Terms and Conditions

Terms of Use

Thank you for visiting our website, which is owned and operated by Black Girl PR LLC (“Company” “we” “our”, “us”). Visitors and users of our website (“you” or collectively, “Users”) may access our website subject to the following terms and conditions (“Terms of Use”) which may be updated by us from time to time without notice. By visiting our website you agree to be legally bound by these terms. If you do not agree to our Terms of Use, please do not use our website.

Users who create an account on our website agree to our Terms of Use and any terms and conditions that may accompany the purchase of a product or service. In the event of a conflict between the Terms of Use and any associated terms and conditions of a product or service, the terms and conditions of the product or service will control.

Intellectual Property

This website, its contents, features and functionality, including all related information, software, text, displays, images, video, audio and design, are owned by the Company and protected by United States federal and state intellectual property laws. Unless otherwise indicated, all trademarks, service marks, logos, product and service names, designs and slogans appearing on this website are the property of the Company. 

Nothing in these Terms of Use shall be deemed to grant you any license or right to any copyright‚ trademark‚ patent, trade secret or other intellectual property right of the Company.

Unless expressly authorized by the Company, you may not use our website content to modify, copy, upload, post, reproduce, republish, transmit, translate, sell, create or distribute any identical, similar or derivative works in any manner.

User Accounts

You may be given the opportunity to create an account with our website via online registration by selecting a user name and password and providing an email address. If you choose to create an account‚ you agree to provide accurate and complete registration information‚ and to update your account with any changes to such information. Failure to provide accurate and complete information constitutes a material breach of these terms which may result in the termination of your account. We reserve the right to refuse registration or cancel any User account in our discretion.

If you choose to make a purchase, you agree to provide valid payment, billing and shipping information if applicable. We reserve the right to cancel an order for any reason, including invalid or fraudulent information. You acknowledge that products and services may vary and prices are subject to change.

Restrictions on Use

You may only use this website for lawful purposes and in accordance with our Terms of Use. You agree that you will not: (1) transmit or upload to the website any item containing a virus‚ worm‚ defect‚ malware or other feature designed to damage or degrade our website performance; (2) use the website to reverse engineer or gain unauthorized access to any computer network including attempts to obtain passwords or security encryption codes; (3) infringe on any copyright, trademark or other intellectual property right of any person or entity; (4) spam, threaten or otherwise harass users;  (5) impersonate any person or entity, including the Company; (6) submit to the website illegal content; or (7) use the website or its content to violate any applicable local‚ state‚ federal or international laws.

User Content

We may provide communal features on our website that allow users to post, submit, publish, display or transmit content. You grant the Company a non-exclusive, royalty-free, worldwide license to use the content you post to our website for marketing purposes. By posting, downloading, displaying, performing, transmitting or otherwise distributing your content to our website (“User Content”), you grant the Company a license to use User Content in connection with its business marketing activities including the right to use, reproduce, modify, perform, display, distribute and disclose User Content to third parties. You warrant and represent that you own or control all rights in the User Content and have the right to grant such license to us. You agree that you will have no claim or other recourse against the Company for infringement of any proprietary right with respect to your User Content.

Inappropriate User Content

As a User, you agree not to post, upload, transmit or otherwise distribute User Content that (a) is libelous, defamatory, obscene, sexually explicit, abusive or threatening; (b) invasive of another’s privacy, promotes violence or contains hate speech; (c) violates applicable federal, state, local or international laws; or (d) advertises or solicits for goods or services. The Company reserves the right to block the distribution of such User Content and suspend or terminate the account of any User who violates our Terms of Use. The Company will aid law enforcement officials or agencies in any investigation of the violation of these Terms of Use or any applicable laws.

Copyright Infringement

We respect the intellectual property rights of others and take infringement seriously. If you have a claim for copyright infringement you must follow the requirements of the Digital Millennium Copyright Act by providing us with the following information:

  • A description and location of the copyrighted work that has been infringed (provide URL);
  • The location of the infringing material (provide URL);
  • Your address‚ telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner‚ its agent or the law;
  • A statement under penalty of perjury that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

ATTN: Copyright Agent

Black Girl PR LLC

P. O. Box 32242

Phoenix, AZ 85064

info@blackgirlpr.com

 

Third Party Links

Our website may contain links to third-party websites. These links are only provided for convenience and are not an endorsement by us of their content. We have no control over the content of third party websites and we are not responsible for any loss or damage that may arise from your use of them. If you choose to access any third-party websites linked from our website, you do so at your own risk and subject to the terms and conditions of each third-party website.

No Warranties

OUR WEBSITE IS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME ANY AND ALL RISK WITH YOUR USE OF OUR WEBSITE OR ITEMS OBTAINED VIA OUR WEBSITE. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE MAKE NO PROMISES OR WARRANTY THAT THE WEBSITE OR ITEMS CONTAINED THEREIN WILL MEET YOUR EXPECTATIONS FOR COMPLETENESS, ACCURACY OR SECURITY OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THIS WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE STATE LAW.

Limitation of Liability

THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THE FOREGOING LIMITATION APPLIES TO ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THE USE OF OUR WEBSITE, ITS ITEMS CONTAINED THEREIN OR ANY THIRD PARTY WEBSITE LINKED FROM OUR WEBSITE.

IF COMPANY IS FOUND TO BE LIABLE TO YOU FOR DIRECT DAMAGES IN CONNECTION WITH YOUR USE OF ITS WEBSITE, COMPANY’S LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR ITS PRODUCTS AND SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

Class Action Waiver

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, officers, agents and employees from any and all claims, demands, losses, causes of action, lawsuits, judgments, including any attorneys’ fees and costs allowed by law, arising out of or relating to: (1) your misuse of our website, including any data or content transmitted or received by you or any activity related to your account; or (2) your violation of these Terms of Use. We shall notify you in writing about the raised claim in a timely manner and authorize you to lead and settle the legal proceedings (without any admission of liability by us without our prior written consent) at your own cost.

Governing Law and Venue

This Policy shall be construed and governed by the laws of the State of Arizona without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts of the above listed state and you waive any objection to personal jurisdiction, venue or forum non conveniens.

Changes

We reserve the right to change, suspend or discontinue all or any part of our website at any time and for any reason without prior notice or liability. We reserve the right to change our Terms of Use at any time and in our sole discretion. Your continued use of our website constitutes your agreement to all such terms and conditions.

Miscellaneous

Our failure to exercise or enforce any provision of our Terms of Use shall not be construed as a waiver of that provision or any other provision. No waiver shall be effective against us unless made in writing. These terms and conditions constitute the entire agreement and understanding between you and the Company and supersedes all prior discussions and agreements, either oral or written, relating to the subject matter. If a court of competent jurisdiction finds any of the foregoing terms or conditions invalid or unenforceable, that determination shall not affect the validity or enforceability of the remaining terms and conditions, which shall continue to be given full force and effect.

LAST UPDATED: 12/29/2021