Last updated: May 12, 2017
These Terms and Conditions ("Terms", "Terms and Conditions")
govern your relationship with the https://www.blackghostaudio.com
website (the "Service") operated by Black Ghost Audio ("us", "we", or
"our").
Please read these Terms and Conditions carefully before using the
Service.
Your access to and use of the Service is based on your acceptance of
and compliance with these Terms. These Terms apply to all visitors,
users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these
Terms and accept all legal consequences. If you do not agree to
these terms and conditions, in whole or in part, please do not use the
Service.
If you wish to purchase any product or service made available through
the Service ("Purchase"), you may be asked to supply certain
information relevant to your Purchase including, without limitation,
your credit card number, the expiration date of your credit card, your
billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any
credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct
and complete.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion
of Purchases.
We reserve the right to refuse or cancel your order at any time for
certain reasons including but not limited to: product or service
availability, errors in the description or price of the product or service,
error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected. We will not be held
responsible or liable for any failure for the Purchase to complete, or
any resulting loss or damages to you.
In order to provide exceptional service, and accuracy, we regularly
update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of
any information, including prices, product images, specifications,
availability, and services. We reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any
time without prior notice.
Despite our best efforts, the products or services available on our
Service may have an error regarding the price, be inaccurately
described, or be unavailable.
We may experience delays in updating information on the Service and
in our advertising on other websites.
Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Service may be governed
by rules that are separate from these Terms. If you participate in any
Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms, the
Promotion rules will apply.
Promotions may be available for a limited time.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Black Ghost Audio and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Black Ghost Audio. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Black Ghost Audio or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
The Service may contain links to third-party web sites or services that
are not owned or controlled by Black Ghost Audio.
Black Ghost Audio has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party web
sites or services. You further acknowledge and agree that Black
Ghost Audio shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or
services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy
policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately,
without prior notice or liability, for any reason whatsoever, including,
without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Upon termination, your right to use the Service will immediately
cease.
You agree to indemnify, defend and hold harmless Black Ghost
Audio, its principals, officers, directors, representatives, employees,
contractors, licensors, licensees, suppliers and agents, from and
against any claims, losses, damages, losses, obligations, costs,
actions or demands.
These include but are not limited to: (a) legal and accounting fees
resulting from your use of the Service; (b) your breach of any of these
Terms; and (c) anything you post on or upload to the Service.
Black Ghost Audio, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third- party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Black Ghost Audio makes no guarantees, representations or
warranties of any kind as regards the website and associated
technology. Any purportedly applicable warranties, terms and
conditions are excluded, to the fullest extent permitted by law. Your
use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without
warranties of any kind, whether express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular
purpose, non-infringement or course of performance, except as
provided for under the laws of any province in Canada. In such cases,
the provincial law shall apply to the extent necessary.
Black Ghost Audio its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or
available at any particular time or location; b) any errors or defects will
be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your
requirements.
If you breach any of these Terms and Black Ghost Audio chooses not
to immediately act, or chooses not to act at all, Black Ghost Audio will
still be entitled to all rights and remedies at any later date, or in any
other situation, where you breach these Terms. Black Ghost Audio
does not waive any of its rights. Black Ghost Audio shall not be
responsible for any purported breach of these Terms caused by
circumstances beyond its control. A person who is not a party to these
Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your
rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in
accordance with, the laws in the Province of Manitoba and the laws of
Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable
by a court of competent jurisdiction, then any remaining provisions of
these Terms will remain in effect. These Terms constitute the entire
agreement between us regarding our Service, and supersede and
replace any prior agreements, oral or otherwise, regarding the
Service.
We reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material we will make reasonable
efforts to provide at least 30 days' notice prior to any new terms taking
effect. What constitutes a material change will be determined at our
sole discretion.
By continuing to access or use our Service after those revisions
become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, in whole or in part, please stop using
the website and the Service.
If you have any questions about these Terms and Conditions, please contact us by email at support@blackghostaudio.com
