Terms of Service

 

  1. BLACK TAPE PROJECT PLATFORM TERMS OF SERVICE
  2. LAST UPDATED: November 2, 2023
  3. 1. GENERAL TERMS.
  4. 1.1.  These platform terms of service (these “Terms of Service”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and The Black Tape Project (“BTP”, “we,” “us,” or “our”), concerning your access to and use of www.blacktapeproject.com website and subscription to the platform and communication channels, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”), or other services provided by us such as those as listed in Article 2, (collectively, the “Services”).

 

  1. 1.2.  Every offer of a product and/or service on our Platform as well as every transaction, order, and agreement that is concluded through our Platform, is governed by our Terms of Service.

  2. 1.3.  You agree that by accessing and utilizing the Platform and Services, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

  3. 1.4.  If you use this Platform or Services on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Service on its behalf and to bind such business, organization, or entity to these Terms of Service.

  4. 1.5.  The applicability of any terms and conditions of you or any third party on behalf of you are expressly dismissed and shall not apply, even if we have not specifically rejected them.

  5. 1.6.  Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. WE WILL ALERT YOU ABOUT ANY CHANGES BY UPDATING THE “LAST UPDATED” DATE OF THESE TERMS OF SERVICE, AND YOU WAIVE ANY RIGHT TO RECEIVE SPECIFIC NOTICE OF EACH SUCH CHANGE. Please ensure that you check the applicable Terms every time you use our Platform so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Platform after the date such revised Terms of Service are posted.

  6. 1.7.  The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  7. 1.8.  THE PLATFORM IS NOT TAILORED TO COMPLY WITH INDUSTRY-SPECIFIC REGULATIONS (HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”), FEDERAL INFORMATION SECURITY MANAGEMENT ACT (“FISMA”), ETC.), SO IF YOUR INTERACTIONS WOULD BE SUBJECTED TO SUCH LAWS, YOU MAY NOT USE THIS PLATFORM. FURTHER, YOU MAY NOT USE THE PLATFORM IN A WAY THAT WOULD VIOLATE THE GRAMM-LEACH-BLILEY ACT (“GLBA”).

  8. 1.9.  THE PLATFORM IS INTENDED ONLY FOR USERS WHO HAVE REACHED THE AGE OF MATURITY, DEPENDING ON THEIR JURISDICTION. ALL USERS WHO ARE MINORS AND AT LEAST 13 YEARS OF AGE MAY NOT USE THE PLATFORM.

  9. 1.10.  PLEASE BE AWARE THAT ARTICLE 17 OF THIS TERMS OF SERVICE CONTAINS

  10. PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND THE COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS TERMS OF SERVICE. IN PARTICULAR, IT CONTAINS AN ARBITRATION PROVISION THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION PROVISION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST THE PROPY COMPANIES ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
  11. 1.11. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM AND/OR THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
  12. 2. TERMS TO BLACK TAPE PROJECT LIVE EVENTS.
  1. 2.1.  Performance by BTP. BTP may provide live body-taping performances, with a duration as agreed upon with the applicable promoter, venue, live-event, etc. (each a “Promoter”) exclusive of a 10-minute break which the BTP may take at the midway point in the performance. The Promoter may engage, at the Promoter’s own expense, such supporting artists or performers as may be necessary for BTP to successfully perform the agreed upon services.

  2. 2.2.  Physical Facilities. Promoter will be responsible for ensuring that the physical facilities provided for BTP’s performance are adequately heated and/or cooled, well lighted and in good working order, with all necessary stage accessories and ushers, ticket sellers, doormen, local stagehands, and any other house personnel for the presentation of the performance described in Paragraph 1 of this agreement. If BTP’s performance will follow the performance of one or more other performers, the Promoter will ensure that the stage area is cleared after the prior performance and that BTP’s equipment, as applicable, is set up in the manner specified by BTP.

  3. 2.3.  Licenses and Permits. Promoter will be responsible for obtaining any use permits and licenses required for the performance under applicable federal, state, and local laws and regulations, including any licenses that need be acquired through any performing rights organizations.

  4. 2.4.  Merchandise. BTP will have the right to display and sell merchandise, including but not limited to t-shirts, stickers, booklets, posters, and recorded material (such as CDs and DVDs), during the performance and for at least 1 hour prior to and after the performance, from a mutually agreed upon position and without any percentage or payment owed to the Promoter or venue.

  5. 2.5.  Promotion. Promoter is not authorized to, and will not, make any commitments on behalf of BTP for personal appearances or other promotional activities related to the performance covered by this Agreement. Promoter will refer all inquiries regarding personal appearances and interviews of BTP to BTP’s designated agent.

