TERMS OF SERVICE

TERMS OF SERVICE

BLACKWORKNYC LLC

New York City. January, 2024

TATTOO CONSENT FORM

READING TO SHOW THAT YOU UNDERSTAND EACH PROVISION. FEEL FREE TO ASK ANY QUESTIONS REGARDING THIS WAIVER.

In consideration of receiving a tattoo from Blackworknyc LLC including its artists, associates, apprentices, agents, or any employees (hereinafter referred to as the “Tattoo Studio” I agree to the following:

- I have been read and fully informed of the risks associated with getting a tattoo. I fully understand that these risks, known and unknown, can lead to injury including but not limited to: infection, scarring, difficulties in the detection of melanoma and allergic reactions to tattoo pigment, aftercare products and/or soap. Having been informed of the potential risks associated with getting a tattoo I wish to proceed with the tattoo procedure and application and freely accept and expressly assume any and all risks that may arise from tattooing.

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- I WAIVE AND RELEASE to the fullest extent permitted by law any person of the Tattoo Studio from all liability whatsoever, including but not limited to, any and all claims or causes of action that I, my estate, heirs, executors or assigns may have for personal injury or otherwise, including any direct and/or consequential damages, which result or arise from the procedure and application of my tattoo, whether caused by the negligence or fault of either the Tattoo Studio, or otherwise.

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- The Tattoo Studio has given me the full opportunity to ask any question about the procedure and application of my tattoo and all of my questions have been answered to my satisfaction.

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- The Tattoo Studio has given me instructions on the care of my tattoo while it's healing. I understand and will follow them. I acknowledge that it is possible that the tattoo can become infected, particularly if I do not follow the instructions given to me. If any touch-up work to the tattoo is needed due to my own negligence, I agree that the work will be done at my own expense.

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- I am not under the influence of alcohol or drugs, and I am voluntarily submitting to be tattooed by the Tattoo Studio without duress or coercion.

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- I do not suffer from diabetes, epilepsy, hemophilia, heart condition(s), nor do I take blood thinning medication. I do not have any other medical or skin condition that may interfere with the procedure, application or healing of the tattoo. I am not the recipient of an organ or bone marrow transplant or, if I am, I have taken the prescribed preventative regimen of antibiotics that is required by my doctor in advance of any invasive procedure such as tattooing or piercing. I am not pregnant or nursing. I do not have a mental impairment that may affect my judgement in getting the tattoo.

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- I am not allergic to lidocaine, and consent to the use of a lidocaine solution as a numbing agent during the application of my tattoo. If you are allergic to lidocaine or do not want it to be used, please inform your tattoo artist prior to beginning the procedure.

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- The Tattoo Studio is not responsible for the meaning or spelling of the symbol or text that I have provide to them or chosen from the flash (design) sheets.

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- Variations in color and design may exist between the tattoo art I have selected and the actual tattoo when it is applied to my body. I also understand that over time, the colors and the clarity of my tattoo will fade due to unprotected exposure to the sun and the naturally occurring dispersion of pigment under the skin.

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- A tattoo is a permanent change to my appearance and can only be removed by laser or surgical means, which can be disfiguring and/or costly and which in all likelihood will not result in the restoration of my skin to its exact appearance before being tattooed.

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- I release the right to any photographs taken of me and the tattoo and give consent in advance to their reproduction in print or electronic form. (For assurance, if you do not initial this provision, please inform the Tattoo Studio NOT to take any pictures of you and your completed tattoo).

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- I agree that the Tattoo Studio has a NO REFUND policy on tattoos, piercing and/or retail sales and I will not ask for a refund for any reason whatsoever.

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- I agree that the Tattoo Studio has a NO REFUND policy on a deposit I made to secure my appointment on a certain date and time.

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- I agree to reimburse the Tattoo Studio for any attorneys' fees and costs incurred in any legal action I bring against the Tattoo Studio and in which either the Artist of the Tattoo Studio is the prevailing party.

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- I acknowledge that I have been given adequate opportunity to read and understand this document that it was not presented to me at the last minute and grasp that I am signing a legal contract waiving certain rights to recover damages against the Tattoo Studio.

If any provision, section, subsection, clause or phrase of this release is found to be unenforceable or invalid, that portion shall be severed from this contract. The remainder of this contract will then be construed as though the unenforceable portion had never been contained in this document.

I hereby declare that I am of legal age (and have provided valid proof of age and identification) and am competent to sign this Agreement.

