Blackwing Holdings LLC Site Terms and Conditions
These Terms and Conditions of Use (these “Site Terms”) contain the terms and conditions governing this website, www.blackwingholdings.com(the “Site”) and is a binding agreement between Blackwing Holdings LLC (together with our affiliates and divisions, “Blackwing,” “we,” “us” and “our”) and you, the user, and any company you represent (collectively, “you”).
Please read these Site Terms carefully before using this Site. By using the Site, YOU AGREE TO THESE SITE TERMS.
If you do not accept and agree to these Site Terms, please do not access or use the Site.
We may change these Site Terms from time to time by updating this page. Your continued use of this Site after we post any revised Site Terms means that you accept the revised Site Terms.
This Site is owned and operated by Blackwing Holdings LLC. We own or have rights to all of the user interfaces, photographs, names, text, titles, phrases, trade names, trademarks, service marks, logos, wallpaper, icons, characters, page headers, button icons, scripts, artwork, images, designs, graphics, pictures, illustrations, video, music, sound, and other content of the Site and the design, structure, selection coordination, expression, “look and feel” and arrangement of such content (the “Content”) and all the HTML and other code and scripts in any format used to implement the Site (the "Code"), and we reserve all rights to such Content and Code. The Site, Content and Code (collectively, “Site Material”) may be protected by copyright, trademark, trade dress and other intellectual property rights laws, unfair competition laws, and treaty provisions and may not be used without our prior written permission or the permission of the applicable rights owners. Your failure to comply with these Site Terms will constitute a breach of contract and will violate our copyright, trademark and other proprietary and industrial property rights.
You may only access and use the Site Material as it appears on the Site for your own personal use. Any Content that you download for your own internal use must maintain all copyright or other notices. You acquire absolutely no rights or licenses to the Site Material, other than the limited right to use the Site Material in accordance with these Site Terms. Any rights not expressly granted herein are reserved.
You shall not claim ownership or authorship, or otherwise use the Site Material except as we expressly permit. You shall not hack into the Site, or otherwise gain unauthorized access to or make improper use of the Site Material. You shall not use the Site for any purpose that is unlawful.
Except as expressly permitted by these Site Terms, you shall not: (a) copy, edit, modify, upload, download, transmit, retransmit, re-publish, post, publicly display, encode, translate, link to, distribute or sell the Site Material; (b) frame the Site Material or any part thereof on any commercial or non-commercial internet website; (c) place any meta tags or inline graphics on the Site; (d) create derivative works based on the Site Material; (e) in whole or in part, decompile, disassemble, reverse engineer, integrate them into any other media, or otherwise exploit the Site Material.
Suspension or Modification of Use
We reserve the right to withdraw access to the Site or to revise the products described in the Site at any time without notice, including due to your use or access of the Site being deemed by us, in our sole and absolute discretion, to be detrimental in any respect to the operation of the Site or the access or use of the Site by anyone else. We reserve the right to modify, suspend, interrupt or terminate operation of or access to the Site Material or any portion thereof at any time without notice for any reason.
No Use by Children
The Site is intended only for use by individuals 18 years of age and older. You are not permitted to use this Site if you are under 18 years of age. If you are under 18 years of age, please ask your parent or guardian for assistance in accessing this Site.
Use of Information Submitted by You
We welcome your comments and suggestions on our Site and products, but we do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other material relating to developing, designing, redesigning, modifying, manufacturing or marketing our current or new products.
You may submit only materials that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any material. You may not submit or post material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and such material must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of submitted material.
This Site is controlled and operated in whole or in part by Blackwing Holdings LLC from our offices within the United States of America, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. You are responsible for complying with the laws of the United States and the laws of the jurisdictions where you are located and from which you access the Site, including U.S. export and re-export laws and regulations regarding the transmission of technical data, and you agree that you will not access or use the Site Material in violation of such laws.
Not all of the products described on the Site are available in all jurisdictions. Furthermore, nothing on the Site constitutes an offer or solicitation to buy or sell any product to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
We occasionally link to third-party websites. This is to provide you with additional information but does not mean that we endorse or are otherwise affiliated with such websites. We have no responsibility for the content or activities on those websites, and we do not guarantee or make any representation or warranty with regard to their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. We expressly disclaim any responsibility for the content of any third-party websites linked to our Site or the products or services of that third party. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
The downloading of Content is done at your own risk. We cannot and do not guarantee or warrant that the Site Material is compatible with your computer systems or that the Site Material will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer systems, and you are responsible for the entire cost of any service, repairs or connections of and to your computer systems that may be necessary as a result of your use of the Site.
No Representations or Warranties
We provide you access to the Site Material on an "AS IS" basis without any representations or warranties. You assume all responsibility and risk with respect to your use of the Site.
TO THE FULLEST EXTENT PERMITTED BY LAW,WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE MATERIAL WHETHEREXPRESS OR IMPLIED OR COLLATERAL, INCLUDING WARRANTIES OF TITLE, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEAND NON-INFRINGEMENT OR THAT THE SITE MATERIAL ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
Exclusion of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY AGAINST US HEREUNDER IS TO STOP USING THE SITE.
In all events, our total liability to you is limited to the amount, if any, that you actually paid us for accessing this Site.
You agree to defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents, subsidiaries, affiliates, vendors and suppliers from and against any and all claims, actions, demands, losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Site Material, or your breach of these Site Terms.
These Site Terms constitute the entire agreement between you and us governing the subject matter hereof. Your obligations under these Site Terms may not be delegated or assigned without our prior permission. These Site Terms may not be modified except by us updating this posting as provided herein.
If any provisions contained in these Site Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the enforceability of the remaining provisions contained herein, and any such remaining terms, conditions or provisions shall be modified to provide us with the greatest protection possible.
No delay or failure by us to exercise or enforce at any time any right or provision of these Site Terms will be considered a waiver of our rights thereof or a waiver of our rights thereafter to exercise or enforce each and every right and provision of these Site Terms. No single waiver will constitute a continuing or subsequent waiver. None of our claims or rights arising out of a breach of these Site Terms shall be discharged in whole or in part except in writing.
These Site Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to any conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Site Terms. You agree that any legal action or proceeding between you and us for any purpose concerning these Site Terms or the obligations of you or us hereunder shall be brought exclusively in a federal or state court of competent jurisdiction located in Chicago, Illinois. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Federal and State courts (both trial and appellate) located in the State of Illinois in connection with any and all suits, actions or other proceedings arising out of or in connection with this Site or these Site Terms. If you have violated or threatened to violate these policies, we may seek injunctive or other appropriate relief against you; this is in addition to any claims for damages that we may have. You agree to pay all of our costs of enforcement, including reasonable attorney’s fees.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Site Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notice and Takedown Procedures
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in a notice containing the following details:
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your contact information (address, telephone number and email address);
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your physical or electronic signature.
Please submit the notice to our designated Copyright Agent:
Copyright Agent/ DMCA
Leydig, Voit & Mayer, Ltd.
Two Prudential Plaza, Suite 4900
180 N Stetson Ave
Chicago, IL 60601-6731