Terms of service
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE (“TOS”) BEFORE USING THIS SITE. By continuing to access, link to, or use this site or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN PARAGRAPH 14 BELOW.
A. General Terms
1. User Consent to the TOS.
You represent that you have read and agree to be bound by the TOS.
2. Intellectual Property.
This Web site, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Service”) that relates to this site, are owned by or licensed by BLACK CACTUS Markets or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by BLACK CACTUS, its general and limited partners, and its subsidiaries. Their respective general partners and affiliates (collectively “BLACK CACTUS Markets”), and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of BLACK CACTUS Markets and such others. You agree to protect the proprietary rights of BLACK CACTUS Markets and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by BLACK CACTUS or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify BLACK CACTUS in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and BLACK CACTUS Markets, at all times be and remain the sole and exclusive property of BLACK CACTUS Markets. All present and future rights in and title to the Service (including the right to exploit the Service and any Service portions over any present or future technology) are reserved to BLACK CACTUS Markets for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without BLACK CACTUS’s prior written approval.
3. Restrictions on Use.
You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Service solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information in the Service in any manner that could compete with the business of BLACK CACTUS Markets or any of its suppliers.
Except as expressly permitted by BLACK CACTUS Markets in writing, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit a post, frame, link, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Service without BLACK CACTUS’s prior written consent. Nothing contained in the TOS or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Service in any manner without the prior written consent of BLACK CACTUS Markets or such third party that may own the Service or intellectual property displayed on this site.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED.
Any use of the Service other than as permitted by the TOS will violate the TOS and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the TOS by others that you become aware of.
You may use the “e-mail this article” function solely to inform others about a BLACK CACTUS Markets News article, and you shall immediately cease using this function concerning recipients who have requested not to receive such information. You may not offer any part of the Service for sale or distribute it over any other medium, including but not limited to over-the-air television or radio broadcast, a computer network, or hyperlink framing on the internet without the prior written consent of BLACK CACTUS. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or any part) in databases for access by you or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party.
You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Service that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of BLACK CACTUS, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.
You may not use any of the trademarks, trade names, service marks, copyrights, or logos of BLACK CACTUS Markets in any manner which creates the impression that such items belong to or are associated with you or are used with BLACK CACTUS Market’s consent. You acknowledge that you have no ownership rights in and to any of such items.
You may neither interfere with nor attempt to interfere with or otherwise disrupt the Service's proper working, any activities conducted on or through the Service, or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the Service's security or attempt to gain unauthorized access to the Service, data, materials, information, computer systems, or networks connected to any server associated with the Service through hacking, password timing, or any other means. You may neither take nor attempt any action that, in the sole discretion of BLACK CACTUS, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process, or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express wrote consent of BLACK CACTUS. You may not forge headers or otherwise manipulate identifiers to disguise the origin of any other content.
(i) You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service by the TOS. Should you choose to download content from the Service, you must do so by the TOS. Such download is licensed to you by BLACK CACTUS Markets ONLY for your own personal, noncommercial use by the TOS and does not transfer any other rights to you.
(ii) BLACK CACTUS Markets’ long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). Accordingly, we ask that you do not send us any original creative materials that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, BLACK CACTUS Markets may freely use the submission, in whole or in part, for any purpose without any obligation to you.
Without limiting the generality of the foregoing, if you submit material (i.e., user-generated content, including, but not limited to: comments, text, video, audio, and photographs) to this site, any other site owned by BLACK CACTUS and its affiliates or to BLACK CACTUS or its representative, or if you send us creative suggestions, ideas, notes, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”), despite our request that you do not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance.
None of the Submissions shall be subject to any obligation of confidence on the part of BLACK CACTUS Markets, and BLACK CACTUS Markets shall not be liable for any use or disclosure of any Submissions. Unless BLACK CACTUS indicates otherwise, you grant to BLACK CACTUS Markets a perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sublicensable, and transferable (in whole or in part) worldwide right and license in all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit Submissions for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in BLACK CACTUS Market's discretion without additional notice, attribution or consideration to you or any other person or entity.