I HAVE READ THE AGREEMENT, I UNDERSTAND IT, AND I AGREE TO BE BOUND BY IT.

**PLEASE ASK YOUR ARTIST ABOUT THE PRICE OF YOUR TATTOO BEFORE BEGINNING THE PROCEDURE - it is your responsibility to confirm the price of the tattoo, and we assume no responsibility for any misunderstanding in this regard.

IMPORTANT:  PLEASE READ ALL OF THE FOLLOWING TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE (BUT ARE NOT LIMITED TO) VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Blackworknyc provides an online informational site regarding the company’s tattooing services.

These Terms include not only the following Terms of Service, but also Tattoo consent release, guidelines, special or supplement terms and conditions of use or service posted by Blackworknyc for update and information purpose.

Our Privacy Policy available at https://www.blackworknyc.com/privacy-policy (“Privacy Policy”) informs you of Blackworknyc’s collection and use of your information (if any), including your Personal Information as defined in the Privacy Policy.

By accessing, browsing, submitting any information, to or through, You acknowledge that you have read and understand, and agree to be bound by and to comply with all of these Terms. If you do not agree to all of these Terms without any modification by you, you are not authorized to and must not access to service.

TATTOO CONSENT(continue):

I acknowledge by signing this agreement that I have been given the full opportunity to ask any and all questions which I might have about the obtaining of a tattoo and that all of my questions have been answered to my full satisfaction. 

I specifically acknowledge I have been advised of the facts and matters set forth below and I agree as follows: 

If I have any condition that might affect the healing of this tattoo, I will advise my tattooer. I am not pregnant or nursing. I am not under the influence of alcohol or drugs.

I do not have medical or skin conditions such as but not limited to: acne, scarring (Keloid) eczema, psoriasis, freckles, moles or sunburn in the area to be tattooed that may interfere with said tattoo. If I have any type of infection or rash anywhere on my body, I will advise my tattooer.

I acknowledge it is not reasonably possible for the artist to determine whether I might have an allergic reaction to the pigments or processes used in my tattoo, and I agree to accept the risk that such a reaction is possible. 

I acknowledge that infection is always possible as a result of the obtaining of a tattoo, particularly in the event that I do not take proper care of my tattoo. I have received aftercare instructions and I agree to follow them while my tattoo is healing. I agree that any touch-up work needed, due to my own negligence, will be done at my own expense.

I realize that variations in color and design may exist between any tattoo as selected by me and as ultimately applied to my body. I understand that if my skin color is dark, the colors will not appear as bright as they do on light skin.

I understand that if I have any skin treatments, laser hair removal, plastic surgery or other skin altering procedures, it may result in adverse changes to my tattoo.

I acknowledge that a tattoo is a permanent change to my appearance and that no representations have been made to me as to the ability to later change or remove my tattoo. To my knowledge, I do not have a physical, mental or medical impairment or disability which might affect my well being as a direct or indirect result of my decision to have a tattoo.

I acknowledge I am over the age of eighteen and that I have truthfully represented to my tattooer that the obtaining of a tattoo is by my choice alone. I consent to the application of the tattoo and to any actions or conduct of the representatives and employees of the tattoo shop reasonably necessary to perform the tattoo procedure. 

Explanation of the Site

 

Blackworknyc LLC may provide from time to time an online interactive and informational website, the Site, through which it provides information regarding Blackworknyc LLC tattooing services and related offerings.  In some cases, the Site offers e-commerce services and/or provides links to third party dealers, distributors, e-commerce platforms, and our affiliates.  NOTWITHSTANDING THE FOREGOING, YOU AGREE AND ACKNOWLEDGE THAT SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND NO OTHER PURPOSE.  

Disclaimers

NEITHER WE NOR ANY OF OUR THIRD-PARTY LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY ASPECT OF THE PLATFORM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  WE DO NOT WARRANT THAT SITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT, FILES, DATA OR OTHER MATERIALS (INCLUDING BUT NOT LIMITED TO ANY MEMBER CONTENT) UPLOADED TO, DOWNLOADED FROM, OR STORED BY OR WITHIN THE PLATFORM WILL BE TIMELY, CURRENT OR SECURE, OR WILL NOT BE LOST, CORRUPTED OR OTHERWISE DAMAGED OR IMPAIRED, OR THAT WE WILL BE ABLE TO PREVENT DISRUPTION OF OR TO ANY OF THE PLATFORM OR THAT WE WILL CORRECT ANY DEFECTS.