  6. 2.6.  Equipment and Transportation. BTP will be responsible for providing all equipment and stage sets, if any, to be used in the performance to which this Agreement relates. BTP will assume full responsibility for maintaining insurance on or otherwise assuming risk to all equipment under the responsibility and/or control of BTP. BTP will be responsible for assembling and disassembling BTP’s stage setup before and after the performance and for hiring and compensating a stage crew to perform these functions, if necessary. Promoter will be responsible for providing a sound amplification (PA) system sufficient to permit the performance to be heard clearly throughout the facility. Promoter will be responsible for controlling the sound board and lighting during the performance and will hire and compensate

  7. sufficient personnel for that purpose.
  1. 2.7.  Set-Up Time. Promoter will not allow the audience to enter the performance area until the technical set-up has been completed. BTP will provide all personnel necessary to effect the technical set-up and will be responsible for ensuring that the personnel make every effort to complete the set-up at least 1 hour before the time scheduled for the performance to begin.

  2. 2.8.  Broadcasting Prohibited. Promoter is not authorized to enter into any type of arrangement or agreement for the audio or visual broadcast of BTP's performance without the express written consent of BTP in an instrument and on terms separately negotiated and agreed upon.

  3. 3. FEES & PAYMENT.
  4. 3.1.  You agree to pay all applicable fees in connection with applicable Services, including any applicable taxes that we do not collect on your behalf. If you decide to access and use the Services, you authorize the BTP to periodically charge, on a going-forward basis and until cancellation of either the recurring payments all accrued sums on or before the payment due date for the accrued sums.

  5. 3.2.  Virtual Transactions.

  1. 3.2.1.  You may use digital currency to purchase or pay for Services (“Virtual Transactions”). You represent and warrant that all information you provide in connection with the purchases of Services is true and accurate. BTP is not responsible for fulfilling any purchase of Services for which you provided information that is deceptive or incomplete, as determined by BTP. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ALL VIRTUAL TRANSACTIONS ARE FINAL. COMPANY SHALL NOT BE REQUIRED TO REFUND AMOUNTS PAID UNDER ANY CIRCUMSTANCES.

  2. 3.2.2.  If you choose to make Virtual Transactions for the Services, such Virtual Transactions will be conducted and managed via blockchain technology. Your transactions will be made publicly visible when you engage in Virtual Transactions. We will have no control over Virtual Transactions between Users, nor are we able to reverse or refund any transactions between Users, or return digital products. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of Virtual Transactions.

  3. 3.2.3.  If you purchase Services using digital currencies, you agree, represent, and warrant that those digital currencies used for the purpose of purchasing, capturing, collecting, exchanging, or trading digital assets now or in the future, on the Platform are not the direct or indirect proceeds of any criminal or fraudulent activity. Any violation of the foregoing may, in our sole discretion, result in the termination of your account and forfeit of any digital assets associated with that account without any refund or recourse by you. In the event that any payment of the purchase or fee price is reversed or becomes invalid, including via a blockchain attack such as a double spending attack or recall or refund request by a payment processor, you agree to immediately pay the purchase price in full upon demand.

  1. 3.3.  You may utilize a credit card to pay for the Services unless we otherwise agree in writing. Your use of a credit card will be subject to the payment service providers terms and conditions (e.g., for Stripe, their terms and conditions can be found at https://stripe.com/legal/ ssa). Your credit card will be automatically charged for all fees incurred under the applicable Services and you agree that we are not required to send you any advance notice or confirmation that your credit card has been charged. If we are unable to charge a payment to your credit card or are otherwise unable to obtain payment for Services when due, we can immediately suspend or terminate your access to the Services until we receive payment from you.

  2. 3.4.  Current fees for individual Services will be posted on the Platform, but special fee arrangements agreed with a specific contract will not be posted.

  3. 3.5.  We reserve the right to modify our fees at any time for any reason upon notice to you through posting on the Platform or notification by email. Any increase in fees will be prospective only,

  4. beginning with the next billable cycle.
  1. 3.6.  The BTP reserves the right to implement other pricing models in the future. We may add other services for which we may charge additional fees. We will not charge you for such additional services without first obtaining your consent.

  2. 3.7.  All fees are exclusive of applicable federal, state, local, or other taxes (“Taxes”). You are responsible for all applicable Taxes, and we may charge Taxes in addition to the applicable fees when we are required to do so. If you are exempt from Taxes, you must provide us with a valid tax exemption certificate, and we reserve the right to determine whether the certificate is valid. Tax exemption will only apply from and after the date we receive such a certificate.

  3. 3.8.  You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

  4. 3.9.  You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

  5. 3.10.  We reserve the right to refuse any order placed through the Platform. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

  6. 4. RETURN/REFUNDS POLICY.
  7. 4.1.  All transactions are final, and no refund will be issued.

