TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ
THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 01/01/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface with BlkAlchemy (Black Alchemy), also
known as BA, located at 350731, Jamaica, New York 11435 and our subsidiaries and affiliates, in association
with the use of the BA website, which includes www.blkalchemy.com, (the “Site”) and its Services, which shall
be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a forum website which has the following description:
Blk Alchemy (Black Alchemy) is a collective of Black Artists gathered to stamp out a distinct foothole in the
arts and illustration industry. Arts are a key component in the creative potential of the black mind and Blk
Alchemy sets forth to cultivate said potential and display it in a raw and digestible form.
After years of seeing Black artists lacking a concentrated community and collective, Founder and Artist Will
Focus wanted to bridge that gap and bring a powerful representing body to the forefront of the Art community.
Blk Alchemy has many goals both short and long term that will continue to evolve; however, an ongoing goal is
to provide a sense of inspiration, guidance, and opportunity for black artists both young and old, that will further
push the bounds of their creativity and market value.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the
herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services,
through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable programs,
are the sole property of BlkAlchemy (Black Alchemy). At its discretion, BlkAlchemy (Black Alchemy) may
offer additional website Services and/or products, or update, modify or revise any current content and Services,
and this Agreement shall apply to any and all additional Services and/or products and any and all updated,
modified or revised Services unless otherwise stipulated. BlkAlchemy (Black Alchemy) does hereby reserve the
right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user
and/or member, acknowledge, accept and agree that BlkAlchemy (Black Alchemy) shall not be held liable for
any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or
products. Your continued use of the Services provided, after such posting of any updates, changes, and/or
modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such,
frequent review of this Agreement and any and all applicable terms and policies should be made by you to
ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or
modified terms, you must stop using the provided Services forthwith. Furthermore, the user and/or member
understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such BlkAlchemy
(Black Alchemy) shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion
and/or any failure to store user content, communication or personalization settings.
REGISTRATION
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a
legally binding contract. In addition, you must be in good standing and not an individual that has been
previously barred from receiving BA’s Services under the laws and statutes of the United States or other
applicable jurisdiction. When you register, BA may collect information such as your name, e-mail address, birth
date, gender, mailing address, occupation, industry and personal interests. You can edit your account information
at any me. Once you register with BA and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested
by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy
and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, BlkAlchemy
(Black Alchemy) will have sufficient grounds and rights to suspend or terminate the member in violation of this
aspect of the Agreement, and as such refuse any and all current or future use of BlkAlchemy (Black Alchemy)
Services, or any portion thereof.
It is BlkAlchemy (Black Alchemy)’s priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of
13 that permit their child or children access to the BA website platform Services must create a “family” account,
which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent
or legal guardian of any child or children registered under the “family” account. As the creator of the “family”
account, s/he is thereby granting permission for his/her child or children to access the various Services provided,
including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal
guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate
for his/her child.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the
BlkAlchemy (Black Alchemy) Online Privacy Policy (see the full Privacy Policy at
http://blkalchemy.com/privacy-policy). As a member, you herein consent to the collection and use of the
information provided, including the transfer of information within the United States and/or other countries for
storage, processing or use by BlkAlchemy (Black Alchemy) and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within
your account. It is your responsibility for any act or omission of any user(s) that access your account information
that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify
BlkAlchemy (Black Alchemy) immediately if you notice any unauthorized access or use of your account or
password or any other breach of security. BlkAlchemy (Black Alchemy) shall not be held liable for any loss
and/or damage arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately
posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content
originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed,
transmitted or otherwise made available by way of the BA Services, and as such, we do not guarantee the
accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or
damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made
available by BA.
Furthermore, you herein agree not to make use of BlkAlchemy (Black Alchemy)’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any BA officials, forum leaders,
guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to
pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon
any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally
have any right to offer pursuant to any law or in accordance with any contractual or fiduciary
relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such
areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software
virus or other computer code, any files and/or programs which have been designed to interfere, destroy
and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively
affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any BlkAlchemy (Black Alchemy) Services, servers and/or networks that
may be connected or related to our website, including, but not limited to, the use of any device software
and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including,
but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange
Commission, in addition to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and
any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or
source to any organization delegated by the United States government as a “foreign terrorist
organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
BlkAlchemy (Black Alchemy) herein reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove and/or delete any such content that
would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or
members.
