ANY LINK TO THIS SITE OTHER THAN THROUGH THE "WBVATOUR.COM / MBVTOUR.COM" WEBSITES IS AN UNAUTHORIZED LINK. ANY LINK TO THIS WEBSITE THROUGH ANY OTHER ENTITY IS PROHIBITED AND ILLEGAL. SUBJECT TO PARAGRAPH # 8
Terms of service
Updated January 1, 2017
Please carefully read these terms and conditions of use (these "Terms of Service") before
using the Official Website of BLACK PEARL STUDIOS INC.
and the services available on this site (collectively, the "Site"). Your access to and
use of the Site is subject to these Terms of Service (including the Privacy Policy of the
Site) and all applicable laws. By accessing and using the Site, you signify your assent
to these Terms of Service. These Terms of Service may be amended or modified at the sole
discretion of BLACK PEARL STUDIOS INC
conditions may be imposed, at any time with or without notice. Any such changes or
additions will be reflected by an update of this posting and are hereby incorporated by
reference into these Terms of Service. Please check these Terms of Service periodically
for changes. Your continued use of the Site following the posting of changes to these
Terms of Service (including the Privacy Policy) will mean you accept those changes. If
you do not agree to these Terms of Service, please do not use the Site.
1. DESCRIPTION OF SERVICES
The Site offers streaming video content and related editorial and interactive material of
and related to BLACK PEARL STUDIOS INC. Content may include, but is not limited to: Model / athlete
interviews and biographies, tour casting and practice video, behind-the-scenes footage,
user polls, photo galleries and news and information. Please be aware that some material
may contain explicit content.
2. OWNERSHIP AND USE RESTRICTIONS
The Site is operated by BLACK PEARL STUDIOS INC, and each of
their respective operators, models, members, affiliates, employees,
directors, and officers shall be collectively referred to herein as the "Operators."
By purchasing any Services via the Site, you acknowledge and agree that your credit card
is being charged by the payment processor of BLACK PEARL STUDIOS INC., an Operator of the Site.
The content and materials contained within the Site (including, without limitation,
video, audio, photos, text, images, names, likenesses, logos and all copyrights and
intellectual property related to the Site, BLACK PEARL STUDIOS INC sponsors, licensees and other
affiliates) (the "Content") are either owned by or licensed to BLACK PEARL STUDIOS INC. The Content
from the Site may not be reproduced, republished, uploaded, posted, transmitted,
reproduced, distributed, copied, publicly displayed or otherwise used in any manner,
except as expressly provided in these Terms of Service, without the express written
permission of the Operators. The Operators maintain the Site for your personal, information, education, and communication.
Please feel free to browse the Site. The Site is provided for your private and non-commercial use. material displayed to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other
proprietary notices contained on the materials. You may not, however, distribute,
reproduce, republish, display, capture streaming files, download, upload, prepare
derivative works based upon, modify, transmit, reuse, repost, or use any materials of or
from the Site for public or commercial purposes on any other Site or otherwise without
the express written permission of the Operators. Modification of any materials displayed
on the Site in any manner is a violation of the Operators' rights and/or copyright and
other proprietary rights.
The word marks and logos of BLACK PEARL STUDIOS INC are the exclusive property of BLACK PEARL STUDIOS INC or the
applicable entity. All other word marks and logos (each, a "Trademark" and, collectively,
the "Trademarks") appearing on the Site are Trademarks of their respective owners.
Nothing contained on the Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on the Site in any
manner without the express written permission of its respective owner. Any use of the
Trademarks displayed on the Site, or any other content on the Site, except as provided in
these Terms of Service, is strictly prohibited.
Images of people or places displayed on the Site are either the property of, or used with
permission by, the Operators. Any use of these images by you, or anyone else authorized
by you, is prohibited unless expressly permitted by these Terms of Service or by express
permission that is granted elsewhere on the Site. Any unauthorized use of the images may
violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes. The Operators neither warrant nor represent that
your use of materials displayed on the Site will not infringe upon the rights of third
parties neither owned by nor affiliated with the Operators.
The Site is available to individuals aged thirteen (13) years or older. If you are
thirteen (13) years or older, but under the age of eighteen (18) years, you should review
these Terms of Service with your parent or legal guardian to make sure that you and your
parent or legal guardian understand these Terms of Service.
