Terms of Service

Terms

The following terms and conditions (“Terms”) apply to your use of the websites of Black Sphere Studios LLC, including any content, functionality, products, and services offered on or through such websites (collectively, the “Website”), whether as a guest or a registered user. Please read these Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not use the Website. In addition to these Terms, software or services that are included in or otherwise made available to you through the Website may be subject to separate agreement between you and Black Sphere Studios, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control.

Privacy Notice

Please review our Privacy Notice found at https://black-sphere-studios.github.io/privacy/, which also governs your use of the Website, to understand our practices.

Use License

The Website, including all content, features, and functionality thereof, are owned by Black Sphere Studios, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws. You are permitted to use the Website for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of Black Sphere Studios. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Website, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.

You must not reproduce, sell, or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website. For clarity, the foregoing permissions are limited to the Website, and no rights are granted with respect to any servers, computers, or databases associated with the Website.

Changes to the Terms of Service

Black Sphere Studios may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Linking

Black Sphere Studios has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Black Sphere Studios of the site. Use of any such linked web site is at the user’s own risk.

Disclaimer

The materials on the Website are provided on an “as is” and “as available” basis. Black Sphere Studios makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. You expressly agree that your use of the Website is at your sole risk. Further, Black Sphere Studios does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability

To the full extent permissible by law, Black Sphere Studios will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this Agreement, even if Black Sphere Studios or a Black Sphere Studios authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Black Sphere Studios, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.

Governing Law and Jurisdiction

Any claim relating to Black Sphere Studios’s web site shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.