Blaqbook Terms of Service

Welcome to Blaqbook!

Please read these terms and conditions carefully as they contain important information regarding your legal rights and obligations when using our services.

These Terms and conditions (“Terms”) constitute a legally binding agreement between the Blaqbook Experience (“Blaqbook”, “us”, “we” or “our”) and you (also referred to as the “User”) and govern your access to and use of our services through our application (the “App”). By accessing and using the App, you affirm that you have read, understand and agree to be bound by these Terms, all applicable laws and regulations, our Privacy Policy and any other policies that we may publish from time to time.

If you are not willing to be bound by these Terms, you may not use our services and the App.

Amendments to these Terms
We reserve the right to amend these Terms from time to time by posting updates and/or changes to our APP. You are responsible for regularly reviewing the Terms to obtain timely notice of such amendments. Your continued use of or access to the App following the posting of any changes constitutes acceptance of those changes.

Our App
Our App is a social media portal that allows community members to connect and share personal recommendations relating to categories that include products and services as well as hotels and restaurants. Through our App the Users have options to create private or public accounts, create content, share their customer service experience, upload photos, explore useful information about different products in which they are interested, as well as to create their own wish list of places to visit or things to try. Our App is completely free.

License
We hereby grant you a non-exclusive, non-transferable, limited license to use the App solely for your personal non-commercial purposes, in accordance with the provisions set out in these Terms. All rights not expressly granted to you in these Terms are reserved by us. This license shall automatically terminate if you violate any of these Terms and may be terminated by us at any time.

Your Account
Legal age: To use our services you must be of legal age in your jurisdiction and legally authorized to enter into this agreement. Minors must get permission from their parent or guardian before using the App.
Accuracy: You agree to provide us with true and accurate information as requested by us from time to time and you agree to promptly notify us of any changes to this information.
Responsibility: You are solely responsible for the maintenance, confidentiality and security of your account, including the security of your password and all activities that occur under your account. You are not allowed to share your account details or transfer your account to any third party.

Acceptable Use and Prohibitions
You may use the App and our services only for purposes expressly permitted by us.
Any unauthorised use of our App or misuse of any information posted to the App is strictly prohibited.
To ensure safe and healthy environment for our Users, we developed the following community rules. You are obliged to read and fully comply with all the below rules.

Communication rules
Be responsible: You are responsible for your actions and the lawfulness and accuracy of your content.
Be polite: Respect other Users, make sure your content does not offend anyone, be thoughtful when making any statements, respect others’ opinions.
Be helpful: Make sure your content is informative, useful and helps to raise awareness. Foster meaningful interactions.

Prohibited actions
It is strictly prohibited:

• to use the App for any purpose that is unlawful or prohibited by these Terms.
• to use the App in any manner which could disable, overburden, damage, or impair the App.
• to copy, modify, distribute, display, send, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from our App.
• to attempt to identify, disclose or divulge personal information of other Users or third parties without their consent.
• to harm or attempt to damage Blaqbook, other Users, or other third parties.
• to post false or misleading information or post any content that is defamatory, malicious, obscene, intimidating, discriminatory, harassing, threatening or contains hate propaganda, or calls to violence of any kind.
• to post any sexually explicit content.
• to infringe copyrights or other intellectual property rights of Blaqbook, other Users, or other third parties.
• to conduct any fraudulent activity or spam or act in any way that hinder the operation of our services.
• to share/post inappropriate content.
• to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• to post any content or data that you do not have a right to transmit or share.
• to access or collect data from our App using automated means or attempt
• to access data you do not have permission to access.

We have the right, but are not obliged, to moderate any content posted on our App and to remove or refuse any information for any reason. We may, in our sole discretion, delete irresponsible content or content that is otherwise inconsistent with the purpose of our App.

Intellectual Property rights
Copyrights of posted content belong to the User who posted such content. By posting any content, the User grants Blaqbook a worldwide, non-exclusive, sub-licensable, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute and create derivative works of your content. This license will end when your content is deleted from our App.
Furthermore, by posting any content you represent and warrant that:

• you are at legal age to enter into this agreement.
• you are the sole owner of the content, or you are fully authorised to post the content.
• the use of the content will not violate the rights of any third party, including intellectual property rights.

DISCLAIMER OF WARRANTIES
Our services and the App, including all the content, materials and data, are provided “AS IS” and “AS AVAILABLE” without any warranties of any kind, either express or implied. To the fullest extent permissible by law, Blaqbook disclaims any and all warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property or other violation of rights.

• We do not warrant that the App or its functions will be available, work without interruptions, or will be error-free.
• We make no warranty as to the accuracy, completeness, reliability, safety or usefulness of any content on the App. You read all content at your own risk. Do not rely on the information or advice in any of the postings. Blaqbook shall not be responsible in any manner for any consequences arising out of or in connection with any interaction, discussion on the App or your use of the information, materials, or services posted by other Users.
• We shall not be held liable for any content posted by any User. We do not control, represent, or endorse any opinion or statement expressed by Users.
• We shall not be held liable for damage suffered by the User due to using the services or inability to use the services.
• We shall not be held liable for any trouble between the Users arising in relation to the services.
• Any third-party links posted by Users are not under our control and we are not responsible for their terms, rules, content or actions. We do not review and check any third-party links posted by the Users. When using third party links, you should read the relevant terms regarding the use of such third-party websites, apps, software or products.

Limitation of Liability
The use of our App is entirely at your own risk. In no event shall Blaqbook be liable for any direct, indirect, incidental, consequential, special, or any other damages, fees, fines, penalties, or liabilities, including, without limitation, damages for loss of data or profit arising out of or relating to our services, your use or inability to use the content on our App, even if Blaqbook has been notified of the possibility of such damage.  Your sole and exclusive remedy for dissatisfaction with our services is to stop using them. We will not be responsible in any way for loss or damage that results from your failure to comply with these terms or other applicable guidelines, or from any technical, human or software errors or failures found within our App. We may use third party providers in providing our services. We are not liable for the acts or omissions of any such third-party service providers.

Indemnity
You hereby agree to indemnify, defend, and hold Blaqbook, its officers, directors, employees and agents from and against any and all losses, claims, demands, liabilities, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the App.

Termination
These Terms are effective unless and until terminated by either you or us.
We may, in our sole discretion, terminate your use of our App at any time.  We reserve the right to change, suspend or discontinue all or any aspects of our App at any time without prior notice.
We may suspend or permanently disable access to your account if you repeatedly breach our terms and policies, infringe other people’s intellectual property rights, or if we are required to do so for legal reasons.

Governing Law
These Terms shall be governed by the laws of Australia, without regard to the principles of conflicts of law. The exclusive venue for any dispute between the parties arising out of these Terms will be the courts of Australia. You hereby acknowledge and agree that you may not bring a claim against Blaqbook relating to your use of our App after more than one year has passed since the event occurred that gave rise to the claim. You waive your right to trial by jury of any or all issues arising in any action or proceeding between you and Blaqbook, under or connected with this agreement or any of its provisions. 

General Terms

• Severability: If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
• No waiver: Any failure of either party to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
• Assignment: You are not allowed to transfer any of your rights or obligations under these Terms to any third party.
• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof.

Contact Us
Questions, notifications and complaints about these Terms or our services shall be sent to support@blaqbookapp.com.