3. REGISTRATION FOR USE OF CERTAIN FEATURES
In order to access certain features of the Site, you may be required to register with the
BLACK PEARL STUDIOS INC by providing certain personally identifiable information about yourself, including
your name, e-mail address and mobile telephone number. In consideration for our granting
you access to these features of the Site, you hereby expressly agree to provide true,
accurate, current and complete information about yourself as requested as and necessary
for our provision of, and/or your registration for the use of, those features of the
Site, subject to all applicable laws. If you provide any information that is untrue,
inaccurate, not current or incomplete, or if the Operators have reasonable grounds to
suspect that the information that you have provided is untrue, inaccurate, not current or
incomplete, the Operators have the absolute right to suspend or terminate your password
at any time and refuse you any and all current or future use of the Site. For information
concerning how the Operators collect and use such information please see our Privacy
Policy.
You may receive a password upon completing the registration process. You are solely
responsible for maintaining the confidentiality of the password, and are solely
responsible for all activities that occur under your password. The Operators are not
responsible for any loss or damage arising as a result of your failure to comply with
this Section 3.
4. MESSAGE FEATURES
The Site may offer opportunities for you to send messages or postings in connection with
various features including electronic mail, text messages, chats with special guests and
forums to communicate with other users about BLACK PEARL STUDIOS INC (each a "Message Feature" and,
collectively, the "Message Features"). In order to participate in any Message Feature,
you may be required to provide accurate and complete personal information consisting of
your name, telephone number (e.g., home, work mobile and/or fax) and e-mail address,
which shall be collected pursuant to the Privacy Policy of the Site. You must use the
Message Features in a responsible manner. By entering the Site, you expressly agree to
not transmit any message (each, a "Message" and, collectively, the "Messages") in
connection with any Message Feature that: (i) imposes an unreasonable or
disproportionately large load on the Site's infrastructure, or otherwise restricts or
inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening,
abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or
encourages conduct that would constitute or give rise to a criminal offense, civil
liability or other violation of any local, state, national or international law; (iv)
violates, plagiarizes or infringes the rights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy or publicity or any other
proprietary right; (v) contains any virus, Trojan horse, worm, time bomb, cancelbot or
other similar harmful or deleterious programming routine; (vi) contains any information,
software or other material of a commercial nature; (vii) contains advertising, promotions
or commercial solicitations of any kind; (viii) constitutes or contains false or
misleading indications of origin or statements of fact; and/or (ix) contains material
irrelevant to the subject matter of the Message Feature.
The Operators shall have the absolute right, but not the obligation, to review, edit or
delete any Message transmitted in any Message Feature that: (i) violates any term of
these Terms of Service; and/or (ii) is otherwise illegal, offensive or inappropriate. The
decision regarding whether a Message is offensive or inappropriate shall be within the
sole discretion of the Operators. Depending on the nature of the violation, the Operators
shall have the sole discretion to terminate your access to the Site at any time. Please
be advised that the Operators will fully cooperate with any law enforcement authorities
or court order requesting or directing the Operators to disclose personal information of
anyone who submits a Message that violates the foregoing terms in accordance with the
Privacy Policy of the Site. Although the Operators may from time to time monitor or
review Messages submitted on the Site, the Operators are under no obligation to do so and
assume no responsibility or liability that may result from the content of any Message nor
for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained therein. Display of any Message in any Message
Feature does not constitute approval or endorsement by the Operators.
Message and Screen Name Review. BLACK PEARL STUDIOS INC and its independent, third-party providers (the
"Vendors") act as a passive conduit in connection with your use of Message Features. BLACK PEARL STUDIOS INC and its Vendors have the right, but not the obligation, to review, edit or delete
any Message or Screen Name transmitted by you that they believe may create a liability
for them, and also to deny access to any Message Feature. Display of any Message or
Screen Name in any Message Feature does not constitute its approval or endorsement BLACK PEARL STUDIOS INC or its Vendors.
Messages submitted to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions or the like are, and will be treated as,
non-confidential and nonproprietary. By submitting a Message to the Site, you acknowledge
that any information disclosed by you therein (i) may be used by any third party; (ii) is
not confidential and may be read or intercepted by others; (iii) creates no confidential,
fiduciary, contractually implied or other relationship between you and the Operators
other than as expressly set forth in these Terms of Service; and (iv) is subject to the
grant of Rights to the Operators described in Section 5 below.