IN NO EVENT WILL Blackworknyc LLC BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF Blackworknyc LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.

Eligibility

The use of this site is intended for persons who are 18 years of age or older. Any access to or use of any User Features, or the site by anyone under 18 is prohibited. By accessing or utilizing any User Features on or through the site you represent and warrant that you are 18 years of age or older.  

Accounts

Registration, Profile, and User Content

From time to time in order to access certain User Features you may be required to register to create an Account.  You may register directly via web site or as described in this Section.  

As a User, your Account and your Account profile page will be created based upon the User Content you provide to us.  In some instances, Blackworknyc LLC will provide you, either in person or by electronic means, information necessary to establish your Account.  Any information that you provide, publish or post to or through the Platform (including any profile information you provide) or send to other Users (including via any feedback, text, any email feature, or through any Blackworknyc LLC-related Facebook, Twitter or other social media posting) will be considered User Content. You consent to us using your User Content to create an Account that will allow you to utilize certain User Features of the site reserved for our Account-holders. Our collection and use of personal information in connection with the Platform is as provided in Blackworknyc LLC Privacy Policy located at www.blackworknyc.com/privacy-policy .

As a User, you are the sole authorized user of your Account (if applicable) and are responsible for maintaining the confidentiality of any password provided by you or Blackworknyc LLC for accessing User Features. You are solely and fully responsible for all activities that occur under your Account (even if that content or activity occurs from other individuals who have accessed site and other Services through your Account), and Blackworknyc LLC expressly disclaims any liability arising from the unauthorized access or use of your Account. If at any time you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you agree to notify us immediately.

Limitation, Suspension, Termination, and Cancellation of Accounts

As a User, you may not have more than one (1) Account with Blackworknyc LLC at any given time.  Blackworknyc LLC may, in our sole discretion and without thereby incurring any liability to you or otherwise, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate, or cancel your Account and/or otherwise deny you access to the User Features, and particularly if you provide any false or misleading information, or otherwise violate any of these Terms..  

You may cancel your Account at any time via the “Cancel Account” or other similarly designated feature of the site, or by notifying us thereof by e-mail at blackworknyc@gmail.com.

Blackworknyc LLC Communications

You acknowledge that we may from time to time and as needed communicate with you by various means, including via e-mail, text message, telephone calls, and push notifications to the telephone number you provide to us, in relation to your use of the site and our tattooing services and offerings, or otherwise.  

In other instances, we will seek your consent to receive our communications before contacting you by asking you to “opt-in” to such communications.  This may include interaction with certain User Features such as our “Contact” or “Make an Appointment” features, receiving our newsletter, promotions and promotional materials provided by Bang or third parties, and updates and news concerning Blackworknyc LLC.  

Where we have already received your opt-in consent to receive certain communications, IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER SUCH “OPT-IN” COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS THAT ARE PROVIDED TO YOU ON THE SITE OR VIA THE COMMUNICATION, IF APPLICABLE (e.g., the “unsubscribe” button in our promotional emails).

Order, Returns, and Other Financial Terms

Placing Orders

If the Platform offers Blackworknyc LLC Goods for purchase, once you have successfully registered on the site as a User and your Account has thereby been established, you may place orders for Blackworknyc LLC Goods through a User Feature on the web site. Blackworknyc LLC reserves the right, in its sole discretion and at any time after receiving any order from you for any Blackworknyc LLC Goods, to accept, refuse, place on hold or cancel any order you submit to us, including the right to limit any quantities of Blackworknyc LLC Goods you may wish to purchase. 

Once we receive your order, we will provide you with an e-mail confirmation at the email address you provide for that purpose when you register on the site for an Account. Your receipt of an order confirmation does not signify Blackworknyc LLC acceptance of your order or a confirmation of our offer to sell; but simply an acknowledgement that we received your order.

After receiving your order, Blackworknyc LLC may contact you to request clarification, additional or missing information regarding your order or your Account. It is your responsibility to deliver to us in a timely manner all additional information related to your order we may request. Blackworknyc LLC reserves the right, in its sole discretion, to place your order on-hold or even cancel it if any requested information is not received in time or is incomplete. Orders which we place on-hold may at any time thereafter be cancelled by us if there is any missing information which we require.  With respect to any such orders which we cancel for which you have, at the time of cancellation, already have made payment for the Bang Goods in question, we will issue a credit or refund according to these Terms.  

If you want to make any changes to an order, please contact us as soon as possible. Please note, however, that we do not guarantee that we will be able to make any changes to your order once placed, so make sure that you double check your selections before placing your order. 

