Black Diamond Service Terms and Conditions
The terms and conditions ("Terms and Conditions") in this document ("Agreement") describe and stipulate the provisions which govern and regulate the legal relationship between Black Diamond IP DAC (“Black Diamond”) and/or Black Diamond's Subsidiaries as provider of the Services and you as user of the Services ("You" or "User").
You should read these Terms and Conditions carefully and should not accept these Terms and Conditions or register for, access or use the Services (collectively as "Use" of the Services) unless You agree to the Terms and Conditions. Black Diamond does not store an individual copy of this Agreement entered into with You and we recommend that You save a local copy of this Agreement for Your own record.
You may not Use the Services if You are a (a) person who is not of legal age to form a binding contract with Black Diamond or (b) person who is barred from receiving the Services under the laws of any country including the country in which You are a resident or from which You are using the Services.
In this Agreement:
"Services" or "Service" means the ARC, Room Creator, the Editor, and all services described in more detail in Black Diamond's http://account.blackdiamondreality.com, as updated from time to time, and excluding any service rendered or provided to You under a separate agreement; and
"Black Diamond's Subsidiaries" means all legal entities, companies, corporations, firms, partnerships or other entities that are controlled by Black Diamond or are under common control with Black Diamond. The term "controlled" means the ability to direct the management of the relevant entity.
How You may accept the Terms and Conditions,
How Black Diamond may change the Terms and Conditions, and
How You or Black Diamond may terminate the Terms and Conditions
1. Acceptance of the Terms and Conditions
1.1. Before You are permitted to Use the Services You are required to accept the Terms and Conditions and any Special Terms, as the case may be. Typically, Terms and Conditions and any Special Terms are accepted by clicking or tabbing the "accept" button if such button or function is available or present via the user interface for the respective Service.
1.2. You also accept the Terms and Conditions or any Special Terms when You actually start to Use the Services. In this case You understand that You are bound by and Black Diamond will treat You as bound by the Terms and Conditions from the moment You start using the Services.
2. Changes to the Terms and Conditions
2.1. Black Diamond is permitted to amend or alter the Terms and Conditions from time to time.
2.2. Black Diamond will notify You with at least 15 days prior notice ("Notification Period") of any material changes of the Terms and Conditions and will provide You with a copy of the revised Terms and Conditions either by the use of Your email address provided to Black Diamond as part of the Registration Data or by any other suitable means which ensure that You will be able to take notice of the revised Terms and Conditions.
2.3. After the Notification Period has passed You will be prompted to accept the revised Terms and Conditions, typically by clicking or tabbing the "accept" button if such button or function is available or present via the user interface for the respective Service. You may not continue to Use the Services unless You accept the revised Terms and Conditions and You understand that due to the SingleSignOn process (see clause 12.2 below) You will not be able to continue to Use any of the Services unless you accept the revised Terms and Conditions.
2.4. You also accept the revised Terms and Conditions when You continue to Use the Services after the Notification Period has passed. In this case You are bound by and Black Diamond will treat You as bound by the revised Terms and Conditions from the date on which the revised Terms and Conditions entered into effect. You are free to end this Agreement at any time should You choose not to accept the revised Terms and Conditions.
3. Termination of the Terms and Conditions; Consequences of termination
3.1. This Agreement remains in effect unless and until terminated either by You or Black Diamond, as the case may be.
3.2. You can terminate this Agreement at any time by closing Your User account for the Services which Black Diamond made, as an option, available to You.
3.3. Black Diamond may terminate this Agreement at any time by providing a 30 days prior written notice of cancellation to the email address provided to Black Diamond as part of Your Registration Data or by any other suitable means which ensure that You will be able to take notice of the cancellation.