You also permit any other user to access, store, or reproduce Submissions for that user’s personal use. You grant BLACK CACTUS Markets the right to use the name that you submit in connection with Submissions. You agree and understand that BLACK CACTUS Markets is not obligated to use any Submission you make to this site or BLACK CACTUS Markets, and you have no right to compel such use. You hereby acknowledge and agree that your relationship with BLACK CACTUS Markets is not a confidential, fiduciary, or other special relationship and that your decision to submit any material to BLACK CACTUS Markets does not place BLACK CACTUS Markets in a position that is any different from the position held by members of the general public concerning your Submission. You represent and warrant that you are the original author or creator of the Submissions (except as expressly indicated otherwise), that neither the permission nor consent of any other person or entity is required to enable BLACK CACTUS Markets to legally use your Submission in accordance with this license and that BLACK CACTUS Market's use of your Submission in accordance with this license will not violate or infringe upon the rights of any person or entity, and that you own or otherwise control all of the rights to the Submissions that you submit; that the Submissions you submit are truthful and accurate; that use of the Submissions you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify BLACK CACTUS Markets and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from Submissions you supply.
BLACK CACTUS Markets and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any Submissions submitted by you or any third party. You hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas, and forever release and discharge BLACK CACTUS Markets and its licensees from any claims you may have in connection with BLACK CACTUS Market’s use of your Submission in accordance with this license. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of BLACK CACTUS Markets’s actual or alleged exploitation or use of any material you submit to this site and/or BLACK CACTUS Markets, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to be injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any BLACK CACTUS Markets product or service based on or allegedly based on the material. Your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in action at law. You agree that this authorization contains the full and complete understanding between BLACK CACTUS Markets and you regarding BLACK CACTUS Markets’s use of your Submission and cannot be modified except by a document signed by BLACK CACTUS Markets and you.
5. Fees and Payments.
BLACK CACTUS reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. This includes but is not limited to BLACK CACTUS Markets’ subscription service, which allows anonymous and registered users to access a limited number of free articles per month and a limited amount of free video every 24 hours before requiring payment for additional access.
if at any time BLACK CACTUS requires a fee for portions of the Service or the Service as a whole, BLACK CACTUS will require you to register and create an account. The decision to provide the information required to create an account is purely voluntary and optional; however, if you elect not to provide such information, you will not be able to access certain content or participate in certain parts or features of this site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by BLACK CACTUS Markets or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time at BLACK CACTUS’s sole discretion. The Prepaid Fee and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless BLACK CACTUS receives all fees and charges payable by you, including the Prepaid Fee.
6. Registration and Account Creation.
As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password. You will provide BLACK CACTUS with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that BLACK CACTUS, in its sole discretion, deems offensive or inappropriate. BLACK CACTUS reserves the right to deny the creation of your account based on BLACK CACTUS’s inability to verify your registration information's authenticity. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify BLACK CACTUS by submitting FEEDBACK of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, the use of the account by any third party authorized by you to use your username and password. You agree you will not sell, transfer or assign your membership or any membership rights.
The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. BLACK CACTUS reserves the right to terminate your account, in its sole discretion, at any time without notice. If we disable your account, you agree that you will not create another one without our permission. You may terminate your account at any time by submitting feedback. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, BLACK CACTUS reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.
7. Disclaimer and Limitation of Liability.
(i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT BLACK CACTUS MARKETS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. BLACK CACTUS MARKETS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, THE SERVICE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. BLACK CACTUS MARKETS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BLACK CACTUS MARKETS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
(ii) BLACK CACTUS Markets does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by BLACK CACTUS Markets or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that BLACK CACTUS Markets and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of BLACK CACTUS Markets, its parent, or their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against BLACK CACTUS Markets by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Service is not maintained or controlled by BLACK CACTUS Markets. Our provision of links to Third Party Sites is not an endorsement of any information, product, or service that is offered on or reached through such Third Party Site BLACK CACTUS Markets is not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. BLACK CACTUS Markets does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness, or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. If you decide to leave this site and access the Third Party Sites, you do so at your own risk, and you should be aware that our terms and policies no longer govern. BLACK CACTUS Markets is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that BLACK CACTUS Markets and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
(iii) You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world; (iii) BLACK CACTUS Markets does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which BLACK CACTUS Markets is a party; (v) none of the information contained on this site constitutes a solicitation, offer, opinion, endorsement or recommendation by BLACK CACTUS Markets to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (vi) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, BLACK CACTUS Markets, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of non-performance.
(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BLACK CACTUS MARKETS, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF BLACK CACTUS MARKETS HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE SERVICE, USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL BLACK CACTUS MARKETS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542 and/or any similar provision of law or successor statute to it, with respect to any claims you may have in connection with this site or this TOS. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these TOS to release fully, finally, and forever all such matters under these TOS In furtherance of such intention, the releases set forth in these TOS shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
8. Your Authority to Agree to this TOS.
You represent, warrant, and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.