Payments and Authorizations

You agree to pay Blackworknyc LLC for all fees and charges associated with the Services, if any.  All fees and charges are due in full at the confirmation of your order.   In the case of recurring subscriptions for certain User Features, all fees and charges are due on a recurring basis as explained in connection with such User Features.  

In connection with any payments made through the system, You may be asked to provide customary billing information such as name, billing address and credit card or other payment information either to Blackworknyc LLC or its third-party payment processor(s) (including by or through the applicable application store, such as the Apple App Store or Google Play Store). You agree to pay Blackworknyc LLC for any purchases in connection with your Account or your use of any of the User Features, or otherwise provided to you or on your behalf, in each case by one of the payment methods from time to time described on provided for on the site, including the charging of the credit card account. You hereby authorize the payment and collection of any and all such amounts by the charging of the credit card, or via such other payment method provided for under your Account. If you are directed to any Blackworknyc LLC third party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. 

In furtherance of your use of the User Features, you understand and agree that Blackworknyc LLC reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card or other payment method for any fees or charges for or associated with any Blackworknyc LLC Goods or (ii) charge your credit card or other payment method a nominal amount, not to exceed one dollar ($1) per verification, or a similar sum in the currency in which you are transacting, to verify your credit card or other payment method. As a general rule, Blackworknyc LLC will collect any fees or charges due upon placement of your order.  In our discretion such fees and charges may instead be collected by us at an earlier or later point.  

Blackworknyc LLC does not control, and is not responsible for, any fees or charges that may be charged to a User by your bank, financial institution, or payment provider, with respect to Blackworknyc LLC collection of fees or payments, and Blackworknyc LLC expressly disclaims all (and you agree that Bang will have no) liability in this regard.  

Pick-Up and Shipping

Shipping charges and expected delivery dates may be displayed through the User Features at the time of your order, or may appear in an order confirmation e-mail.  Based on our service locations and your shipping address, we determine the shipping carrier for your order. Carriers that may be used include, but are not limited to, the U.S. Postal Service (USPS), United Parcel Service (UPS), and FedEx. Occasionally, we may send your order in two or more shipments.

Returns 

Blackworknyc LLC takes pride in its products and desires that all Users are satisfied with their purchase.  Our policy, however, is that all sales are final unless otherwise stated.  If you believe there is an issue with your Blackworknyc LLC Goods, please e-mail us at blackworknyc@gmail.com within five (5) days of receiving your order and we will do our best to resolve it for you.  In no event, however, is Blackworknyc LLC obligated to refund any purchase. 

Promotions

Blackworknyc LLC, at its sole discretion, may from time to time, make special offers or promotions (“Promotions’) available to some but not all Users, or to prospective Users.  Promotions, which we may from time to time offer to our Users may not be the same and different Users may be offered different Promotions.  Furthermore, prospective Users may also be offered different Promotions. No Promotion, unless and then only to the extent expressly made to you specifically, shall have any bearing whatsoever on your Account, these Terms or your relationship with Blackworknyc LLC. Any promotional coupon, which we may utilize in connection with a Promotion is applied at the discretion of Blackworknyc LLC, and while Blackworknyc LLC may in connection with a Promotion reduce the cost of certain Blackworknyc LLC Goods, if any, subject to such Promotion, based on an amount or discount value, stated by us in the Promotion, all other fees and charges for or in connection with Blackworknyc LLC Goods, as well as, all shipping and handling (if applicable), and sales tax will still apply and be due to and payable to Bang.

User Conduct

You understand and agree that you alone are responsible, at your sole cost and expense, for compliance with any and all Laws that may apply to your use of the site or any feature thereof. 

Blackworknyc LLC at all times has the right to investigate and may prosecute violations of any of the foregoing to the fullest extent of the Law.  Blackworknyc LLC reserves the right, at any time and without prior notice, to remove or disable access to any materials that Blackworknyc LLC, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the web resource.

Intellectual Property and User License Agreement

General Intellectual Property Provisions

Blackworknyc LLC License

Blackworknyc LLC grants Users a limited, non-exclusive, non-transferable right and license, to (i) access and use the site; (ii) access and view any Blackworknyc LLC Content solely for your use of the site and (iii) access and view any User Content to which you are permitted access, solely for your use of the system. You have no right to sublicense the license rights granted in this section.  You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the site or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise to Blackworknyc LLC Intellectual Property, except for the licenses and rights expressly granted in these Terms.

