Date of Last Revision: August 25, 2018
TERMS AND CONDITIONS OF USE
ACCEPTANCE OF USE
We reserve the right to change these Terms at any time. The date of last revision will be posted at the top of https://www.blacklistgamesllc.com/terms-of-use. You are responsible for reading and evaluating the Terms as they are revised.
If you do not agree to the Terms, you are not permitted to browse the Blacklist Games Site and/or utilize any of its services.
By accessing and browsing the Blacklist Games Site, YOU AGREE THAT YOUR USE OF THE Blacklist Games Site IS AT YOUR OWN RISK. Blacklist Games LLC ("Blacklist Games") is not liable for any personal injury or property damage, or any other harm or loss of any nature whatsoever, resulting from use and/or access of the Blacklist Games Site. You understand and agree you may be exposed to communications, including but not limited to public posts and posts by Blacklist Games, that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Blacklist Games with respect to the content.
By accessing and browsing the Blacklist Games Site, you agree to the following:
You are at least 18 years of age, or an emancipated minor, or have specific legal guardian or parental consent, and are fully able to enter into this legal, binding agreement, being the Terms.
You affirm that you are over the age of 13. The Blacklist Games Site is not intended for children 13 and under, and are not permitted use.
You will not transmit any bugs, viruses, trojan horses, bots, scrapers, or any like or related programming through or to the Blacklist Games Site.
You will not alter, modify, or change the Blacklist Games Site or any portion of it, including security features, except as expressly permitted by Blacklist Games.
You will not engage in any illegal (contrary to applicable local, national and international laws) activities on, to, or through the Blacklist Games Site.
Blacklist Games will do its best to maintain the website and release accurate information through it. However, Blacklist Games cannot guarantee the accuracy or completeness of the Blacklist Games Site. Blacklist Games is not liable for any: (1) errors, mistakes, opinions, or inaccuracies with regard to content; (2) any interruption or cessation of transmission to or from our website; (3) any errors or omissions in any content or for any loss or damage of any kind resulting from the use of any content posted, emailed, transmitted or otherwise made available through the Blacklist Games Site; (4) any unauthorized access to our secure servers and the personal and/or financial information contained within; (5) any bugs, viruses, trojan horses and the like which may be transmitted to or through the Blacklist Games Site by any third party.
The Blacklist Games Site may contain links to third party websites. Blacklist Games has no control over, and assumes no responsibility for, the content of any third party websites.
An Organizational Account is a retailer, game club or convention (collectively, “Organizations”) approved by Blacklist Games to have such an account. Blacklist Games does not endorse any Organizations.
Blacklist Games has no control over and assumes no responsibility for any product, service or event offered by a third party through the Blacklist Games Site, including Organizations. Blacklist Games recommends using your best judgment and to exercise caution where appropriate.
Blacklist Games does not endorse and is not responsible for the opinions, recommendations, or advice of any users of the Blacklist Games Site. Blacklist Games cannot and will not be responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any type of communication on or through the Blacklist Games Site. Blacklist Games will not be a party to or monitor, and assumes no responsibility for, any communication or results of communication between you and a third party, including but not limited to other Players and Organizations. Blacklist Games recommends using your best judgment and to exercise caution where appropriate.
Online Store Accounts
Online Store accounts are separate from the Player and Organization accounts. By registering an Online Store account, you agree to the following, as well as all other applicable terms:
Blacklist Games cannot and does not warrant that product specifications, pricing, or other content on the Blacklist Games Site is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, Blacklist Games shall have the right to refuse or cancel any orders at its sole discretion. If Blacklist Games charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
Blacklist Games is the seller for all items on the Blacklist Games Site. All items purchased from the Blacklist Games Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
If you have any questions in regards to your Online Store Account, please contact firstname.lastname@example.org.
Provided you abide by the Terms, Blacklist Games grants you permission to access the Blacklist Games Site for personal use and/or limited commercial use as expressly permitted herein.