9. Sponsor Content.
(i) What Is Sponsor Content
“Sponsor Content” consists of: (i) all paid-for content created by the BLACK CACTUS Markets Inc. (“BLACK CACTUS Markets”) custom content team (“BLACK CACTUS Markets Custom Content”) in collaboration with advertisers and served by or appears in any BLACK CACTUS Markets medium and (ii) paid-for content supplied by advertisers that is served by or appears in any BLACK CACTUS Markets medium. The foregoing categories include any paid-for content purchased under the AAAA/IAB Standard Terms and Conditions.
(ii) Standards and Procedures For Sponsor Content
In addition to the general advertising guidelines established by BLACK CACTUS Markets, the standards listed below apply to Sponsor Content.
All Sponsor Content, regardless of platform, will comply with BLACK CACTUS Markets’s guiding principles:
Transparency. All Sponsor Content and marketing messages will be clearly and distinctly differentiated from independent news content.
All Sponsor Content will be appropriately labeled and distinguished from BLACK CACTUS Markets editorial content in form, function, and placement through the use of different type fonts, colors, and graphics.
Paid programming, advertorials, and sponsored programs/segments will be clearly and prominently labeled as advertising. No Sponsored Content will imply endorsement of any product or service by BLACK CACTUS Markets, nor will it feature any recognizable BLACK CACTUS Markets names or logos.
BLACK CACTUS Markets may, in its sole discretion, allow the use of a BLACK CACTUS Markets Custom Content logo to be used in Sponsor Content. The design and placement of such logo will be at the discretion of BLACK CACTUS Markets, and any and all such uses shall be subject to BLACK CACTUS Markets’s prior written approval.
All Sponsor Content must be approved in advance and in writing by a BLACK CACTUS Markets Custom Content editor before it appears on any BLACK CACTUS Markets medium.
Sponsor Content is neither produced by nor contributed to by any editorial team member of any BLACK CACTUS Markets medium, nor does it necessarily reflect the views of the editors of any BLACK CACTUS Markets medium. A disclaimer similar to the following will be included with all Sponsor Content: “A sponsor paid for the creation and placement of the content on this page. No editorial member of any BLACK CACTUS Markets medium contributed to any part of its creation, and it does not necessarily reflect the editorial views of BLACK CACTUS Markets L.P. or any of its affiliated entities.”
BLACK CACTUS Markets may, in its sole discretion, include a more detailed disclaimer with certain Sponsor Content.
BLACK CACTUS Markets reserves the right to refuse or remove any program, advertiser, or speaker that in any way: (i) disparages, defames, or discredits BLACK CACTUS Markets or its products or services or otherwise compromises- in quality or presence- BLACK CACTUS Markets’ brand or (ii) is false, misleading, deceptive or illegal
Where Sponsor Content allows user participation, the moderation and functionality of this element will be determined and implemented solely by BLACK CACTUS Markets. They will be subject to the general terms of Service for the applicable BLACK CACTUS Markets medium.
In the case of Sponsored events, sponsors will be clearly identified to all on-site participants and in marketing materials tied to the relevant conference or event in language that indicates their role as underwriters. BLACK CACTUS Markets does not guarantee speaking roles or other on-stage participation for paying sponsors and maintains editorial control and veto power.
You agree, at your own expense, to indemnify, defend and hold harmless BLACK CACTUS Markets, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.
BLACK CACTUS Markets reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with BLACK CACTUS Markets in asserting any available defense. You acknowledge and agree to pay BLACK CACTUS Markets’ reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by BLACK CACTUS Markets under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify BLACK CACTUS Markets pursuant to the TOS.
(a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (b) You agree that, without notice, BLACK CACTUS may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from BLACK CACTUS if you, in BLACK CACTUS’s sole discretion, fail to comply with any provision of the TOS. (c) BLACK CACTUS Markets shall not be liable to you or any third party for the termination or suspension of the Service or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or BLACK CACTUS, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof. BLACK CACTUS Markets will determine your compliance with the TOS at its sole discretion, and its decision shall be final and binding and not subject to challenge or appeal. Any violation of the TOS may result in restrictions on your access to all or part of this site and may be referred to law enforcement authorities. No changes to or waiver of any part of the TOS shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of BLACK CACTUS Markets. Upon termination of your membership or access to this site or upon demand by BLACK CACTUS Markets, you must destroy all materials obtained from this site and all related documentation, and all copies and installations thereof. You are advised that BLACK CACTUS Markets will aggressively enforce its rights to the fullest extent of the law.
