We use terms such as “we”, “us”, “our” and ourselves” to mean and refer to “Blacksands Pacific Energy Services”, "Blacksands Pacific", "Blacksands Pacific Energy Corporation" and the “THE BLACKSANDS PACIFIC GROUP, INC” of companies, as well as our respective suppliers, agents and representatives, who, individually and/or collectively, are part of or service the The Blacksands Pacific family of companies. We invite you to learn more about who we are and what we do at www.blacksandspacific.com. We will use terms such as “user”, “you” or “your” to mean and refer to you and other users of our Website. We will use the term “Services,’” to mean and include any and all of the features, functions, services, promotions, including sweepstakes and contests, offers, receive or exchange information and/or any other activities and transactions available to you as a user of any of our Websites. “Content” means and includes such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, 'look and feel' and arrangement of items and all copyrightable or otherwise legally protectible elements of any and all of our Websites. Unless we tell you otherwise, the term “Website” means and includes all Services and Content, all web pages within our Websites, and all backup, mirror, replacement or substitute websites or pages we may make available.
When you see the word “use" or "using" it includes any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through any of our Websites, for any purpose, or if you try to do any of these things.
As you read through the Agreement, you should understand that we use words such as “include” or “including” to be comprehensive and provide examples, not to limit, define or be exclusive.
We reserve the right, at any time and from time to time, in our sole discretion, to add, delete or modify this Agreement, as well as any of our Websites. We will post or display a notice of material changes to this Agreement on any and all Websites affected by the change and once we post them, these changes will be effective on the date specified. If you use our Websites after the changes become effective, it means you are agreeing to be bound by the changes. You should check back here on a regular basis and review this Agreement, so you are aware of the current terms and conditions that apply to you.
Respecting Your Privacy
Registering on Our Websites
Some of our Websites may allow or require you to enroll in order to use certain Services or Content. You will be required to provide us with information about you during the registration process and you will be asked to choose a user name and password (or we may assign an initial password, which we will give you the option to change). Once we receive all the information required for registration we will confirm you have become a “Registered User” of that Website and you will be asked to log in using your unique user name and password combination which we will refer to as your “User ID.” You can terminate your registration on any of our Websites by following the instructions we provide on that Website, subject to any obligations you previously agreed to and which have not yet been fully performed, fulfilled or completed. We can terminate your use of and registration on any of our Websites, at any time without liability or obligation of any kind whatsoever.
You must be an adult (or have a parent’s permission) to use our Websites, If you are at least 13 years old but you are not yet considered an adult where you live (generally age 18) you can only enroll and become a Registered User if you get consent from your parent or legal guardian (“parent”). If you are under 13 you may not enroll, register, become a Registered User or use our Websites at all.
Keep Your User ID Confidential
Who Owns the Intellectual Property and Other Rights?
Each of our Websites and, except as described below, all Content, is either our property or the property of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners, and is protected under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. You keep ownership to all Content that is yours and if you submit Content to us, this Agreement does not deprive you any proprietary rights you may have in your Content. However, when you submit or provide Content to us or any of our Websites, you are giving us an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (a “license”) and you represent and warrant you have the right to give us such license. If you do not have the right to license Content to us (or if you are not sure), do not submit or provide Content to us.
You may only use Content of ours or others for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial, whether or not money, other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you may not use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both.
We Don’t Offer Goods or Services on Our Websites
Neither our making any Websites, Services or Content available, nor your use of or visit to any of our Websites constitutes an offer of any kind with respect to any goods and services from us. While we do offer and make available goods and services, we do not do so on or through our Websites since our offers and rights to do so vary from country to country and are subject to different terms and conditions. If you wish to know more about our offerings you can use the contact information provided on our Websites or go to www.blacksandspacific.com for information about how to contact us.
Links to Other Sites
If you see or use links or conduits on our Websites to browse, redirect or visit any other websites, web pages or other internet or web-based locations, that does not mean we are associated with or review them, monitor or endorse them. We have no obligation, responsibility or liability to you or anyone else if you go to another website, page or anywhere outside our Websites, even if a link on our site allowed, enabled or directed you there. When you leave our Websites, you should review the terms, conditions, privacy and other policies that apply since we don’t control, nor do we have any responsibility for any third party sites, their practices or anything associated with their operations. In fact, even if another website or web page has our name, logo or identification normally associated with us, that does not mean they are affiliated or have any relationship with us and you should not assume it is ours or under our control.
Our Liability is Limited
OUR WEBSITES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THEY WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NOT RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS FOR THE PROTECTION AND SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION. BY USING ANY OF OUR WEBSITES, YOU ASSUME ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH OUR WEBSITES OR THEIR USE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITES, YOUR AGREEMENT WITH US AND/OR YOUR USE OF THESE, INCLUDING COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE MAY NOT APPLY TO YOU.
You Will Indemnify Us
The Law That Applies to this Agreement
This Agreement can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. If any provision is found to be illegal, invalid or unenforceable, it shall be severed and not affect the rest of this Agreement which will remain in full force and effect. Headings are for reference and shall not affect meaning. No claim or action relating in any way to this Agreement, our Websites or otherwise with respect to the subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
Copyright © 2012 The Blacksands Pacific Group, Inc. All Rights Reserved