The Blacklist Games Site is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, Blacklist Games, its owners, operators, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Blacklist Games Site and your use thereof.
Limitation of Liability
Under no circumstances, including but not limited to negligence, shall Blacklist Games, its owners, operators, officers, directors, employees or agents, but liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) Use or inability to use the Blacklist Games Site, including without limitation use of or reliance on information available on this Blacklist Games Site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance; (2) Errors, mistakes, opinions, or inaccuracies with regard to information available on the Blacklist Games Site; (3) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (4) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (5) Any interruption or cessation of transmission to or from the Blacklist Games Site; (6) Any bugs, viruses, trojan horses, bots, or the like, which may be transmitted to or through the Blacklist Games Site by any third party; (7) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use on any content posted, emailed, transmitted, or otherwise made available via the Blacklist Games Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Blacklist Games is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Blacklist Games shall not be liable for CCs, the content of CCs, or the defamatory, offensive, or illegal conduct of any other user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Blacklist Games Site is controlled and offered by Blacklist Games via wix.com and its facilities in the United States of America. Blacklist Games makes no representations that the Blacklist Games Site is appropriate or available for use in other locations. Those who access or use the Blacklist Games Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify and hold harmless Blacklist Games and its owners, operators, officers, directors, employees, affiliates, assigns and agents, from and against any actions, claims, obligations, losses, liabilities, costs or debt, and expenses (including without limitation, attorney’s fees and costs) arising from or in connection with: (i) your use of and access to the website; (ii) your violation of any term or provision of these Terms; (iii) your failure to abide by applicable local, state, federal and international law; (iv) your violation of any other Player or other third party right, including but not limited to any copyright, trademark, property, or privacy right; (v) any claim that one of your Player Communications or private messages caused damages to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms. This indemnification obligation survives these Terms and your use of this website.
You hereby release and waive any and all claims, liability, and causes of action against Blacklist Games arising from or in connection with your use of the Blacklist Games Site.
Blacklist Games graphics, logos, page headers, and service names are trademarks, registered trademarks, or trade dress of Blacklist Games or its affiliates in the United States and/or other countries. These trademarks, registered trademarks, and trade dress may not be used in connection with any product or service without the express written consent of Blacklist Games, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Blacklist Games. All other trademarks not owned by Blacklist Games that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blacklist Games. Any other intellectual property, as well as any information and material that appears on the Blacklist Games Site belongs to Blacklist Games LLC., unless otherwise specified.
You agree not to copy and/or adapt the code used to generate the Blacklist Games Site and all the graphic material that it offers, including buttons, bars, fonts, logos, photographs or other material not specified under these Terms, without the express permission of Blacklist Games.
The Blacklist Games Site and all related websites, including those which offer services under its mark, are published and maintained by Blacklist Games LLC.
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blacklist Games without restriction.
Governing Law and Venue
The laws of the State of Texas govern all matters arising out of or relating to these Terms and Conditions of Use, without giving effect to conflicts of law principles thereof. You submit to the exclusive jurisdiction if the state and federal courts of the State of Texas for resolving any claim or dispute arising out of or relating to these Terms and Conditions of Use. You agree that: (i) the website shall be deemed solely based in the State of Texas; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over Blacklist Games, either specific or general, in jurisdictions other than the State of Texas.
If any term or provision of these Terms is held void, invalid, inoperative, or otherwise unenforceable by a court of competent jurisdiction, then no other term or provision will be consequently affected, and the remaining terms and provisions will remain in full force and effect.
The captions contained herein are for reference purposes only and are not part of this agreement.
Blacklist Games reserves the right to discontinue any aspect of the website at any time.
Blacklist Games reserves all rights not expressly granted herein.
You agree that any cause of action arising out of or related to the Blacklist Games Site must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.
Nothing in the Terms and Conditions of Use shall be deemed to confer any third party rights or benefits.