12. Non-United States Residents & Jurisdictional Issues.
(i) BLACK CACTUS Markets operates this site in the United States. BLACK CACTUS Markets makes no representation that the Service, including merchandise offered for sale on this site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access this site from locations outside of the U.S., you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws if and to the extent local laws are applicable.
(ii) This site is controlled and operated by BLACK CACTUS Inc. from its offices within the State of Chicago, United States. BLACK CACTUS Inc. Makes no representation that materials in this site are appropriate or available for use in other locations.
13. Governing Law.
The TOS shall be governed and construed in accordance with the laws of the United States and the State of Florida, without giving effect to conflicts-of-law principles thereof. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in Florida with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
By using this site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against BLACK CACTUS Markets and/or its parent, subsidiaries, affiliates and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “BLACK CACTUS Markets Entities”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Florida (4) the arbitrator’s decision shall be controlled by the terms and conditions of these TOS and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable BLACK CACTUS Markets Entity’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any BLACK CACTUS Markets Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any BLACK CACTUS Markets Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, BLACK CACTUS Markets agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BLACK CACTUS Markets will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor BLACK CACTUS Markets shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
15. Compliance, Reputational, Operational, and Other Considerations
You represent, warrant, and covenant to BLACK CACTUS Markets that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Services or anything created using the Services in connection with: (i) activities relating to nuclear, chemical or biological weapons proliferation, terrorism, corruption, undermining of democratic rights and government, money laundering, tax evasion or human rights violations, or other similarly egregious activities or (ii) in connection with an activity in, or for the benefit of, Crimea, Syria, Cuba, North Korea, or Iran (each, an “Excluded Jurisdiction”).
16. Economic Sanctions & Export Controls
Notwithstanding any other provision of these TOS, BLACK CACTUS Markets does not represent that the Service or anything created using the Service is appropriate for use in any particular location or for any or all purposes. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws.
You represent, warrant and covenant to BLACK CACTUS Markets that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Service, any software included in or downloaded from the Service or anything created using the Service in connection with activity: (i) in, or for the benefit of, any country or region with respect to which the United Nations, United States, European Union and/or United Kingdom (the “Sanctioning Authorities”) maintains sanctions prohibiting all or substantially all shipment or provision of services, goods, technology or software (a “Sanctioned Jurisdiction”); (ii) to, or for the benefit of, the government of an Excluded Jurisdiction or a Sanctioned Jurisdiction or a person located in or normally resident of an Excluded Jurisdiction or a Sanctioned Jurisdiction; (iii) involving or benefiting a government or person whose assets a Sanctioning Authority has blocked or to which a Sanctioning Authority restricts the shipment or provision of services, goods, technology or software (a “Prohibited Party”); (iv) to the extent applicable, for the purpose of transacting in, providing financing for, or otherwise dealing in prohibited equity or debt of, or extending credit to, persons identified by (or owned or controlled, whether individually or in aggregate, by persons identified by) any Sanctioning Authority as being subject to sanctions prohibiting such activities; or (v) for any purpose that would be prohibited under the economic sanctions of any Sanctioning Authority. Each time you receive or use the Service or anything created using the Service, you shall be deemed to represent and warrant to BLACK CACTUS Markets and its affiliates that none of you, any person who acts on your behalf or at your direction, or any person on whose behalf you are acting, is: (i) located in or normally a resident of, or the government of, any Excluded Jurisdiction or Sanctioned Jurisdiction; or (ii) a Prohibited Party.
You accept that BLACK CACTUS has the right to change the content or technical specifications of any aspect of the Service at any time at BLACK CACTUS’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of BLACK CACTUS Markets to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 2 through 10, 11(c), and 12 through 20 shall survive any termination of the TOS.
The section titles in the TOS are used solely for the convenience of you and BLACK CACTUS Markets and have no legal or contractual significance.
If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
20. Entire Agreement.
The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and BLACK CACTUS, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without BLACK CACTUS Markets' written authorization.
B. SUBSCRIPTION TERMS
1. Payment Policy
Subscriptions purchased via BLACK CACTUS Markets.com/subscriptions are billed either monthly or annually. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Your subscription will be renewed automatically, and you will be charged in advance of each billing cycle unless you cancel.
