Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by tryblackbird.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
By signing up for the tryblackbird.com service (the "Service) and subscribing, you agree to pay tryblackbird.com the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of the Service for a monthly subscription period as indicated. Service fees are not refundable.
Unless you notify tryblackbird.com before the end of the applicable subscription period that you want to cancel the Service, your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for the Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. If you would like to cancel your service, and are unable to do so through the dashboard, please email email@example.com to let us know and we can help ensure your account is closed.
This Agreement does not transfer from tryblackbird.com to you any tryblackbird.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with tryblackbird.com. tryblackbird.com and the tryblackbird.com logo, and all other trademarks, service marks, graphics and logos used in connection with tryblackbird.com, or the Website are trademarks or registered trademarks of tryblackbird.com or tryblackbird.com's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any tryblackbird.com or third-party trademarks.
tryblackbird.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your tryblackbird.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by tryblackbird.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from tryblackbird.com's notice to you thereof; provided that, tryblackbird.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. tryblackbird.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither tryblackbird.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will tryblackbird.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to tryblackbird.com under this agreement during the twelve (12) month period prior to the cause of action. tryblackbird.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless tryblackbird.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between tryblackbird.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of tryblackbird.com, or by the posting by tryblackbird.com of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; tryblackbird.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.