Terms of Service and Privacy Policy

Terms of Service

Effective Date: July 1, 2020

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By using the Blacklist Academy platform located at https://academy.blacklistalliance.com (the “Platform” or the “Academy”), you agree to follow and be bound by these terms of service (“Terms”), and the Privacy Policy and Full Disclaimer, which are hereby incorporated into these Terms. This Platform is owned and operated by The Blacklist Alliance, Ltd. (“we,” “us” or the “Company”). In these Terms, the words “you” and “your” refer to each Platform user or user, and “Services” refers to all services provided by us.

We may revise these Terms at any time without notice to you. It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Platform. If you have any questions about these Terms, please contact us at headmaster@academy.blacklistalliance.com.

YOU AGREE THAT BY USING THE PLATFORM AND THE SERVICES YOU ARE: (1) AUTHORIZED TO DO SO BY BEING A CURRENT BLACKLIST ALLIANCE MEMBER; (2) ARE LEGALLY ABLE TO ENTER INTO A CONTRACT; AND (3) AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

The Platform operates as an online portal to give authorized users curated information on advertising and marketing law and compliance matters along with commonly encountered legal issues. We do not draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. The Platform and its Services are not substitutes for the advice of an attorney.

The Academy strives to keep its legal documents accurate, current and up to date. However, for a variety of reasons, we cannot guarantee that all of the information on the Platform is completely current or applicable to your circumstances. The law changes rapidly and is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts and certain government and administrative bodies. The law is a personal matter, and no general information or legal tool like the kind on the Platform can fit every circumstance. Furthermore, the legal information contained on the Platform is not legal advice and is not guaranteed to be correct, complete or up to date. If you need legal advice for your specific problem, issue or document, you should consult a licensed attorney in your area.

The Blacklist Alliance is not a law firm nor do we provide any legal advice. This Platform is not intended to create any attorney-client relationship, and your use of the Platform does not and will not create an attorney-client relationship between you and the Blacklist Alliance.

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of our current Privacy Policy can be found below. Our Privacy Policy is expressly incorporated into these Terms.

When you access certain portions of the Platform or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password.  You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party’s account, username or password at any time. You agree to notify us immediately of any unauthorized use of your account, username or password. The Academy shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain Academy products or Services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant us a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate our rights at any time by removing your personal information from the applicable service.

Ownership 

All right, title and interest in and to the materials provided on this Platform, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned or licensed either by the Company or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Platform or in these Terms, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Platform shall be construed to confer any license under any of the Company’s or the Platform’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Contact Information” below if you have any questions about obtaining such licenses. The Company does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Academy. Any rights not expressly granted herein are reserved by the Company.

Limited Permission to Download

The Academy hereby grants you permission to download, view, copy and print the Materials found on the Platform on any single, stand-alone computer solely for your personal, informational, and internal business use provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web Platform nor in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Platform may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

Links to Third Party Sites

This Platform may contain links to websites controlled by parties other than the Company or the Academy (each a “Third Party Site”). We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, or any website accessed from a Third Party Site, or any changes or updates to such websites. The Academy makes no guarantees about the content or quality of the products or services provided by such sites. The Academy is not responsible for webcasting or any other form of transmission received from any Third-Party Site. The Academy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Academy of the Third-Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither the Company nor the Academy are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the Platform administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

No Warranty 

THE PLATFORM AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT: (A) THE PLATFORM OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR ANY MATERIALS OFFERED THROUGH THE PLATFORM, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE ACADEMY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

Limitation of Liability 

IN NO EVENT SHALL THE COMPANY OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR MATERIALS AVAILABLE FROM THIS PLATFORM, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS PLATFORM RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF THE COMPANY TO YOU IS $500 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.

Indemnification 

You agree to defend, indemnify and hold harmless the Company, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Platform and the Materials.

Compliance with Intellectual Property Laws 

When accessing the Academy or its Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Platform is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your user account.

Governing Law; Venue 

By using this Platform, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Platform or Materials shall be instituted in a state or federal court in the State of California. You and The Academy agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Platform.

Trademarks 

The Blacklist Academy and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of the Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Contact 

If you have any questions about these Terms, or the practices of this Platform you can contact us at headmaster@academy.blacklistalliance.com.

Privacy Policy

Effective Date: July 1, 2020

The Company has prepared this privacy policy statement (“Privacy Policy”) to describe our collection, use, and disclosure of your personal information through the Blacklist Academy Platform. This Privacy Policy is incorporated into the Terms of Service. We will collect, use, and disclose your personal information as described in this Privacy Policy.

Information Collected

Through the combination of both internal and third party tracking code as well as cookies, we track the following categories of information when a visitor enters the Platform: (1) IP address, (2) domain servers, (3) type of computer used to access the Platform, (4) types of web browsers (collectively “Anonymous Data”). Such data does not collect information that identifies you as an individual. The Academy uses Anonymous Data for general marketing purposes and to help enhance customer experience on the Platform.

We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags also known as single pixel gifs or web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.

For you to access certain services that we offer through the Platform, we may require you to provide us with information that can identify you as an individual (“Personally Identifiable Information”). Personally Identifiable Information includes: (i) “Contact Data” (such as your first and last name, physical street address, city, state, zip code, phone number and email address), (ii) “Financial Data” (such as your credit card number, expiration date, and verification code), (iii) “Legal Data” (information pertaining to your issue).

Please note that Contact Data and Anonymous Data is used to gather general statistics regarding our customers and visitors, in order to enhance the consumer experience on the Platform. We may also use demographic data in a manner that does not identify you specifically or allow you to be contacted but does identify certain criteria about our users in general. For example, we may inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed.

We use your Contact Data to provide you with special information and promotions regarding our products or to contact a customer regarding an order or to respond to a question or request. Any Financial Data gathered is used for the purposes of processing or completing the financial transaction for your order.

If you post information on any message boards or forums, such information you provide may be available to other users of the Platform. You should use caution when deciding to disclose your personal information in these venues as we do not control who may participate in these interactive forum.

Choice Regarding Disclosure of Contact Information

You may choose not to provide us with any Contact Information. In such an event, you can still access and use some portions of the Platform; however you will not be able to access and use portions of the Platform that require your Contact Information.

Confidentiality and Security of Contact Information

Except as described in this Privacy Policy, we will not share your Contact Information with third parties, unless such disclosure is necessary (as determined in our sole discretion) to: (a) comply with a court order or other legal process; (b) protect the rights, property, and/or safety of the Company or any third party; or (c) enforce the Terms of Service.

We use reasonable measures to maintain the security of your Contact Information. However, no company, organization, or online community, including the Company can fully eliminate security risks associated with personal information.

Other Disclosures

We may provide your personal information to third party service providers who work on behalf of or with The Academy to provide some of the services and features of the The Academy Platform and to help us communicate with the members of our Platform. However, these service providers do not have any independent right to share this information (expect pursuant to a legal requirement such as a subpoena or warrant).

We may share some or all of your personal information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

If the assets related to the the Academy Platform are acquired by another company, that company will possess the personal information collected by us and it will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

The Academy has security measures in place to minimize the loss, misuse, destruction and alteration of the information that you provide us or that we obtain from you. We will have no liability however to you or to any third-party arising out of any such loss, misuse, destruction, or alternation.

Updates and Changes to Privacy Policy

We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, by posting such change, update or modification on the Platform. Any such change, update or modification will be effective immediately upon posting.

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