If you subscribed under an introductory offer, at the end of your introductory period, your payment method on file would be charged each month automatically for the full price of your subscription. All Subscriptions are listed in US Dollars ($)
a. Student Subscriptions
Current students (in both undergraduate and graduate programs), who are over the age of 18, are eligible for purchasing a BLACK CACTUS Markets Student Digital subscription. After your program has ended and you can no longer be verified as a student, your subscription will increase to the full-priced Digital Access Plan: Monthly Student Plan – $9.99 charged every month until you graduate. Once you are no longer a student, you will be automatically charged $34.99 per month. Annual Student Plan – $99 charged annually until you graduate. Once you are no longer a student, you will be automatically charged $34.99 per month.
2. Cancellation & Refund Policy
In order to change or cancel your subscription, please sign in to your account & select “Contact Support to Cancel. “
We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
If you purchased your subscription through a third party, please refer to any terms and conditions provided to you in connection with the purchase.
a. Monthly Subscriptions
When cancelling a monthly subscription, all future charges associated with future months of your subscription will be canceled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund; however, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period.
b. Annual Subscriptions
When canceling an annual subscription, all future charges associated with future years of your subscription will be canceled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.
3. Promotional Discounts & Introductory Offers
From time to time, we offer introductory pricing at a reduced rate for a specified period of time (“Introductory Offers”). Introductory Offers can only be redeemed by first-time subscribers to BLACK CACTUS Markets.com. If you do not qualify for an Introductory Offer, we reserve the right to reject your order to reflect current subscriber pricing. BLACK CACTUS Markets may determine your eligibility for an Introductory Offer at any time without prior notice and with no liability to the extent permitted under applicable law.
For all Introductory Offers, we will require you to provide payment details to start a Subscription to BLACK CACTUS Markets.com. By providing such details, you agree that we will automatically charge the full price of the Paid Subscription on the first day following the end of the Introductory Offer on a recurring monthly basis or another interval that we disclose to you in advance.
4. Acceptable Use
Access for Authorized Subscribers will be granted to a BLACK CACTUS Markets account associated with their Company/Organizational specific email address. Subscriber shall not use BLACK CACTUS Markets’ name, logo, trademark, service mark, or other designation in any manner without the prior written consent of BLACK CACTUS Markets. BLACK CACTUS Markets hereby grants to Client a non-exclusive, non-transferable, non-sublicensable license to allow its Authorized Subscribers to consume BLACK CACTUS Markets content for personal use and for internal work-related, research, and general awareness purposes.
C. LINKING AND FRAMING TERMS AND CONDITIONS
YOU MAY NOT FRAME THIS WEB SITE, OR ANY PORTION THEREOF, EXCEPT AS PROVIDED HEREIN. IF YOU LINK TO THIS WEB SITE, OR ANY PORTION THEREOF, WE REQUIRE THAT YOU FOLLOW THESE TERMS.
1. Intellectual Property.
Upon linking to this Web site pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the BLACK CACTUS MARKETS mark owned by BLACK CACTUS Markets Inc. solely for providing an underlined, textual link from your Web site to BLACK CACTUS Markets.com. No other use of BLACK CACTUS Markets’ marks, names, or logos is permitted without express written permission from BLACK CACTUS.
2. Restrictions on Linking to this Web Site.
Without limiting other provisions contained in our TOS, you may include a link(s) on your Web site to BLACK CACTUS Markets.com’s publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). You may not link to BLACK CACTUS Markets.com any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information that violates any applicable intellectual property, proprietary, privacy, or publicity rights or is otherwise deemed inappropriate, as determined by BLACK CACTUS Markets in its sole discretion. The link to this site must not damage, dilute or tarnish the goodwill associated with any BLACK CACTUS Markets names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated, and/or associated with BLACK CACTUS Markets. BLACK CACTUS Markets reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that BLACK CACTUS Markets deems to be inappropriate or inconsistent with or antithetical to this site and/or this TOS.
3. Restrictions on Framing Activities.
BLACK CACTUS is concerned about the integrity of this Web site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, BLACK CACTUS is concerned with activities such as bringing up or presenting the content of this Web site within another Web site (“framing”). In this regard, without limiting the provisions contained in our TOS, you may not frame any Web page from BLACK CACTUS Markets.com, except with our express written permission. Further, you may not archive, cache, or mirror any BLACK CACTUS Markets.com Web page or portions of a Web page. If you would like to use, reprint, frame, or redistribute any BLACK CACTUS Markets.com content other than as permitted herein, you must request permission from BLACK CACTUS by writing to FEEDBACK. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.