3.4. Black Diamond is entitled to terminate this Agreement at any time and without observing any notice period if:
a. You are in breach of the Terms and Conditions;
b. You have clearly demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with the Terms and Conditions;
c. Black Diamond, (including Black Diamond's Subsidiaries) or any supplier or partner of Black Diamond providing the Services to or together with Black Diamond decide to terminate the provision of the Services or any parts thereof (either worldwide or in the country where You are a resident or from where You are Using the Services) or if any supplier or partner of Black Diamond decides to terminate the entire relationship with Black Diamond and regardless of the reason of such termination, including where Black Diamond or any supplier or partner of Black Diamond are of the opinion that the provision of the Services or parts thereof to You or to Black Diamond or together with Black Diamond are no longer commercially feasible; and
d. Black Diamond (including Black Diamond's Subsidiaries) or any supplier or partner of Black Diamond providing the Services to or together with Black Diamond are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful).
3.5. The termination of this Agreement shall have no prejudice to any rights, obligations and liabilities that You or Black Diamond have accrued or incurred during the term of this Agreement.
3.6. You are not permitted to Use the Services if You do not accept the revised Terms and Conditions or after this Agreement comes to an end, for example, due to termination by either You or Black Diamond.
3.7. Black Diamond will, however, allow You to backup Your User Content stored with Black Diamond through the Use of the Services should You choose not to accept the revised Terms and Conditions or if You terminate this Agreement pursuant to clause 3.2. You understand that Black Diamond may delete Your User Content after a reasonable backup period has lapsed ("Backup Grace Period"). Different Backup Grace Periods may apply depending on the specific Service and the efforts required to backup the particular User Content.
How You may Use the Services and
How Black Diamond may use Your content or how You may use Black Diamond's content
4. Provision of the Services and limitations of usage
4.1. The Services are provided to You by Black Diamond and Black Diamond's Subsidiaries.
4.2. Unless otherwise specified in this Agreement You are permitted to Use the Services for personal and non-commercial use and purposes only and You will not reproduce, duplicate, copy, sell, trade or resell any of the Services or parts thereof.
4.3. When You Use the Services You will at all times observe these Terms and Conditions and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where You are a resident or from where You are using the Services.
4.4. Black Diamond may at any time and in its sole discretion without prior warning or notice:
a. change the Services or suspend and/or cease providing the Services or any part of the Services;
b. disable or suspend Your Use of the Services including access to Your User account(s) and any files or other content contained in Your account(s) either temporarily or permanently;
c. set a limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to You; and
d. pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services.
4.5. Black Diamond will use commercially reasonable efforts to (a) ensure that the Services are available to You without undue disruption, interruption or delay and (b) keep any disruption, interruption or delay of the Services to a minimum.
4.6. You are not permitted to Use any of the Services (including any attempts to do so) other than through the interface made available to You by Black Diamond and You will not Use the Services (including any attempts to do so) through any automated tools (including software and/or hardware), functions, services or otherwise (including scripts or web crawlers).
4.7. You will comply with and follow all instructions made available to You by Black Diamond in connection with the Services and You will not engage in any activity that may cause interference with or disruption to the Services or any servers, networks or other equipment connected to the Services.
4.8. Some of the Services can be used or are particularly useful when used over mobile networks. You should be aware that Your network provider may charge You for access to its network, the duration of Your mobile phone's/ mobile device's connection to the network and the data volume used to Use the Services. You are entirely responsible to check with Your network provider whether any such costs may apply before Using the Services in this respect.
5.1. You agree that Black Diamond, as part of the Services, places or displays to You advertisements, promotion materials or other content and materials or products for promotional purposes.
5.2. In any event, Black Diamond will only send You marketing emails or newsletters and will only try to contact You directly by phone for marketing purposes where you have explicitly opted to receive such information and communication, for example, when You registered for the Services.
6. Software and software updates and updates to the Services
Black Diamond may automatically download and install updates from time to time (including firmware updates for the devices you registered with the Services) ("Software Updates"). Such Software Updates may be in various forms and are generally provided for the purposes of improving the performance, security and reliability of the Services or any product or device used to access the Services. Such updates may include bug fixes, enhancements to the Services or parts thereof, products or devices and updates and enhancements to any software previously installed (including entirely new versions).