5. SUBMISSIONS
By transmitting any Message (see Section 4 above regarding Messages) or submitting
creative ideas, concepts, know-how, techniques, suggestions or materials (each, a
"Submission" and, collectively, "Submissions"), you are granting the Operators a
perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and
license to use, reproduce, modify, publish, translate, prepare derivative works based
upon, distribute, perform or display such Submissions, in whole or in part, in any form,
media or technology known or hereafter developed for any purpose, including, without
limitation, advertising and promotional purposes (collectively, "Rights"). This means
that anything submitted by you on or to the Site will be owned exclusively by BLACK PEARL STUDIOS INC, and may be used by BLACK PEARL STUDIOS INC for any purpose, now or in the future, without any
payment or other obligation to you. All Submissions, whether solicited or unsolicited,
shall become and remain the exclusive property of the Operators. The Operators shall also
have the absolute right, but not the obligation, to use your name in connection with the
broadcast, print, online or other use or publication of your Submission without seeking
or receiving your further consent.
Solicited Submissions: At times, the Operators may solicit Submissions from visitors to
the Site, including, without limitation, information, ideas, artwork or other materials.
It is our practice to post notices on the Site regarding our planned use of such
materials where we solicit the Submission. Your provision of information in response to
such a solicitation is a grant by you to the Operators of the Rights described above.
Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and
proposals for the Site, it is the Operators' policy not to accept or consider any
Submissions that are unsolicited. We hope you will understand that the intent of this
policy is to avoid the possibility of future misunderstandings, legal or otherwise, when
creative ideas, concepts or materials developed by the Operators might appear to be
similar to your Submission(s). Accordingly, we must ask that you do not send us any
unsolicited Submissions via the Site or otherwise; we assume no responsibility for
reviewing such Submissions and we will not incur any liability as a result of any
similarities between your Submissions and future BLACK PEARL STUDIOS INC designs, products, programs or
otherwise. In the event you do submit unsolicited Submissions, such Submissions shall be
deemed, and shall remain, the property of the Operators. As is the case with solicited
Submissions, the submission of any unsolicited Submission shall constitute a grant by you
to the Operators of the Rights described above.
6. TERMS OF SALE.
Sales from the Official Store ("Store"), Auction feature ("Auctions"),
Online Ticketing feature ("Ticketing Feature"), and sales of Subscription Content
Services and other services (the "Services") are subject to the following terms and
conditions:
Many areas on the Website may allow you to order products and other services supplied by
Vendors. Auctions may allow you to purchase merchandise through an auction process
(products purchased through the Store and the Auctions are collectively referred to as
the "Merchandise"). The Ticketing Feature may allow you to order tickets for BLACK PEARL STUDIOS INC
tournaments and other events. The Ticketing Feature provided through certain webpages may
provide the opportunity for you to re-sell tickets and/or purchase previously owned
tickets (each, a "Secondary Marketplace"). Such Secondary Marketplaces may be governed by
special terms and conditions described on relevant webpages. In the event of a conflict
between any Secondary Marketplace's terms and conditions and this Agreement, the
Secondary Marketplace's terms and conditions shall govern.
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY.
The WBVA TOUR EXPRESSLY DISCLAIMS ANY
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES
OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM
YOUR ACCESS OR INABILITY TO ACCESS THE STORE, AUCTIONS, THE TICKETING FEATURE OR THE
SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES,
MERCHANDISE OR TICKETS.
BLACK PEARL STUDIOS INC reserves the right to modify the price of any
Merchandise or Services. BLACK PEARL STUDIOS INC is not responsible for any error in copy or images
relating to Merchandise, Services or tickets. Any auction may be discontinued at any time
in BLACK PEARL STUDIOS INC sole discretion.
With respect to Merchandise offered and/or sold via the Store, we cannot confirm the
price of an item until you order; however, we do NOT charge your credit card until after
your order has entered the shipping process. Despite our best efforts, a small number of
the items in our Store or in our printed catalogs may be mispriced. If we discover a
mispricing, we will do one of the following :
If an item's correct price is lower than our stated price, we will charge the lower
amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion,
either contact you for instructions before shipping or cancel your order and notify you
of such cancellation.