  8. 4.2.  Chargebacks. Once Services are engaged or items purchased, you recognize that you are contractually bound to us for the entire fee or cost as applicable. All fees paid are non- refundable and must be paid in full. It is further understood and agreed that if you or any third party paying such fees for you pays such fees through a debit card, credit card, or other electronic means, such payments cannot be revoked or reversed in any manner by you or the third party. If you contact your bank or credit card company or any payment provider to seek to decline, chargeback, or otherwise reverse the charge of any purchase price payable for a Service (each a “Chargeback”):

    1. We may automatically terminate any and all Platform access for you; and

    2. You must destroy any Picks that are subject to the disputed payment to us.

  9. 4.3.  Where the applicable purchase price has been paid in a digital currency, and you are entitled to a refund for any reason, you agree the refund is to be made in the same form of digital currency used in the initial transaction or at our option, in United States dollars equivalent to the value of the digital currency used in the initial transaction on the date the purchase price was paid, whether or not that is a greater or lesser sum at the time the refund is due.

  10. 4.4.  Any questions about payments can be sent to our customer care team. You agree to contact us concerning any disputes before filing a Chargeback. We reserve the right to dispute any Chargeback with a payment provider, bank, or other financial institution.

  11. 4.5.  Payments may be processed by payment processors in accordance with their terms of service and privacy policy. By making a payment through a payment processor, you acknowledge that we do not control and are not liable for the security or performance of the payment processor.

  12. 5. INTELLECTUAL PROPERTY RIGHTS & RELATED MATTERS.
  1. 5.1.  Unless otherwise indicated, the Platform and Services are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

  2. 5.2.  The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

  3. 5.3.  It is strictly prohibited to sell, license, rent, modify, retain, reproduce, distribute, publish or use any portion of the Content except as expressly allowed in these Terms of Service.

  4. 5.4.  For the avoidance of doubt, no Content or portion thereof may be used on its own as a trademark or service mark. You agree and acknowledge that any trademark or service mark rights you may have in your product or design arise from and are limited to your distinctive combination of our Content with other visual design elements provided or created by you. You agree and acknowledge that others may use similar portions of our Content for similar goods and services.

  5. 5.5.  Copyright Infringements. We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.

  6. 6. USER REGISTRATION & RESTRICTIONS.
  7. 6.1.  The personal information you provide in connection with the Services or the Platform will be processed as described in our Privacy Policy. The BTP reserves the right to limit access to, suspend or terminate your access to the Platform or Services in our sole discretion, at any time, with or without notice to you.

  8. 6.2.  Third Party Accounts. To the extent permitted in connection with the Services, you may engage for Services using a valid account on a third-party service (each such third-party service account, a “Third-Party Account”). By connecting your Third-Party Accounts, you are allowing the BTP to access your Third-Party Account as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to the BTP and/or grant the BTP access to your Third-Party Account (including, but not limited to, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the BTP to pay any fees or making the BTP subject to any usage limitations imposed by such third-party service providers. Please note that if a Third-Party Account or associated service becomes unavailable or the BTP’s access to such Third-Party Account is terminated by you or by the third-party service provider, then your access to the Platform may no longer be available on and through the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD- PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR TERMS OF SERVICE(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND THE COMPANY IS NOT LIABLE FOR PERSONALLY

  9. IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
  10. 7. USER REPRESENTATIONS & WARRANTIES.
  1. 7.1.  By using the Platform, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity, and you agree to comply with these Terms of Service; (4) you are not under the age of majority in your jurisdiction; (5) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Platform for any illegal or unauthorized purpose; and (7) your use of the Platform will not violate any applicable law or regulation.

  2. 7.2.  If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

  1. THIRD-PARTY AGENT. Any third-party agent (each an “Agent”) using the Platform, is bound by the Terms of Service. The Agent represents and warrants to the BTP that the Agent has full legal power and authority, including all required licenses, permits, and other governmental approvals, to enter into this Terms of Service and to perform the services offered by such Agent.

  2. ACKNOWLEDGEMENTS. You hereby acknowledge and agree that in the event that you have a dispute with one or more other Users of Services, you hereby release the BTP (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  3. PROHIBITED ACTIVITIES.

  1. 10.1.  You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

  2. 10.2.  In addition to the terms of Article 2, as a User of the Platform, you agree not to:

  3. a. Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  4. b. Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords.
  5. c. Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
  6. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.

  7. Use any information obtained from the Platform in order to harass, abuse, or harm

  8. another person. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. f. Use the Platform in a manner inconsistent with any applicable laws or regulations.
  1. Engage in unauthorized framing of or linking to the Platform.

  2. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or

  3. other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
  4. i. Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
  5. Delete the copyright or other proprietary rights notice from any Content.

  6. Attempt to impersonate another User or person or use the Username of another

  7. User.
  8. l. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  9. m. Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
  10. n. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
  11. o. Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
  12. p. Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  13. q. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  14. r. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
  15. s. Use a buying agent or purchasing agent, including automated means or bots, to make purchases on the Platform.
  16. t. Make any unauthorized use of the Platform, including collecting Usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretenses.
  17. Use the Platform as part of any effort to compete with us.