7. Content provided in the Services and content rights
7.1. All content that is made available in the Services or accessible as part of or by the Use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is entirely the responsibility of the originator of such Content. The Content may include advertisements, promotional material and documents or other sponsored Content.
7.2. The Content may be protected by proprietary or intellectual property rights of third parties (such as partners, advertisers and sponsors or their agents who provide such Content to Black Diamond). You are not permitted to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) or to grant licenses in the Content.
7.3. You understand that by using the Services You are exposed to the risk that You may find some Content offensive, indecent or objectionable and that any Use of the Services as regards such exposure is entirely at Your own risk.
8. User Content and User Content License
8.1. By uploading, transmitting, creating, posting, displaying or otherwise providing any information, materials, documents, media files or other content on or through the Services ("User Content") You permit Black Diamond, Black Diamond's Subsidiaries and other Users of the Services to use the User Content to the extent that this is required for the provision of the Services, and in this respect grant Black Diamond, Black Diamond's Subsidiaries and other Users of the Services an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, digitize, publish, publicly perform and publicly display the User Content ("User Content License"), such User Content License in any event to be limited, however, to the purposes of the Services.
8.2. The User Content License shall include a right for Black Diamond and Black Diamond's Subsidiaries to (a) perform all technical steps necessary to process and prepare the User Content for use in the Services, including any modification and/or adaption required to provide the Services to Users and/or to transmit or distribute the User Content over public networks and in media and (b) make available and sublicense the User Content to third parties for the use of the User Content in connection with the provision of the respective services by these third parties.
8.3. Black Diamond does not claim ownership of the User Content and You will retain any copyright and any other rights to any User Content provided by You on or through the Services.
8.4. Any protection and enforcement of any intellectual property rights which exist or pertain to the User Content are entirely Your responsibility and Black Diamond is not obliged to protect and enforce the User Content on Your behalf.
8.5. You are entirely responsible to backup Your User Content stored with Black Diamond or through the Services to another location outside the Services (e.g. by means of creating local copies or backups with specialized online backup services) to avoid loss of Your User Content and other data.
9. Black Diamond Services License
9.1. Black Diamond, Black Diamond's Subsidiaries and/or any supplier or licensor of Black Diamond are the owners and shall be entitled to all proprietary rights which may exist in the Services, including all legal right, title and interest in and to the Services, and all intellectual property rights worldwide, regardless of whether registered/legally secured or not.
9.2. Black Diamond grants You a worldwide, non-transferrable, non-assignable, non-exclusive, personal and royalty free license to Use the Services (including any software, products or materials provided to You as part of the Services) and in the form provided to You by Black Diamond ("Black Diamond License"). The Black Diamond License entitles You to enjoy the benefits of the Services in accordance with these Terms and Conditions.
9.3. Except for the rights granted to You in this Agreement, Black Diamond retains all rights in or pertaining to the Services.
9.4. You are not permitted to (a) grant any other User or third party a license to Use the Services or otherwise to access Your account or the Services, (b) Use the Services to provide services to other Users or any other third parties or (c) otherwise assign, grant a sublicense in, or grant a security interest in or over the Black Diamond License or any rights under it, loan or lease the Services and/or the Black Diamond License, or otherwise transfer the Black Diamond License or any rights under it to any third party.
9.5. You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Black Diamond Services (or any part of it), unless expressly permitted by Black Diamond in writing, or to the extent permitted under the laws applicable to You, and You will not permit or grant a license to any third party to do so.
10.1. You are not entitled to use any of Black Diamond's (including Black Diamond's Subsidiaries) trade names, trademarks, service marks, logos, domain names, or other distinctive brand features ("Black Diamond's Brands") without Black Diamond's prior written consent. To the extent that You are entitled to use Black Diamond's Brands under a separate written agreement with Black Diamond, such use is only permitted in accordance with such separate agreement.
