I. Affiliate Disclosure
“Our website, Blackandise.com, contains affiliate marketing links, which means we may get paid commission on sales of those products or services we write about. Our editorial content is not influenced by advertisers or affiliate partnerships. This disclosure is provided in accordance with the Federal Trade Commission’s 16 CFR § 255.5: Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
Additionally, Blackandise.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Amazon and the Amazon logo are trademarks of Amazon.com, Inc., or its affiliates.
Blackandise.com (“Blackandise”), owns and operates the website www.Blackandise.com (the “Site”) and is the sole owner of the information collected on the Site.
2. Information collected through the Site.
If you choose to use extended features of our Site, you must first complete the registration form and create a username and password. During registration and use of the Site, you are required to give contact information and other Personal Data. Such types of information and the points at which they are collected include:
A. Personal Data
 Registered Users. For Users wishing to make use of extended features of our Site, registration may be required to give us some Personal Data which may include your name and email address. Such registration information is used to provide access to the Site and contact you when necessary.
 Non-Registered Users. While no Personal Data may be requested of Users wishing to make use of our Site without registering, other data may be collected in association with the use of our Site. This information is described below.
B. Other Information
Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated in order to ensure the proper functionality of the Site.
3. Our Use of Your Personal Data and Other Information
4. Our Disclosure of your Personal Data and Other Information
 Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
 Related Companies. We may also share your Personal Data with Blackandise related companies for the same purpose as the use by Blackandise itself. Namely, such Personal Data may be used by the Blackandise related companies to improve the content and functionality of the Site, to better understand our users, and to improve or deliver our services.
 Agents, Consultants, and Related Third Parties. Blackandise, like many businesses, sometimes hires other companies to perform certain business-related functions. We may use third-party companies to provide mailing services, database maintenance, payment processing, and identity verification. When you register for the Site, we will only share your Personal Data, such as your email, necessary for the third party to provide such services. Those third parties are prohibited from using your personally identifiable information for any other purpose.
Other than the agents, consultants and related third parties described above, Blackandise will not share, rent or trade Personal Data with any third parties for their promotional purposes.
 Legal Requirements. We reserve the right to disclose your Personal data as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us or our Site.
Blackandise may also disclose your Personal Data in the good faith belief that such action is necessary to (i) protect and defend the rights or property of Blackandise, (ii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iii) protect against legal liability.
 Consent. Except as set forth above, you will be notified when your personal Data may be shared with third parties and will be able to prevent the sharing of this information.
If your Personal Data changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on the Site. Alternatively, you may email our Customer Support staff or contact us by telephone or regular mail at the contact information listed below.
5. External Links
Our Site may provide links to various third-party websites. However, even if a third-party affiliation exists between our site and that destination site, we do not exercise authority over these linked sites, each of which maintains independent privacy and data collection policies and procedures. We do not assume responsibility or liability and are not responsible for the independent policies and procedures of destination sites. Similarly, we cannot take responsibility for the privacy initiatives or the content of such websites. However, we wish to ensure the integrity of our site and any destination links, so any comments pertaining to any website accessed through these links are greatly appreciated.
Blackandise respects the sensitive nature of children’s privacy online. We do not direct any of our content or services, nor do we knowingly collect Personal Data from children under the age of 13. If you are under thirteen, please do not submit any Personal Data through the Site. If you have reason to believe that a child under the age of 13 has provided Personal Data to Blackandise through the Site, please contact us and we will endeavor to delete that information from our databases.
We employ reasonable security measures to protect against the loss, misuse, and alteration of the personal Data under our control. Data is stored in a secured database and always sent via an encrypted protocol when supported by your browser. However, no Internet or email transmission is ever fully secure or error-free. In particular, email sent to or from the Site may not be secure. Therefore, you should take special care in deciding what information you send to us via email.
We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes when we ask you for this information. If you need to unsubscribe to any of our communications, email us at firstname.lastname@example.org.
11. Other Terms and Conditions
12. Contacting Us:
Blackandise.com (“Blackandise”) provides users the ability to discover and purchase unique products through our website. Those services are provided subject to the following terms and conditions.
Please review our Privacy Notice to understand our privacy practices.
Blackandise may revise these Terms at any time by posting an updated version to the Site. You should visit this page periodically to review the most current Terms because they are binding on You. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing the Site for any reason. The term “Post” as used herein shall mean information that You submit, publish, or display on the Site.
By visiting the Site and accepting these Terms, You represent and warrant to Blackandise that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Blackandise that You will use the Site in a manner consistent with any and all applicable laws and regulations.
Blackandise grants you a non-exclusive, non-transferable, limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Blackandise. This license allows people searching for unique products and gifts to purchase those products for personal use. Users are further prohibited from making any derivative use of the Site or its Content; downloading or copying any account information or listing information for the benefit of any third party; or using any “robots,” “spiders,” or similar data-gathering, data-mining, or data extraction tools. All content on the Site is the property of Blackandise, and no portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Blackandise.