Gift Certificates. Within the Store, there may be an opportunity for you to purchase
and/or redeem gift certificates (each, a "Gift Certificate"). Gift Certificates are
redeemable solely for purchases in the Store. All Gift Certificates are denominated in
U.S. Dollars. Gift Certificates are valid until redeemed or abandoned. The BLACK PEARL STUDIOS INC is not
responsible for lost or stolen Gift Certificates. The value of a Gift Certificate that is
lost, stolen, destroyed, altered or used without your permission will not be replaced or
refunded. BLACK PEARL STUDIOS INC will not honor Gift Certificates obtained by fraud or theft. Gift
Certificates are not redeemable for cash. If the value of your Gift Certificate is
greater than the amount of your total purchase, you will be able to use the remaining
Gift Certificate balance for future purchases, subject to this Agreement. If the value of
your Gift Certificate is less than the amount of your total Store purchase, you must use
a credit card in order to complete your purchase.
Purchasing; Price; Payment. In order to purchase Merchandise, the Services or tickets on
the Website, you must provide complete and accurate personal information consisting of
your name, address, telephone number, e-mail address, credit card information and
shipping address. (The Website's Privacy Policy explains how such information may be
collected and used.) Your ability to purchase Merchandise and Services is subject to
limits established by your credit card issuer. You must notify us immediately of any
change in your credit card information, including any change to your home address. BLACK PEARL STUDIOS INC may bill your credit card at the time the Services, Merchandise or tickets are
ordered or shipped, or our ticketing Vendor may bill your credit card at the time your
tickets are ordered or shipped. Any special order or customized/personalized products
will be billed immediately after the order is received. You must pay all amounts accrued
in your account, including sales tax and shipping and handling charges, when due. BLACK PEARL STUDIOS INC may in its sole discretion decline service to or terminate any account. The
Operators are not responsible, and must not be held liable, for any breaches in
transaction security by any third party.
The Services are provided for your private, non-commercial use, and you may not
distribute, modify, translate, rebroadcast, transmit, perform or create derivative works
of them.
The Services are subject to transmission limitations of the Internet, including, but not
limited to, video and/or audio dropouts, rebuffering or loss of connection.
By accepting this Agreement, you agree that BLACK PEARL STUDIOS INC may notify you about changes to
prices or services by sending an e-mail message to your e-mail address on file with BLACK PEARL STUDIOS INC, and by publishing such notices from time to time on the informational page(s) of
the website applicable to the Services. It is your responsibility to notify BLACK PEARL STUDIOS INC of
any change in your e-mail address by logging into the Site and using the online account
management tool.
Programming, pricing, terms and conditions of Services are subject to availability and
change. Activation for Services, and subsequent ability to access Services, may be
subject to approval of your valid major credit card and verification of other information
that you submit or is otherwise obtained by BLACK PEARL STUDIOS INC (e.g., your IP address). Applicable
taxes are not included and are the responsibility of the subscriber.
7. VOTES; CONTESTS; SWEEPSTAKES
The Site may offer you opportunities to vote in connection with certain events and also
to enter contests and sweepstakes. By participating in any such event, you signify your
agreement to all special terms and guidelines set forth on the Site applicable to that
event as well as in these Terms of Service.
8. LINKS
The following restrictions ("Linkage Restrictions") apply to all links to the Site from
any on-line, cable, wireless or other Site, service or browser:
On-line, cable, wireless or other Sites, services or browsers created by, licensed by or
substantially associated with any entity that regularly promotes any product (e.g.,
apparel or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service
providers or ticket sellers) (each, a "Commercial Site" and, collectively, "Commercial
Sites") may not link to the Site without the written permission of the Operators, even if
the page/area where the link originates does not promote a product, brand or service.
Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of
commerce sites, search engine sites, widely available Internet browsers) (each, a
"Permissible Site" and, collectively, "Permissible Sites") may not link to the Site
without the express written permission of the Operators if such link is: (i) a "word" (as
opposed to a "logo") link (e.g., "The Official Website of BLACK PEARL STUDIOS INC"); and (ii)
spatially separated from, and not otherwise associated with, any sponsorship advertising,
or other commercial text or graphics that may be on the page/area containing such word
link.
The Site logo, or any other logo of BLACK PEARL STUDIOS INC (a "logo" link), may not be used as or
to link to the Site without the express written permission of the Operators.
No link to the Site may be "framed" by the Permissible Site where the link originated if
such "frame" contains any sponsorship, advertising or other commercial text or graphics.