10.2. You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, service marks, trade names, logos or other marks of Black Diamond, Black Diamond's Subsidiaries or any third party (including copyright and trade mark notices) which pertain to, are affixed to or which are contained within the Services and You agree not to use any such signs, trademarks, service marks, trade names, logos or other marks of Black Diamond, Black Diamond's Subsidiaries or any third party in a way that is intended to, likely to or foreseeable to mislead others or cause confusion about the owner, license holder or authorized User, as the case may be, of such marks, names or logos.
What You should know about your Registration Data, Account Data and privacy
11. Registration data and Users account
11.1. When You Use the Services You may be required to provide information about Yourself before You can continue to Use the Services ("Registration Data").
11.2. You agree to provide accurate, current and complete Registration Data and to update Your Registration Data as required in order to keep it accurate, current and complete.
12. Passwords and account security
12.1. In order to Use the Services You are required to open a User account and to provide a User ID and password ("Account Data").
12.2. Black Diamond implemented an integrated registration solution through a single sign on process ("SingleSignOn"). SingleSignOn means that once You open a User account with Black Diamond You automatically register for all Services which, amongst others, eliminates the need to maintain separate User accounts and User ID's for each individual Service.
12.3. You will keep your Account Data safe and secure at all times and prevent unauthorised access to your Account Data and your account by third parties, in particular by avoiding obvious User IDs or passwords, by changing your password regularly and by ensuring that you do not disclose your password(s) or grant any other User or third party access to your Account Data or your account.
12.4. Black Diamond may follow any instructions given by You and may regard any instructions (a) received from or issued by a User or third party using or providing your Account Data or (b) which are attributable to You or Your Account Data as Your instructions.
12.5. You agree not to use any Account Data or account of any other User or person than Yourself without permission of the User or person holding the respective account.
12.6. You will notify Black Diamond immediately by email to firstname.lastname@example.org upon becoming aware of any unauthorized use of any of Your Registration Data or Account Data or any other breach of security.
12.7. You can access and change Your Registration Data or Account Data at any time by either accessing the respective Black Diamond account application on your device or by visiting and logging in at http://www.blackdiamondreality.com
13. Privacy and protection of personal data
How You and Black Diamond are liable under these Terms and Conditions
14. YOUR WARRANTIES AND REPRESENTATIONS
14.1. YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY BLACK DIAMOND AND BLACK DIAMOND'S SUBSIDIARIES). IN PARTICULAR, YOU WARRANT AND REPRESENT TO BLACK DIAMOND THAT:
A. YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT BLACK DIAMOND THE USER CONTENT LICENSE;
B. THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS;
C. THE USER CONTENT WILL NOT CONTAIN ANY MATERIAL WHICH IS HARMFUL, INACCURATE, PORNOGRAPHIC, ABUSIVE, OBSCENE, THREATENING, DEFAMATORY, OR WHICH IS OTHERWISE ILLEGAL OR WHICH DOES NOT COMPLY WITH APPLICABLE LAW OR BLACK DIAMOND'S CONTENT GUIDELINES;
D. THE USER CONTENT WILL NOT CONTAIN ANY VIRUSES OR OTHER HARMFUL SOFTWARE, CODE OR SIMILAR MEANS AND DEVICES WHICH COULD DAMAGE, HARM, DISABLE OR OTHERWISE IMPACT OR LIMIT THE FUNCTION AND PERFORMANCE OF THE SERVICES AND/OR ANY DEVICE ACCESSING SUCH USER CONTENT. REGARDLESS OF WHETHER THIS DEVICE BELONGS TO BLACK DIAMOND OR ANY OTHER USER OR THIRD PARTY INCLUDING SERVER, NETWORKS NODES OR ANY SIMILAR EQUIPMENT;
E. THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER THE LAWS OF ANY COUNTRY, INCLUDING THE COUNTRY IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU ARE USING THE SERVICES; AND
F. THE USE OF THE USER CONTENT BY BLACK DIAMOND OR BLACK DIAMOND'S SUBSIDIARIES WILL NOT IMPOSE ANY OBLIGATION UPON BLACK DIAMOND OR BLACK DIAMOND'S SUBSIDIARIES TO PAY ANY KIND OF MONETARY CONTRIBUTION (INCLUDING LICENSE FEES, DUES OR OTHERWISE) TO ANY THIRD PARTY (IN PARTICULAR COLLECTING SOCIETIES).