BlkAlchemy (Black Alchemy) herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed
reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of BlkAlchemy (Black Alchemy), its visitors, users
and members, including the general public.
BlkAlchemy (Black Alchemy) herein reserves the right to include the use of security components that may
permit digital information or material to be protected, and that such use of information and/or material is subject
to usage guidelines and regulations established by BlkAlchemy (Black Alchemy) or any other content providers
supplying content services to BlkAlchemy (Black Alchemy). You are hereby prohibited from making any
attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services,
despite whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using www.blkalchemy.com to send electronic
communications, which would include, but are not limited to, email, searches, instant messages, uploading of
files, photos and/or videos, you will be causing communications to be sent through our computer network.
Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this
Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or
transferring of software, technology and other technical data may be subject to the export and import laws of the
United States and possibly other countries. Through the use of our network, you thus agree to comply with all
applicable export and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control
program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion
report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other
government which may be part of an export-prohibited country identified in applicable export and import
laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network
Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological
weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would
be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
BlkAlchemy (Black Alchemy) shall not lay claim to ownership of any content submitted by any visitor, member,
or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and
allow for BlkAlchemy (Black Alchemy) the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of BlkAlchemy
(Black Alchemy)’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of BlkAlchemy (Black Alchemy)’s
sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible
areas of BlkAlchemy (Black Alchemy)’s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services
are for the sole purpose of providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as you are a member of
BlkAlchemy (Black Alchemy)’s sites and shall terminate at such time when you elect to discontinue your
membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
BlkAlchemy (Black Alchemy)’s sites, the continuous, binding and completely sub-licensable license
which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the incorporation of any such
Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of BlkAlchemy (Black Alchemy)’s sites are those
such areas of our network properties which are meant to be available to the general public, and which would
include message boards and groups that are openly available to both users and members. However, those areas
which are not open to the public, and thus available to members only, would include our mail system and instant
messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
BlkAlchemy (Black Alchemy) provides an area for our users and members to contribute feedback to our
website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) BA shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied,
related to any Contributions;
c) BA shall be entitled to make use of and/or disclose any such Contributions in any such manner as they
may see fit;
d) the contributor’s Contributions shall automatically become the sole property of BA; and
e) BA is under no obligation to either compensate or provide any form of reimbursement in any manner or
nature.
INDEMNITY
All users and/or members herein agree to insure and hold BlkAlchemy (Black Alchemy), our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from
any content a member or user of our site may submit, post, modify, transmit or otherwise make available through
our Services, the use of BA Services or your connection with these Services, your violations of the Terms of
Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to BA’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that BlkAlchemy (Black Alchemy) may set up any such practices and/or limits
regarding the use of our Services, without limitation of the maximum number of days that any email, message
posting or any other uploaded content shall be retained by BlkAlchemy (Black Alchemy), nor the maximum
number of email messages that may be sent and/or received by any member, the maximum volume or size of any
email message that may be sent from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on BlkAlchemy (Black Alchemy)’s servers on the member’s behalf, and/or the
maximum number of times and/or duration that any member may access our Services in a given period of time.
In addition, you also agree that BlkAlchemy (Black Alchemy) has absolutely no responsibility or liability for the
removal or failure to maintain storage of any messages and/or other communications or content maintained or
transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any
account that is no longer active for an extended period of time. Furthermore, BlkAlchemy (Black Alchemy)
shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with
whom you communicate with the ability to save your conversations in your account located on BlkAlchemy
(Black Alchemy)’s servers. In this manner, you will be able to access and search your message history from any
computer with internet access. You also acknowledge that others have the option to use and save conversations
with you in their own personal account on www.blkalchemy.com. It is your agreement to this TOS which
establishes your consent to allow BlkAlchemy (Black Alchemy) to store any and all communications on its
servers.
MODIFICATIONS
BlkAlchemy (Black Alchemy) shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of www.blkalchemy.com, you may cancel or terminate your account, associated email address
and/or access to our Services by submitting a cancellation or termination request to info@blkalchemy.com.
As a member, you agree that BlkAlchemy (Black Alchemy) may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to
any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall
include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
www.blkalchemy.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of
access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third
party with regards to the termination of your account, associated email address and/or access to any of our
Services.