All links to the Site from a Permissible Site must be to the Site's home page -- links to
internal pages within the Site (e.g., a player page, a photo gallery or a feature
article) are not permitted.
The posting or creation of any link to the Site signifies that you have read these
Linkage Restrictions and agree to abide by their terms.
9. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with advertisers, or participation in promotions
of, advertisers found on or through the Site, including payment and delivery of related
goods and/or services, and any other terms, conditions, representations or warranties
associated with such dealings, are solely between you and such advertiser. You agree that
the Operators shall not be responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of the presence of such
advertisers on the Site.
10. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While the Operators use reasonable efforts to include accurate and up to date information
in the Site, the Operators make no warranties or representations as to its accuracy. The
Operators assume no liability or responsibility for any errors or omissions in the
content of the Site. The Operators make no representation that the materials contained in
the Site are appropriate or authorized for use in all countries, states, provinces,
counties or any other jurisdictions. If you choose to access the Site, you do so on your
own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE
OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS
DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE,
COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED
OR SECURE OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE
OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR
BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF
OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS,
DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE
USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE
OPERATORS' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING
OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site is subject to transmission limitations of the Internet, including, but not
limited to, video and/or audio dropouts, rebuffering or loss of connection. A broadband
Internet connection is required to view certain video content.
The Site may contain links and pointers to other World Wide Web sites, resources, and
advertisers. Links to and from the Site to other sites, maintained by third parties, do
not constitute an endorsement by the Operators or any affiliate of any third party site
or content. The Operators are not responsible for the availability of these third party
resources, or their contents. The Operators have not reviewed any or all of the sites
linked to the Site and are not responsible for the content of any off-site pages or any
other sites linked to the Site. Your linking to the Site, off-site pages or other sites
is at your own risk and without the permission of the Operators. By clicking on any such
link, you acknowledge that the Site has no control over, and makes no representations of
any kind with respect to, such other sites or any content contained within such other
sites, and you hereby revoke any claim against the Operators with respect to such other
sites. You should direct any concerns regarding any external link to its site
administrator or Webmaster.
Your correspondence or business dealings with, or participation in promotions of,
advertisers and vendors found on or through the Site, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser and/or vendor.
You agree that the Operators shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the presence of
such advertisers or vendors on the Site or in connection with the Site. All of your
business dealings with vendors and advertisers appearing on or through the Site shall be
at your sole risk.
11. NOTICE
The Operators may give notice to users of the Site by means of a general notice on the
Site, electronic mail to a user's e-mail address if on record, text message to a user's
mobile telephone if on record, or by written communication sent by first class mail to a
user's address if on record. You may give notice to the Operators (such notice shall be
deemed given when received) by any of the following means:
Electronic mail to
info@blackpearlstudios.com
12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If the owner, agent, or licensee of any copyright believes that any material contained on
the Site or within the Content may infringe on its copyright, notice must be given in
writing of the following: (a) identification of the copyrighted work claimed to have been
infringed; (b) identification of the allegedly infringing material; (c) information
sufficient to enable the Operators to locate the infringing material; (d) a statement
that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent or licensee, and is not
otherwise permissible by law; and (e) a statement that the information contained in the
notification is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the copyright owner, agent or licensee. Anyone who
knowingly misrepresents that material is infringing in such a notice will be liable for
any damages and any associated costs incurred by the Operators as a result.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) ("DMCA"), the Operators have designated to the U.S. Copyright Office an agent
to receive notifications of claimed copyright infringement relating to the Site (the
"Designated Agent"). All such notifications relating to the Site must be submitted in a
manner consistent with the DMCA to the following Designated Agent:
info@blackpearlstudios.com
13. INDEMNIFICATION
You hereby agree to indemnify and hold the WBVA TOUR INC., BLACK PEARL STUDIOS INC., and
the other BLACK PEARL STUDIOS INC Entities and each of their respective members, operators, directors,
officers, employees, shareholders, agents, co-branders, licensors, affiliates and
representatives harmless from all demands, claims, liabilities, damages and expenses
(including reasonable attorneys' fees and court costs) arising out of or relating to: (i)
your use of the Site, including, without limitation, use of any Message Feature or the
Store; and (ii) any breach or alleged breach of these Terms of Service; (iii) your
connection to the Site; and (iv) your violation of any rights of another.