14.2. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BLACK DIAMOND AND THE BLACK DIAMOND SUBSIDIARIES FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED BY BLACK DIAMOND AND THE BLACK DIAMOND SUBSIDIARIES AS A RESULT OF ANY BREACH OF THESE WARRANTIES.
15. BLACK DIAMOND'S WARRANTIES AND REPRESENTATIONS
15.1. UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, BLACK DIAMOND, THE BLACK DIAMOND SUBSIDIARIES, AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS PROVIDE THE SERVICES ON BEST EFFORT BASIS ONLY AND EXCLUDE ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESSLY OR IMPLIED. IN PARTICULAR BUT WITHOUT LIMITATION, BLACK DIAMOND, THE BLACK DIAMOND SUBSIDIARIES, AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS DO NOT WARRANT OR REPRESENT THAT:
A. THE SERVICES ARE FIT FOR ANY PURPOSE OR MEET YOUR REQUIREMENTS OR ARE PROVIDED TO YOU WITHOUT ANY ERRORS OR DEFICIENCIES OR THAT THEY ARE IN COMPLIANCE WITH ANY QUALITY LEVELS, AS THE CASE MAY BE;
B. THE SERVICES ARE AVAILABLE TO YOU AT ANY TIME AND PROVIDED TO YOU WITHOUT DISRUPTION, INTERRUPTION OR DELAY;
C. THE SERVICES DO NOT INFRINGE ANY COPYRIGHT OR VIOLATE ANY LAWS WHETHER IN THE COUNTRY WHERE YOU ARE A RESIDENT OR ELSEWHERE IN THE WORLD;
D. ANY INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM BLACK DIAMOND OR AS A RESULT OF YOUR USE OF THE SERVICES (INCLUDING ANY MATERIALS OR PRODUCTS) WILL BE SUITABLE, ACCURATE, COMPLETE, OR RELIABLE; AND
E. THAT ANY DEFICIENCIES IN THE SERVICES, INCLUDING ANY DEFECTS IN PERFORMANCE, OPERATION OR FUNCTIONALITY OF THE SERVICES OR ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE FIXED, CORRECTED OR OTHERWISE REMEDIED.
15.2. ANY DOCUMENTS OR MATERIAL (INCLUDING ANY SOFTWARE AND FIRMWARE UPDATES) DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE PROVIDED BY BLACK DIAMOND "AS IS" AND AT YOUR OWN RISK. BLACK DIAMOND IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR MOBILE PHONE'S, SOFTWARE, COMPUTER SYSTEM OR OTHER DEVICE OR DEVICE'S SOFTWARE OR ANY LOSS OF DATA THAT IS CAUSED BY OR RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH DOCUMENTS AND/OR MATERIAL.
16. YOUR LIABILITY
16.1. YOU ARE ENTIRELY RESPONSIBLE FOR ANY BREACH OF YOUR OBLIGATIONS UNDER
A. THESE TERMS AND CONDITIONS; AND
B. ANY APPLICABLE LAW OR REGULATION IN THE RELEVANT JURISDICTIONS, INCLUDING THE JURISDICTION WHERE YOU ARE A RESIDENT OR FROM WHERE YOU ARE USING THE SERVICES
AND FOR THE CONSEQUENCES OF ANY SUCH BREACH, INCLUDING ANY LOSS OR DAMAGE WHICH BLACK DIAMOND OR ANY THIRD PARTY MAY INCUR OR SUFFER. BLACK DIAMOND WILL HAVE NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY IN RESPECT OF SUCH BREACH.