User Content License

Blackworknyc LLC may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Blackworknyc LLC a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, create derivative works (as defined in 17 U.S.C. § 101) from, and otherwise exploit such User Content on, through, by means of, or to promote or market the Platform. Except as set forth herein, Blackworknyc LLC does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.  Notwithstanding the foregoing, all derivative works (as defined in 17 U.S.C. § 101) resulting from User Content that is created or authored by Blackworknyc LLC or otherwise associated with any subsequent research by Blackworknyc LLC or its affiliates or contractors, shall become the property of the Company.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the web system. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the platform or you have all rights, licenses, consents and releases that are necessary to grant to Blackworknyc LLC the rights in such User Content, as contemplated under these Terms.

Suggestions

If you provide any suggested improvement(s) to the web resource or any feature or functionality thereof (each a “Suggestion” and collectively “Suggestions”) to Blackworknyc LLC, you agree to and hereby do assign to Blackworknyc LLC, and we will own, all right, title and interest (including any Intellectual Property Rights) in and to any Suggestion even if the person making the Suggestion has designated the Suggestion as confidential or proprietary.  Blackworknyc LLC shall be entitled to use and exploit any Suggestion without restriction or notice.  

Notice of Alleged Infringement

If you are an intellectual property owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged infringements taking place on or through the Platform by submitting a complete Notice of Alleged Infringement as described below and delivering it to Blackworknyc LLC. Upon receipt of the Notice as described below, Blackworknyc LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing content from the site.

  1. Provide your mailing address, telephone number, and, if available, email address.

  2. Identify the intellectual property that you claim has been infringed by providing a comprehensive list of the items (works, trademarks, etc.) that you claim have been infringed.  If your work is registered with the United States Patent and Trademark Office, United States Copyright Office, or other intellectual property office or jurisdiction, you must include copies of the registration certificates or information sufficient to confirm that such work is in in fact protected. 

  3. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the site where such material may be found.

  4. Provide your full legal name and electronically sign and affirm the following statement:  "I hereby affirm that I have a good faith belief that the disputed use of the material is not authorized by the owner, its agent, or the law (e.g., as a fair use).  I affirm that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the Intellectual Property or of an exclusive right under the Intellectual Property that is allegedly infringed."

  5. Deliver this Notice, with all items completed, to Blackworknyc LLC by email to blackworknyc@gmail.com. 

Affiliate Marketing; Third Party Websites, Applications, Links, and Resources

The Platform may contain links to or otherwise interface or connect with third party websites or resources, such social media sites, and payment processors. You acknowledge and agree that Blackworknyc LLC is not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. 

AFFILIATE MARKETING DISCLAIMER:  In addition, in some instances and from time to time we may provide through the Platform links to certain third-party products and services and those links may be affiliate links.  If you click on those links and chose to make a purchase from such a third party, we may in certain instances earn a small commission from that third party.  The commission is paid to us by the third party, not from you and you will incur no additional cost.  

Links to such websites or resources do not imply any endorsement by Blackworknyc LLC of any third-party websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.  

Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, OR ANY FEATURE OR SERVICE ACCESSED OR OFFERED ON, BY, OR THROUGH THE SITE REMAINS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Blackworknyc LLC NOR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS OR AFFILIATES, SHALL BE LIABLE TO ANY USER, ANY USER, ANY GUESTS OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS OR OTHERWISE (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR FOR ANY DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS IN CONNECTION WITH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SYSTEM OR ANY SERVICE OR ANY PART THEREOF, (II) THE PROVISION OF OR FAILURE TO PROVIDE, OR ANY INTERRUPTION OF, ANY Blackworknyc LLC SERVICE OR ANY OTHER SERVICE, (III) ANY INFORMATION, SOFTWARE, PRODUCT, SERVICE, DATA, FILE, CONTENT, OR MATERIALS STORED ON, OBTAINED THROUGH, UPLOADED TO OR DOWNLOADED FROM THE SYSTEM OR ANY SERVICE, OR ANY DAMAGE TO OR CORRUPTION OR LOSS OF ANY OF THE FOREGOING, (IV) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT, OR (V) ANY ACCESS TO OR USE OF, OR ANY INABILITY TO ACCESS OR USE ANY CONTENT OR MATERIALS. 