The BLACK PEARL STUDIOS INC
Entities" shall mean WBVA TOUR INC. and the directors, officers and
employees of the above entities.
14. TERMINATION OF SERVICE
The Operators may, in their sole discretion, change, suspend or discontinue any aspect of
the Site at any time with or without notice, including the availability of any Site
feature, database, or content. The Operators may also cancel your registration password,
or impose limits on certain features and services or restrict your access to parts of the
Site, or the entire Site, with or without notice, and without liability, at any time, in
the Operators' exclusive discretion, without prejudice to any legal or equitable remedies
available to the Operators, for any reason or purpose, including, but not limited to,
conduct that the Operators believe violates these Terms of Service or other policies or
guidelines posted on the Site or conduct which the Operators believe is harmful to other
customers, to the Operators' respective businesses, or to other information providers.
Upon any termination of these Terms of Service, you shall immediately discontinue your
use of the Site and destroy all materials obtained from it.
15. SOFTWARE
Software and other materials from the Site may also be subject to United States Export
Control. The United States Export Control laws prohibit the export of certain technical
data and software to certain territories. No software from the Site may be downloaded or
exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the United States has embargoed goods; or (ii)
anyone on the United States Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. The Operators do not authorize
the downloading or exportation of any software or technical data from the Site to any
jurisdiction prohibited by the United States Export Laws.
16. CHOICE OF LAW
These Terms of Service shall be construed and controlled by the laws of the State of
Hawaii, United States of America. Further, any disputes relating to these Terms of
Service or anything contained on the Site will be governed by the laws of the State of
Hawaii, United States of America, without regard to its principles of conflicts of laws.
Any claim relating to these Terms of Service or the Site shall be exclusively prosecuted
in a federal or state court of competent jurisdiction located within the County of
Honolulu, State of Hawaii, United States of America, and you hereby consent to the
jurisdiction of such court solely for such purposes and you further waive any argument
that any such court does not have jurisdiction over such dispute or that venue in any
such court is not appropriate or convenient. The Operators will be entitled to recover
their court costs and reasonable attorneys' fees and expenses incurred in successfully
proving any breach of any term of these Terms of Service.
17. MISCELLANEOUS
These Terms of Service constitute the entire agreement between the parties, and
supersedes all prior and contemporaneous written or oral agreements, proposals or
communications with respect to the subject matter herein between you and the Operators.
The Operators in their sole discretion may amend these Terms of Service, and your use of
the Site after such amendment is posted on the Site will constitute acceptance of it by
you. The section headings in these Terms of Service are for convenience only and must not
be given any legal import. If any provision of these Terms of Service is held by a court
of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining
provisions shall remain in full force and effect. The Operators' failure to exercise or
enforce any rights or provision of these Terms of Service shall not constitute a waiver
of such right or provision. You agree that, except as may be otherwise expressly provided
in these Terms of Service, there shall be no third party beneficiaries to these Terms of
Service. You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Site or these Terms of Service
must be filed within one year after such claim or cause of action arose or be forever
barred.
18. ANTI-HACKING PROVISION
You expressly agree not to use or attempt to use any automated device, program, tool,
algorithm, process, or methodology or manual process having similar processes or
functionality, to access, acquire, copy, or monitor any portion of the Site, any data or
content found on or accessed through the Site or any other content without the prior
express written consent of the Operators; obtain or attempt to obtain through any means
any materials or information on the Site that have not been intentionally made publicly
available either by their public display on the Site or through their accessibility by a
visible link on the Site; in any way bypass or circumvent any measure employed to limit
or prevent access to the Site or its content; violate the security of the Site or attempt
to gain unauthorized access to the Site, data, materials, information, computer systems
or networks connected to any Site server; interfere or attempt to interfere with the
proper working of the Site or any activities conducted on or through the Site; take or
attempt any action that, in the sole discretion of the Operators, imposes or may impose
an unreasonable or disproportionately large load or burden on the Site or the Operators'
infrastructure.
19. ACCEPTANCE OF TERMS OF USE
By using the Site, you signify your agreement to these Terms of Service in their
entirety. If you do not agree with the terms included herein, you must not use the Site.
The Operators may change these Terms of Service at any time and in any manner, and your
use of the Site after such changes are posted shall be deemed to indicate