17. BLACK DIAMOND'S LIABILITY
17.1. SUBJECT TO CLAUSE 17.3, BLACK DIAMOND AND THE BLACK DIAMOND SUBSIDIARIES ARE NOT LIABLE TO YOU, REGARDLESS OF THE LEGAL GROUNDS, IN PARTICULAR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGE OR LOSSES HAS BEEN NOTIFIED TO BLACK DIAMOND, FOR:
A. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
B. ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT);
C. ANY DAMAGE TO AND/OR CORRUPTION OR LOSS OF DATA (WHETHER DIRECT OR INDIRECT);
D. ANY LOSS OR DAMAGE AS A RESULT OF:
I. ANY BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY OTHER AGREEMENT OR CONTRACTUAL RELATIONSHIP BETWEEN BLACK DIAMOND AND YOU WHICH IS ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF BLACK DIAMOND, THE BLACK DIAMOND SUBSIDIARIES AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS;
II. ANY RELIANCE PLACED BY YOU ON THE SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR EXISTENCE OF ANY (A) SERVICES (INCLUDING ANY SOFTWARE, INFORMATION, DOCUMENTS, MATERIALS MADE AVAILABLE TO YOU AS PART OR IN COURSE OF THE USAGE OF THE SERVICES) OR (B) ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING (INCLUDING ANY PROMOTIONAL MATERIAL) IS MADE AVAILABLE ON OR BY YOUR USE OF THE SERVICES;
III. ANY CHANGES, MODIFICATIONS, EXTENSIONS OR LIMITATIONS (INCLUDING ANY SUSPENSION OF YOUR USE OF THE SERVICES, ACCESS TO YOUR ACCOUNT AND ACCOUNT DATA OR YOUR REGISTRATION DATA) TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM); OR
IV. THE USE OF YOUR ACCOUNT DATA BY ANY OTHER PERSON THAN YOURSELF (REGARDLESS OF WHETHER WITH OR WITHOUT YOUR KNOWLEDGE). YOU ARE FULLY RESPONSIBLE AND LIABLE TO COMPENSATE BLACK DIAMOND FOR ANY DAMAGE AND/OR LOSS INCURRED DUE TO THE USE OF YOUR ACCOUNT DATA BY SOMEONE ELSE.
17.2. IN THE EVENT THAT BLACK DIAMOND OR THE BLACK DIAMOND SUBSIDIARIES ARE LIABLE FOR A BREACH OF THESE TERMS AND CONDITIONS, BLACK DIAMOND'S LIABILITY SHALL BE LIMITED TO DAMAGES WHICH BLACK DIAMOND MUST TYPICALLY EXPECT AT THE TIME OF THE CONCLUSION OF THIS AGREEMENT DUE TO THE CIRCUMSTANCES KNOWN AT THE TIME.
17.3. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT BLACK DIAMOND'S
A. LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OR IN ACCORDANCE WITH ANY PRODUCT LIABILITY ACT; AND
B. WARRANTY OR LIABILITY FOR DAMAGES OR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN THE USER'S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND BLACK DIAMOND'S LIABILITY AND WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Force Majeure
18.1. Black Diamond is not liable or responsible for any failure to perform, or delay in performance of any of Black Diamond's obligations under this Agreement that is caused by events outside Black Diamond's reasonable control ("Force Majeure Event"), in particular (without limitation) (a) unavailability of public or private telecommunication networks (b) acts, decrees, legislation, regulations or restrictions of any government or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster.
18.2. Black Diamond's performance under this Agreement is deemed to be suspended for the period that Force Majeure Event continues, and Black Diamond will have an extension of time for performance for the duration of that period.
18.3. Black Diamond will use its reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which Black Diamond's obligations under this Agreement may be performed despite the Force Majeure Event.
19. Links to third party sites and other content
19.1. The Services may contain hyper links to content resources and services of third parties, including other websites ("External Resources"). Black Diamond is not responsible for and has no control over the content (including advertisements, products and other materials) provided, made available and/or displayed to You under these External Resources and is not liable for any damage or loss incurred by You due to or as a result of the content (including any reliance by You on the availability, accuracy, applicability or completeness of the content) which is made available to You, provided to You or displayed to You under these External Resources.