The termination of your account with www.blkalchemy.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within www.blkalchemy.com;
b) the deletion of your password and any and all related information, files, and any such content that may be
associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on
or through our Services, which may include the payment and/or delivery of such related goods and/or Services,
and any such other term, condition, warranty and/or representation associated with such dealings, are and shall
be solely between you and any such advertiser. Moreover, you herein agree that BlkAlchemy (Black Alchemy)
shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result
of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either BlkAlchemy (Black Alchemy) or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising
or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge
and agree that BlkAlchemy (Black Alchemy) shall not be responsible or liable, directly or indirectly, for any
such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use
of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that BlkAlchemy (Black Alchemy)’s Services and any essential software
that may be used in connection with our Services (“Software”) shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or information
presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as
authorized by BlkAlchemy (Black Alchemy) or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are
based on BlkAlchemy (Black Alchemy) Services (e.g. Content or Software), in whole or part.
BlkAlchemy (Black Alchemy) herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do not, and shall not,
allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse
assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree
not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions
of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our
Services. Lastly, you also agree not to access or attempt to access our Services through any means other than
through the interface which is provided by BlkAlchemy (Black Alchemy) for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF BLKALCHEMY (BLACK ALCHEMY) SERVICES AND SOFTWARE ARE AT THE
SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”
AND/OR “AS AVAILABLE” BASIS. BLKALCHEMY (BLACK ALCHEMY) AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b) BLKALCHEMY (BLACK ALCHEMY) AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
BLKALCHEMY (BLACK ALCHEMY) SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) BLKALCHEMY (BLACK ALCHEMY) SERVICES OR SOFTWARE SHALL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH
MAY BE OBTAINED FROM THE USE OF THE BLKALCHEMY (BLACK ALCHEMY) SERVICES
OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR
OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL
BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF
BLKALCHEMY (BLACK ALCHEMY) SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION
WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,
DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT
FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY
BE OBTAINED BY YOU FROM BLKALCHEMY (BLACK ALCHEMY) OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC
SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY
BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN
CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED
EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE
OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE
AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BLKALCHEMY (BLACK
ALCHEMY) AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR
DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release BlkAlchemy (Black Alchemy) (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims,
demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or
unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments or securities, please review the
above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of
information, the phrase “Let the investor beware” is appropriate. BlkAlchemy (Black Alchemy)’s content is
provided primarily for informational purposes, and no content that shall be provided or included in our Services
is intended for trading or investing purposes. BlkAlchemy (Black Alchemy) and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall
be no third-party beneficiaries to this agreement.
NOTICE
BlkAlchemy (Black Alchemy) may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be herein after developed. Any such
notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized
manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and
all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the BlkAlchemy (Black Alchemy) trademarks,
copyright, trade name, service marks, and other BlkAlchemy (Black Alchemy) logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property of BlkAlchemy
(Black Alchemy). You herein agree not to display and/or use in any manner the BlkAlchemy (Black Alchemy)
logo or marks without obtaining BlkAlchemy (Black Alchemy)’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
BlkAlchemy (Black Alchemy) will always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole discretion, BlkAlchemy (Black
Alchemy) may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the
rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated, you should
provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the
copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed
upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the
copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The BlkAlchemy (Black Alchemy) Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
BlkAlchemy (Black Alchemy)
Attn: Copyright Agent
350731
Jamaica, New York 11435
Telephone:
Email: info@blkalchemy.com
CLOSED CAPTIONING
BE IT KNOWN, that BlkAlchemy (Black Alchemy) complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more information,
please visit our website at www.blkalchemy.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and BlkAlchemy (Black Alchemy) and shall govern the
use of our Services, superseding any prior version of this TOS between you and us with respect to BlkAlchemy
(Black Alchemy) Services. You may also be subject to additional terms and conditions that may apply when you
use or purchase certain other BlkAlchemy (Black Alchemy) Services, affiliate Services, third-party content or
third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and BlkAlchemy (Black Alchemy) with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of New York without regard to its
conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating
to the TOS, or the relationship between you and BlkAlchemy (Black Alchemy), shall be filed within the courts
having jurisdiction within the County of Queens, New York or the U.S. District Court located in said state. You
and BlkAlchemy (Black Alchemy) agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue
in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should BlkAlchemy (Black Alchemy) fail to exercise or enforce any right or provision of the TOS,
such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full
force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or
contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your
account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action
arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or
cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to BlkAlchemy (Black Alchemy) as follows:
Mailing Address:
BlkAlchemy (Black Alchemy)
350731
Jamaica, New York 11435
Telephone:
Email: info@blkalchemy.com