Any unauthorized use terminates the permission or license granted by Blackandise and may result in both civil and criminal liability.
5. SITE RESTRICTIONS
Users may not use the Site in order to transmit, post, distribute, store or destroy material, including, without limitation, comments and reviews (the “Content”) (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following activities: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; or (iv) forgoing any TCP/IP packet header or any part of the header information in any email or posting on the Site. Attempts to violate system or network security immediately terminate the permission or license granted by Blackandise and may result in civil and/or criminal liability.
6. PROHIBITED USES
Listing of available products on the Site may be used only for lawful purposes by Users of the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, copyrighted image, or other proprietary information (including images, text, page layout, or form) of Blackandise without express written consent. You may not use any meta tags or any other “hidden text” utilizing Blackandise’s name or trademarks without the express written consent of Blackandise. You agree not to sell or modify any content found on the Site including, but not limited to, names of Users and Content, or to reproduce, display, publicly perform, distribute, or otherwise use the Content, in any way for any public purpose, in connection with products or services that are not those of Blackandise, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Blackandise or its licensors, that dilutes the strength of Blackandise’s or its licensor’s property, or that otherwise infringes Blackandise’s or its licensor’s intellectual property rights. You further agree to in no other way misuse the Content that appears on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Blackandise creates to generate or display any Content of the pages making up the Site is also protected by Blackandise’s copyright, and you may not copy or adapt such code.
Blackandise has no duty to monitor any materials posted, transmitted, or communicated to or with the Site. If you believe that something on the Site violates these Terms please contact our designated agent as set forth below.
If notified by a User of any materials which allegedly do not conform to these Terms, Blackandise may in its sole discretion investigate the allegation and determine whether to take any other actions or remove or request the removal of the Content. Blackandise has no liability or responsibility to Users for performance or nonperformance of such activities.
7. ELECTRONIC COMMUNICATION
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements notices, disclosure, and other communicates that we provide to you electronically satisfy any legal requirements that such communications be in writing.
All content included on this Site, such as text, graphics, logos, icons, images, data compilations, and software, is the property of Blackandise or its content suppliers and protected by the United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Blackandise and protected by U.S. and international copyright laws. All software used on this Site is the property of Blackandise or its software suppliers and protected by U.S. and international copyright laws.
Blackandise.com, Blackandise, and other Blackandise graphics, logos, page headers, icons, images, and service names are trademarks, registered trademarks, or trade dress of Blackandise in the U.S. and/or other countries. Blackandise’s trademarks and trade dress may not be used in connection with any product or service that is not Blackandise’s, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Blackandise. All other trademarks not owned by Blackandise that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Blackandise.
10. YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You also agree to not disclose any personally identifiable data, including, but not limited to, first and last names, credentials, or other information of a personal nature (“Personal Data”) obtained from the Site. Your disclosure of any Personal Data obtained from the Site may result in the immediate termination of your account. Blackandise further reserves the right to refuse service, terminate accounts and remove or edit Content at its sole discretion.
Blackandise does not represent or guarantee the truthfulness, accuracy, or reliability of Content on the site, including Personal Data. Each User is responsible for updating and revising any relevant account information when necessary to maintain the truthfulness, accuracy, or reliability of the information.
11. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Registered Users of the Site may post reviews and comments of a product or service purchased via the Site, so long as the Content is not illegal, obscene, threatening, defamatory, an invasion of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain commercial solicitation, mass mailings, or any form of “spam.” You may not use another User’s account to impersonate a User or entity or otherwise mislead as to the origin of the remarks. Blackandise reserves the right (but is not obligated) to remove or edit such Content but does not regularly review posted Content.
If you post a review or submit comments, and unless Blackandise indicates otherwise, you grant Blackandise a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world, in any media. You grant Blackandise and sublicensees the right to use your name in connection with such Content if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Blackandise for all claims resulting from Content You supply. Blackandise has the right but not the obligation to monitor and edit or remove any activity or Content. Blackandise takes no responsibility and assumes no liability for any content posted by You or any third party.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Site acts as a venue for Users to purchase unique products or services. Neither Blackandise nor the Site has control over the quality or fitness for a particular purpose of a product. Blackandise also has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted information and makes no representations or warranties about any information on the Site
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Blackandise ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Blackandise MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Blackandise DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Blackandise DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Blackandise ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Blackandise WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO CIRCUMSTANCE SHALL Blackandise’s LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), EXCEED $100.
You agree to defend, indemnify, and hold harmless Blackandise, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal, accounting, and other service provider fees, alleging or resulting from (i) any Content or other material You provide to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Blackandise shall provide notice to You promptly of any such claim, suit, or proceeding.
14. APPLICABLE LAW
Any dispute relating in any way to Your visit to the Site or to services obtained through the Site shall be adjudicated in any state or federal court having jurisdiction over Houston, Texas, and You consent to exclusive jurisdiction and venue of such courts.
16. SITE POLICIES, MODIFICATION, AND SEVERABILITY