19.2. You may from time to time and as a result of or through the Use of the Services purchase or avail Yourself of services, goods or software which is provided to You by a third party. Your use of such other services, goods or software may be subject to separate terms and conditions between You and the respective third party. This Agreement does not affect Your legal relationship with that third party and Black Diamond is not liable or responsible for any services, goods or software provided to You by any third party.
What else You should know and understand
20. Special terms and conditions
20.1. When You register for a Service You may be presented with special terms and conditions which, among others, describe specific features and characteristics of the Service and may stipulate additional legal provisions (collectively referred to as "Special Terms").
20.2. Any Special Terms apply in addition and in conjunction with these Terms and Conditions. In the event of a conflict between these Terms and Conditions and any of the Special Terms, the Special Terms shall take precedence over these Terms and Conditions.
21. Language of this Agreement
Black Diamond may provide You with a translation of the English version of this Agreement. This translation is provided for Your convenience only. In the event of any conflict between the English language version and the translation version of these Terms and Conditions and to the extent permissible by applicable law, the English language version takes precedence over any translation version.
22. Procedure for making claims and notices regarding infringement of intellectual property rights and other rights
22.1. Black Diamond may respond to notices of alleged copyright infringement or violation of other laws in accordance with applicable law and may terminate, suspend or block access (either temporary or permanently) to accounts of Users who repeatedly infringe copyright laws or violate other applicable law.
22.2. Any notices regarding any copyright infringement or violation of other laws by the Services, any content provided with or displayed in the Services or any User Content should be sent to email@example.com
23.1. The Services may contain information which is confidential to Black Diamond including, without limitation, all information designated as confidential or recognisable as trade or business secrets or for other reasons recognisable or made available to You as confidential.
23.2. Unless stated otherwise in these Terms and Conditions You will (a) keep such information confidential for an unlimited period of time and not disclose such information without Black Diamond's prior written consent and (b) neither record or otherwise utilise such information unless required for the purposes of this Agreement.
23.3. Clause 23.1 shall not apply in the event that You are required to disclose information which is confidential to Black Diamond according to applicable law. In this case and to the extent permissible by applicable law, You will notify Black Diamond immediately of any disclosure of any information which is confidential to Black Diamond.
24. General provisions
24.1. Black Diamond will rely only on the written Terms and Conditions. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards Black Diamond unless expressly confirmed in writing by Black Diamond to You.
24.2. Black Diamond may provide You with notices (including notices relating to changes to the Agreement or termination of the Services or parts thereof) by email, ordinary mail, or postings on or via the Services.
24.3. If Black Diamond does not exercise or enforce any legal right or remedy which is set out in this Agreement or which Black Diamond has the benefit of under any applicable law, this will not be construed as a formal waiver of Black Diamond's rights or remedies and such rights or remedies will remain available to Black Diamond.
24.4. If any provision of this Agreement is held to be invalid, illegal or unenforceable (in whole or in part) as determined by a court of law having jurisdiction to decide on this matter, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
24.5. Each of the Black Diamond's Subsidiaries shall be a third party beneficiary to the Agreement and shall be entitled to directly enforce and rely upon any provision of this Agreement which confers a benefit on (or rights in favour of) them. Subject to the foregoing, no other person shall be a third party beneficiary to this Agreement.
24.6. You are not permitted to transfer, assign or otherwise dispose of this Agreement which is personal to You, or any of Your rights or obligations arising under this Agreement without the prior written consent of Black Diamond.
24.7. This Agreement and Your relationship with Black Diamond under this Agreement shall be governed and construed in accordance with the laws of the jurisdiction where You are a residential, without regard to its conflict of law provisions and subject to the non-exclusive jurisdiction of the courts of such jurisdiction, to resolve any legal matter arising in relation to the Agreement. Notwithstanding the foregoing, Black Diamond may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.