, trade secrets or other proprietary rights, rights of publicity or privacy, or any other Third Party Rights, and (e) be restricted or prohibited by law.|
|5.3||Though BLCKMedia makes great effort to confirm the information provided, BLCKMedia does not guarantee & is not legally responsible for the accuracy, integrity, quality & non-infringement of such information.|
|5.4||BLCKMedia collects information about persons/companies, products & offers, and builds its own database. BLCKMedia holds copyright over all related information and web designs. Any unauthorized copying or commercial use of content obtained from BLCKMedia is strictly prohibited, and BLCKMedia reserves right to take legal action in the case of such activity.|
|5.5||You allow BLCKMedia to make available information on your company, products or others you provide ("Information") on all websites (including existing or future ones) that it operates or social media, and you agree that BLCKMedia will disclaim legal liability arising from the Information to the extent that BLCKMedia does not make any substantial changes.|
BLCKMedia may contain links to other websites, but BLCKMedia does not have control over such websites and resources by provided by those websites. Please be cautious about such sites' terms and conditions and/or privacy before using such sites. BLCKMedia does not endorse and is not responsible for the validity of any content, advertising, service, products or information from said linking websites. You acknowledge that BLCKMedia is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, service, product or information from the linking websites.
|7.1||Access to and the use of BLCKMedia as well as registration as a Free Member are free of charge. BLCKMedia reserves the right to modify the charging clause without prior notice and would post the changed clause on BLCKMedia immediately.|
|7.2||BLCKMedia provides certain services to users who have undergone a specific registration process and/or verification process and agreed to pay for such services ("Premium Services" such as advertising, trade or membership services). Use of certain services or features of BLCKMedia that are part of a Premium Service are governed by additional terms and conditions under separate agreements in addition to this Terms & Conditions.|
|7.3||Please note that we are not responsible for all hardware, software, service and other costs you incur while accessing our website and Internet based data on our servers. BLCKMedia reserves the right to change or discontinue, temporarily or permanently, some or all of the services and/or features at any time without notice.|
8. Dispute Resolution
|8.1||In the event that any user has a complaint, dissension, or dispute with any party to a transaction or other users, such user acknowledges and agrees that BLCKMedia has the right (but not the obligation) to accept and deal with the complaint, dissension, or dispute with your authorization. You have to provide materials which could be used as a deterrent against the complaint, dissension, or dispute at a specified time when you receive the notice sent by email or any other means from BLCKMedia, otherwise BLCKMedia would handle the complaint, dissension, or dispute at its sole discretion with its independent judgment, where the resolution would be unfavorable to you. BLCKMedia may impose the limitations on, suspend or terminate the use of Service or refuse your accessing BLCKMedia if there is a breach of the items of this Agreement and other terms, regulations and policies for the uses of any Service.|
|8.2||You acknowledge and promise that (a) the ability of making a judgment and/or dealing with a complaint, dissension, or dispute is limited, (b) no warrant shall be made that the results would meet your requirements, anticipation, or hope, (c) and in no event shall BLCKMedia be liable for the judgment or results. It is BLCKMedia's right to decide whether or not to participate in the handling of the complaint, dissension, or dispute.|
|8.3||You agree to immediately notify BLCKMedia of any infringement or breach of your legal rights by using of Service and provide necessary evidences. You are liable for the authenticity and legitimacy of your deed.|
|8.4||If the Member is in breach of any items of this Agreement or other terms, regulations and policies for the uses of any Service, according to the legally effective judgments or orders of the people's court verify or BLCKMedia' suspicion at its sole discretion, BLCKMedia reserves the right to publish the records of such breach on the website, and make other appropriate treatments, including but not limited to termination of Service, prohibition of the use of BLCKMedia permanently.|
|9.1||BLCKMedia withholds the right to temporarily or permanently terminate your use of Service or refuse your accessing BLCKMedia for any of the following reasons where you:|
(a)Utilize BLCKMedia for fraudulent or illegal activities, or violate any applicable law, regulation or guideline, or are engaged in activities that may damage the rights of BLCKMedia or others.
(b)Utilize BLCKMedia to send or provided false information in connection with your member account or spam messages or repeatedly publish the same product information.
(c)Post any material to members that are not related to international trade or business cooperation.
(d)Impersonate or unlawfully use another person's or companies' name to post information or conduct business of any form.
