Terms of Service

Introduction

The Terms of Service written on this webpage shall manage your use of our Website, accessible at https://blackcloudmedia.co, which provides the Service. Black Cloud Media is an assumed business name (ABN) of Page One Properties, LLC, an Idaho limited liability company.

These Terms will be applied fully and affect your use of this Website. By using this Website, you are agreeing to accept and be bound by all terms and conditions written here, as well as applicable laws and regulations. You must not use this Website if you disagree with any of these standard Terms of Service. 

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

The materials contained in this website are protected by applicable copyright and trademark law.

Other than the content you own, under these Terms, Black Cloud Media and/or its licensors own all the intellectual property rights and materials contained in this Website.

Unauthorized use of the name, Black Cloud Media, trademarks, logos, or related branded materials is strictly prohibited without prior authorization in writing. Violators will be prosecuted.

Use License

You are granted a limited use license only for purposes of viewing the material contained on this Website.

Permission is granted to temporarily download one copy of the materials (information or software) on Black Cloud Media’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Black Cloud Media’s website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Black Cloud Media at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing;
  • reproducing, duplicating, creating derivative, copying or otherwise exploiting material on our website for any purpose;
  • redistributing any content from our website, including onto another website.

Certain areas of this Website are restricted from being accessed by you and Black Cloud Media may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Terms of Service, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Black Cloud Media a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third party’s rights. Black Cloud Media reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Please read our Privacy Policy, our Cookie Policy, and our Affiliate Disclosure.

No Warranties Disclaimer

The materials on Black Cloud Media’s website are provided on an ‘as is’ basis with all faults. Black Cloud Media expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of Liability

In no event shall Black Cloud Media, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Black Cloud Media’s website, even if Black Cloud Media or a Black Cloud Media authorized representative has been notified orally or in writing of the possibility of such damage.

In no event shall Page One Properties, LLC, nor any of its officers, directors, employees, and subcontractors be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Page One Properties, LLC, including its officers, directors, employees, and subcontractors shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PAGE ONE PROPERTIES, LLC OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Accuracy of Materials

Further, Black Cloud Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

The materials appearing on Black Cloud Media’s website could include technical, typographical, or photographic errors. Black Cloud Media does not warrant that any of the materials on its website are accurate, complete or current. Black Cloud Media may make changes to the materials contained on its website at any time without notice. However, Black Cloud Media does not make any commitment to update the materials.

Links

Black Cloud Media has not reviewed all of the sites linked to its website and is not responsible for the content of any such linked site. The inclusion of any link does not imply endorsement by Black Cloud Media of the site. Use of any such linked website is at the user’s own risk.

Indemnification

You hereby indemnify to the fullest extent Black Cloud Media and Page One Properties, LLC from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Black Cloud Media is permitted to revise these Terms of Service for its Website at any time without notice as it sees fit. By continuing to use this Website you are agreeing to be bound by the then current version of these Terms of Service. By using this Website you are expected to review these Terms on a regular basis.

If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Assignment

Black Cloud Media is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Black Cloud Media and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Idaho in the United States of America, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Idaho, United States of America for the resolution of any disputes.