Terms & Conditions
Welcome to bostonwhileblack.com/ (the “Website”).
These Terms and Conditions (“Agreement”) are a legal agreement that explain the terms and conditions that all visitors, users, clients and customers (“You”, or “Your”) must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement.
These Terms and Conditions outline the rules and regulations for the use of bostonwhileblack.com/.
PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website.
These Terms and conditions are governed by the law of Boston, MA
Click below to jump to any section
- User Rights and Responsibility
- Our Content
- Trademarks/ No Endorsement
- Your Account
- Website Information
- Intellectual Property Rights
- Copyright Notice
- Consequences of Termination or Expiration
- Contact Us
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:
“Company,” “Us,” “We,” and “Our” refers to Boston While Black.
“Content” is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.
“Party” refer to either You, or Us, or any other party to this Agreement. “Parties” refer to both You and Us.
“Services” refer to any work We perform for You.
“Supply” means to provide the Goods or Services as per the Invoice.
“You” and “Your” refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement.
2 User Rights and Responsibility
2.1 Acceptable use
- Boston While Black will not be held liable should the website be unavailable for any amount of time.
- You are responsible for the safety and confidentiality of your passwords and usernames. Boston While Black has the right to terminate or suspend your username and password should we suspect non compliance by you.
- You will not use any meta tags or any other “hidden text” utilising Our name or trademarks without Our express written consent.
- The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
- Your use and access of the Website does not include any right of resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You must use our website for lawful purposes only.
2.2 Prohibited Use
While using our service the following terms must be adhered to:
- to transmit or send unsolicited or unauthorised advertising or promotional material in any form.
- Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website.
- Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorised access to any data or other information of any third party.
- Harass, abuse, threaten or incite violence towards any individual or group.
- in any way that breaks or breaches applicable local, national or international laws or regulations.
- in any way which is fraudulent or unlawful.
- Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Website.
- Interfere with any other person’s use of or the proper functioning of the Website.
- Misrepresent Your identity or impersonate any person.
- Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us.
- Provide any information that is false, misleading or inaccurate.
- Use any portion of the Website for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
- Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.
3 Our Content
Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Our Content”), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.
You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorised to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only.
Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.
4 Trademarks/ No Endorsement
All of Our trademarks, service marks and trade names used herein (including but not limited to: the Boston While Black name, Boston While Black logo, the Website name, the Website design, and any logos) (collectively “Marks”) are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a “hot” link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
5 Your Account
In consideration of Your use of the Website, You will:
- provide true, accurate, current and complete information about Yourself as prompted by the Website’s registration page (such information being the “Account Data”); and
- maintain and promptly update the Account Data to keep it true, accurate, current and complete.
You are entirely responsible for the security and confidentiality of Your password and Account. You will not share Your Account Data or Your username and password with any third party or permit any third party to login to the Website using Your Account Data. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services and Website.
You agree to immediately notify Us of any unauthorised use of Your Account or any other breach of security of which You become aware.
The Website may also include a tool that allows You to sign in or register using information from Your accounts in third party services, such as Facebook, Twitter, Google, Yahoo, or LinkedIn. These third-party services are not related to the Website, and Your use of such third-party services is subject to the terms and policies of those services.
We have engaged the services of Shopify (“Payment Processor”) to collect and manage Your payments. You acknowledge and agree that the Payment Processor will perform the following for Us:
- credit and background verification of Our potential customers
- access updated payment reports;
- credit administration, management and collection;
- legal assistance in credit recovery;
- assessment of Our customers’ dependability; and
- receive, facilitate and assign Your credit that is due to Us;
The Payment Processor is responsible and We shall not be liable for any matter in connection with the processing of Your payments.
You agree to notify Us or the Payment Processor about any billing problems or discrepancies within 60 days after they first appear on Your Account statement. If You do not do so within 60 days, You agree that You waive Your right to dispute such problems or discrepancies.
We may partner with and use other third party payment service providers to handle all payments. We will notify You of such change by e-mail not less than 30 days before it takes effect.
You agree to provide updated information regarding Your credit card or payment method at any time the information is needed.
You give Us and the Payment Processor the pre-authorisation to verify if Your credit card or payment method account is valid and has the necessary funds or credit available to cover Your payments.
You authorise such credit card to pay any amount described herein.
You confirm that Your credited card has sufficient funds, credit facilities and valid expiry date to cover the payment.
You will receive an electronic invoice for Your payments. This electronic invoice shall serve as Your official receipt.
In case of payment delay, You will not able to use any chargeable features of Our Services until the payment in due have been fully paid.
Upon delay with any payments, You may be required to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. We reserve the right to assess reasonable interest charges on any amounts not paid by the date such payments are due.
You are solely responsible for any and all fees charged to Your credit card by the issuer, bank, or financial institution including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.
All orders are subject to Our credit approval. We reserve the right to withhold shipment or to require other adequate assurances of performance of Your payment obligations as We, in Our discretion, may require, notwithstanding any order confirmation issued by Us.
All payments shall be paid in USD. You may have to incur costs for conversion and transfer of money if applied by Your financial service provider.
All prices exclude VAT at current legal rate in USA, unless stated otherwise in this Agreement. You are responsible for all other applicable taxes, and We shall charge taxes when required to do so.
Other payment methods are accepted only if provided on Our Website.
Amounts payable under this Agreement are non-refundable.
No refunds shall be granted for discounts, vouchers, or coupons availed as part of the Service.
7 Website Information
We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.
Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Website, You assume all associated risks.
Information provided by you through bostonwhileblack.com/ is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.
9 Intellectual Property Rights
We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text.
Our intellectual property is protected under copyright, trademark and other intellectual property laws.
As part of this Agreement, You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.
10 Copyright Notice
All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2020, Boston While Black or its licensors. ALL RIGHTS RESERVED.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorised users; (b) Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of USA or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party’s access and use of the Website with Your unique username, password or other appropriate security code.
13 Consequences of Termination or Expiration
Upon the effective date of termination or expiration of this Agreement:
- All rights, Subscriptions and licenses granted to You shall be terminated immediately.
- You will immediately cease use of and/or access to the Account, Website, and the Services.
- We will suspend or terminate Your access to the Website and Services.
- We will suspend or terminate access to any or all of the data to the extent permitted by law
The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.
14 Contact Us
If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us through Boston While Black, [email protected]