IN THE EVENT THAT NOTWITHSTANDING THE PROVISIONS OF THE FOREGOING PARAGRAPHS OF THIS SECTION, WE (OR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES OR THIRD PARTY LICENSORS OR SUPPLIERS) ARE FOUND LIABLE TO ANY USER, USER OR GUEST OR OTHERWISE FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, THE AGGREGATE AMOUNT OF ALL SUCH LIABILITY SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US BY USER OR YOU (AS APPLICABLE) FOR AND WITH RESPECT TO THE PARTICULAR SERVICES THAT GIVE RISE TO SUCH CLAIM IN WHICH THE CAUSE OF ACTION ACCRUED.  

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree and must at all times indemnify, defend and hold Blackworknyc LLC and its third party suppliers or licensors, each of our and their business partners and each of our and their respective employees, officers, directors, managers and representatives (each an “Indemnitee” and collectively the “Indemnitees”), harmless from and against any and all losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including attorneys’ fees and court costs) suffered or incurred by any of the Indemnitees as a result of any third party claim, action, suit, or proceeding arising out of or incident to (i) any User or other person’s use of or access to the site in a manner not authorized by these Terms, or in violation of any applicable laws, (ii) Content including any claim involving infringement or misappropriation of third party rights or the use, development, design, manufacture, production, advertising, promotion or marketing of User Content, (iii) any breach by User or any other person of any term or condition of these Terms, including without limitation, any representation and warranty hereunder, or (iv) any act, omission or misconduct of User or any other person using or accessing the site. 

We will promptly notify you of any claim which we become aware of and which we believe to be subject to indemnification under this Section; provided that our failure to promptly notify you shall not affect your indemnification obligations hereunder except to the extent that our failure to promptly notify you materially prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim(s) with counsel of your own choosing (subject to a conflicts assessment), and to settle such claim as you deem appropriate, provided that you (nor any Person acting on your behalf) may enter into any settlement without Bang’s prior written consent (which may be conditioned or withheld in our sole and absolute discretion) and provided that we may, at any time, elect to take over control of the defense and settlement of any claim.

Dispute Resolution

Arbitration

You and Blackworknyc LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief (and associated legal relief) in a court of competent jurisdiction to redress or prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights. You acknowledge and agree that you and Bang are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. Further, unless both you and Bang otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. 

Rules and Governing Law 

This agreement to arbitrate evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.  The AAA Rules are available at www.adr.org/Rules.  The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Location and Procedure 

Unless you and Blackworknyc LLC otherwise agree, the arbitration will be conducted in New York, New York, United States.  If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Blackworknyc LLC submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Decision 

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. 

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. 

Changes

Notwithstanding the provisions of the “Modification” section above, if Blackworknyc LLC changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Blackworknyc LLC email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Blackworknyc LLC in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Provisions

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Blackworknyc LLC via email (in each case to the address that you provide) or by posting to web site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in New York County, New York or a United States District Court, Southern District of New York located in New York County, New York for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights, as set forth in the Dispute Resolution provision.

Severability

If any provision of these Terms, or the application of such provision, is held invalid by a court of competent jurisdiction, the remainder of these Terms, and the application of such provision to persons, entities, or circumstances other than those with respect to which it is held invalid, shall not be affected.

Waiver and Enforceability

The failure of Blackworknyc LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing.  If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Third Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.

Term and Termination

These Terms are effective upon your access and use of the site or of any User Feature, as amended by any modifications made by Blackworknyc LLC as outlined at the start of these Terms. You may discontinue your use of User Features at any time, for any reason. We may revoke your permission to access the system or any or all User Features, at any time, for any reason, with or without notice to you. We reserve the right to refuse access to the site or any User Feature to any User for any reason not prohibited by applicable Law. Either party may terminate the Terms for any reason upon written notice to the other party. 

Survival

These sections: Definitions, Acknowledgments and Disclaimers, Intellectual Property and User License Agreement, Limitation of Liability, Indemnification, Dispute Resolution and General Provisions shall survive termination of these Terms.

Entire Agreement

 

These Terms constitute the entire and exclusive understanding and agreement between Blackworknyc LLC and you regarding any Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Blackworknyc LLC and you. 

Assignment

These Terms are neither assignable, transferrable nor delegable by you whether by operation of Law or otherwise. Any attempt by you to assign, transfer, or delegate any of these Terms, will be null and void and of no effect. Blackworknyc LLC may assign, transfer, or delegate these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the respective parties, their successors and permitted assigns.

How to Contact

If you have any questions regarding these Terms or our privacy practices, you can contact us at:

Blackworknyc LLC, 

Email: blackworknyc@gmail.com