(e)Undertake any scheme to undermine the integrity of the computer or networks used by BLCKMedia and/or any other users and attempt to gain unauthorized access, use, modification or control of such computer systems or networks.
(f)Post or transfer documents or materials that contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
(g)Obtain by any means BLCKMedia member's username and/or password.
(h)Transfer the service of BLCKMedia (including but not limited to the member's username and password) or relevant business information obtained from BLCKMedia in any form.
|9.2||BLCKMedia reserves the right to terminate your Service, refuse your use of Service or refuse your accessing BLCKMedia at any time for any reason, at its sole discretion, with or without notice. When your use of the Service is charged, we're entitled to doing so based on reasonable suspicion and notification by email, and not responsible for the consequences (including any loss or damage) of the actions by doing so.|
|9.3||You will not be able to (a) use the website or the Service, (b) post, provide, send or publish information on the website, (c) allow others to post, provide, send or publish information on the website on your behalf. Your registration information or any other information you provided will be deleted or discard. We reserve the right to pursue your legal responsibilities for your breach of law or Agreement.|
10. Liability Disclaimer
|10.1||BLCKMedia will not be liable for interruption to Service directly or indirectly as a result of acts of god, hardware malfunction, software related problems, telecommunications, electrical failures, strikes, labor disputes, riots, war, governmental actions, human error or other obstacles. The services available to you on BLCKMedia may contain errors and our service is subject to periods of interruption. While BLCKMedia does its best to maintain the services available on BLCKMedia, BLCKMedia cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website.|
|10.2||BLCKMedia provides the services on BLCKMedia "as is," with no warranties whatsoever. All express warranties and all implied warranties, including warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.|
|10.3||In no event shall BLCKMedia be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the performance of BLCKMedia or from any members' use of services provided through this website, even if BLCKMedia has been advised of the possibility of such damages.|
|10.4||BLCKMedia has been translated into Japanese, French, Spanish, German, Portuguese, Italian, Russian, Korean, Arabic and Indian versions by translation software. BLCKMedia isn't responsible for the difference between English version and aforementioned other language versions of the website. If there is any conflict, the English version shall prevail.|
|10.5||If you are dissatisfied with BLCKMedia, or any portion, your exclusive remedy shall be to cease using the website.|
|10.6||BLCKMedia owns all legal rights, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).|
|10.7||In order to comply with laws, regulations,policies of other countries, which are always different, the content may be slightly different when users access from different countries. BLCKMedia does not accept any responsibility for blocking the display of informations which are violation of laws, regulations and policies of other countries.|
11. Disclaimer of Warranties for Products Database
You expressly agree that use of our database contained on BLCKMedia is at your own risk. BLCKMedia shall not be responsible for any content found on this database. BLCKMedia expressly disclaims all warranties of any kind, whether implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BLCKMedia makes no warranty that our database will be uninterrupted, timely, securely or error free.
You acknowledge and agree that any material, and/or data downloaded or otherwise obtained through use of the database on BLCKMedia is done at your own discretion and risk. You will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.
BLCKMedia, BLCKMedia, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any loss or injury resulting from using of Offer Board or Products Directory on BLCKMedia, or for any decision made or action taken by you in reliance on content contained in Offer Board or Products Director. BLCKMedia, BLCKMedia, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if you are advised of the possibility of such damages, resulting from the use or the inability to use the service.
Some jurisdictions do not allow the exclusive of certain warranties, so some of the above exclusions may not apply to you.
BLCKMedia adopts strict security policies. If any member should interfere with our security policies they shall be temporarily or permanently banned from using BLCKMedia and its related services. In addition information published by other members will not be available to those members whose access to BLCKMedia has been terminated.
You agree to indemnify and hold BLCKMedia, BLCKMedia, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Offer Board or Product Directory on BLCKMedia, the violation of these terms and conditions by you, or the infringement by you, or other user of Offer Board or Product Directory using your computer, of any intellectual property or other right of any person or entity. BLCKMedia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The interpretation and application of this Agreement, as well as disputes relating to this Agreement, shall be dealt with in accordance with the laws of Zimbabwe. Each party shall apply to Court which holds the jurisdiction on the disputes.
All contents in these websites are Copyright © 2020 by BLCKMedia Co., Ltd.
Reproduction in whole or in part in any form without the prior written permission of BLCKMedia Co. Ltd. is prohibited. All rights reserved.
For more information regarding BLCKMedia, please click here.