BLACK DIAMOND COATINGS TERMS AND CONDITIONS
Black Diamond Coatings, Inc. (collectively with its affiliates, “Black Diamond Coatings”) accepts submissions of information and photographs (“Content”) from you subject to these Terms and Conditions. By checking “I agree” and clicking “Send” you are agreeing to be bound by these Terms and Conditions. If you are submitting or uploading Content on behalf of an entity, you represent and warrant that you are binding, and have the authority to bind, such entity to these Terms and Conditions.
By submitting or uploading Content, you hereby grant to Black Diamond Coatings a royalty-free, perpetual,irrevocable, world-wide, non-exclusive (subject to the following sentence), transferable, sublicensable (through multiple tiers) license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display, including digitally or electronically, such Content in any media or medium, or any form, format or forum now known or hereafter developed. The foregoing license shall be exclusive for the following usage categories: commercial applications. To the extent you are not the lawful owner of such rights, you represent and warrant that you have authority from the owner of such rights to grant the foregoing license to Black Diamond Coatings.
You hereby agree to abide by the Terms and Conditions applicable to Black Diamond Coatings’ website which are incorporated herein by reference and deemed a part hereof. You are expressly prohibited from posting, uploading or transmitting, or assisting any other party to post, upload or transmit, (i) any data, content or materials (a) meant to market or advertise non-Black Diamond Coatings products or services, or solicit any other persons for such purposes, (b) that infringe or violate applicable laws or any rights of any party, including, but not limited to, any patent, copyright, trademark, trade secret or any proprietary or other right of Black Diamond Coatings or a third party, or (c) that are illegal, threatening, obscene, defamatory, harmful, invasive to privacy or otherwise violate the rights of Black Diamond Coatings or a third party; and/or (ii) any disabling code, malicious software or computer code (such as a virus) which is designed to delete, disable, deactivate, interfere with or otherwise harm Black Diamond Coatings’s or a third party’s websites, hardware or software. Further, you may not submit or upload any Content if you are under eighteen (18) years old.
You represent and warrant that you own or have the rights and/or authorizations necessary for Black Diamond Coatings to use Content as specified in these Terms and Conditions. You hereby agree that you will not sell, transfer or otherwise assign your right, title and interest in and to Content to any direct or indirect competitor of Black Diamond Coatings.
Your signature and delivery of these Terms and Conditions and your performance and compliance with these Terms and Conditions will not conflict with, result in a breach of, constitute a default under or require the consent of any third party under any license, sublicense, lease, contract, agreement or instrument to which you are bound or to which the Content is subject.
By submitting Content to Black Diamond Coatings, you accept sole responsibility for its transmission and any resultant damages to you or a third party. You shall indemnify and hold Black Diamond Coatings and its managers, governors, members, agents, affiliates, contractors, successors and assigns harmless from and against all losses, liabilities, suits, actions, obligations, fines, damages, judgments, penalties, claims, causes of action, charges, costs and expenses (including, but not limited to, attorneys’ fees, disbursements and court costs prior to trial, at trial and on appeal) arising out of or related to your breach of these Terms and Conditions.
These Terms and Conditions shall be governed by, construed and enforced according to the laws of the State of Florida, without regard to its conflict or choice of law principles. Any action arising out of or relating to these Terms and Conditions shall be brought only in the state or federal courts of Florida, and all parties expressly consent to such courts’ jurisdiction and irrevocably waive any objection with respect to the same, including any objection based on forum non conveniens.
You agree to sign and deliver any further documentation, and take all actions reasonably requested by Black Diamond Coatings, in connection with these Terms and Conditions without compensation. You may not assign or transfer these Terms and Conditions, or any of your rights or obligations hereunder, without the prior written consent of Black Diamond Coatings, and any attempted assignment or transfer without Black Diamond Coatings’s prior written consent shall be null and void. These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective personal representatives, estate, heirs, successors and permitted assigns. If any provision of these Terms and Conditions is held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms and Conditions, but rather that invalid provision will be amended to achieve as nearly as possible the same effect as the original provision and the remainder of these Terms and Conditions will remain in full force and effect. Nothing in these Terms and Conditions is intended to confer upon any person other than the parties hereto, and their respective personal representatives, estate, heirs, successors and permitted assigns, any rights or remedies under or by reason of these Terms and Conditions. No breach or right under these Terms and Conditions may be waived unless in writing signed by the waiving party.
Date Last Modified: February 17, 2017