  18. Promote your own professional services, particularly in the case of real estate

  19. agents, brokers, salespersons, and other professionals.
  20. w. Access the Services from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Services, unless you have our written permission first.
  21. x. Bypass or ignore instructions that control access to the Services, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to the Platform.
  1. Attempt to circumvent any of the BTP’ fees.

  2. Use the Services or data collected from our Services for any advertising or direct

  3. marketing activity (including, without limitation, email marketing, SMS marketing, and telemarketing).
  4. aa. Use the Services for money laundering, terrorist financing, or other illicit finance activity.
  5. bb. Use the Services to carry out any financial activities subject to registration or licensing.
  6. cc. Use the Services to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity.
  7. dd. Use the Services to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
  8. ee. Infringe or violate the intellectual property rights or any other rights of others.
  9. ff. Create or display illegal content.
  10. gg. Modify, translate, or otherwise create derivative works of any part of the Services.
  11. hh. Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services.
  12. PLATFORM MANAGEMENT. We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform and the marketplace offerings.

  13. PRIVACY POLICY & DATA PRACTICES.

  1. 12.1.  We care about data privacy and security. Please review our Privacy Policy found at: https:// www.blacktapeproject.com/pages/privacy-policy. By using the Platform or the marketplace offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Platform and the marketplace offerings are hosted in the United States. If you access the Platform or the marketplace offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Platform, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

  2. 12.2.  Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Platform as quickly as is reasonably practical.

  3. 12.3.  We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that

  4. we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
  5. 13. TERM & TERMINATION.
  1. 13.1.  These Terms of Service shall remain in full force and effect while you use the Platform or until

    Services are fully delievered.

  2. 13.2.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

  3. 13.3.  If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  4. 14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, & SIGNATURES.
  5. 14.1.  Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Platform satisfy any legal requirement that such communication is in writing.

  6. 14.2.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM.

  7. 14.3.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  8. 15. MODIFICATIONS & INTERRUPTIONS.
  9. 15.1.  We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the marketplace offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform or the marketplace offerings.

  10. 15.2.  We cannot guarantee the Platform and the marketplace offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform or the marketplace offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or the marketplace offerings during any downtime or discontinuance of the Platform or the marketplace offerings. Nothing in these Terms of

  11. Service will be construed to obligate us to maintain and support the Platform or the marketplace offerings or to supply any corrections, updates, or releases in connection therewith.
  12. 16. GOVERNING LAW.
  1. 16.1.  These Terms of Service and your use of the Platform or Services are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

  2. 16.2.  All issues or disputes related to the protection, infringement or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Platform shall be governed by Article 19.

  3. 16.3.  You further agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Terms of Service.

  4. 17. DISPUTE RESOLUTION.
  5. 17.1.  Informal Negotiations. To expedite resolutions and control the cost of any dispute, controversy, or claim related to these Terms of Service (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) calendar days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

  6. 17.2.  Binding Arbitration.

  1. 17.2.1.  If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

  2. 17.2.2.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Miami, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

  3. 17.2.3.  If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Miami, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.

  4. 17.3. IN NO EVENT SHALL ANY DISPUTE BROUGHT BY EITHER PARTY RELATED IN ANY WAY TO THE PLATFORM BE COMMENCED MORE THAN ONE (1) YEARS AFTER THE CAUSE OF ACTION AROSE. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found
  5. to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
  1. 17.4.  Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

  2. 17.5.  Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  1. CORRECTIONS. There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the marketplace offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

  2. DISCLAIMERS.

  3. 19.1. THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBPLATFORMS LINKED TO THIS PLATFORM, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBPLATFORM, OR ANY WEBPLATFORM OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PROPERTY OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  1. 19.2.  You acknowledge that there are risks in using products or services provided by third parties (such as an affiliate or one of our partners) through this Platform or in connection with our products and that we cannot and do not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by this third party, breach of warranty or contract, violation of rights, and any consequent claims.

  2. 19.3.  Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”) or only limited in certain circumstances, and nothing in these Terms of Service alter those consumer guarantees if it is illegal for us to do so. If those consumer guarantees apply to you, and we cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, we: (1) exclude or limits those consumer guarantees; and (2) limits its liability at the option of us to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

  3. 20. LIMITATIONS OF LIABILITY
  4. 20.1.  IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  5. 20.2.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS ARTICLE 24 (LIMITATIONS OF LIABILITY), OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. INDEMNIFICATION. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Platform; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other User of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  2. MISCELLANEOUS. These Terms of Service and any policies or operating rules posted by us on the Platform or with respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any

  3. provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship was created between you and us as a result of these Terms of Service or use of the Platform. You agree that these Terms of Service will not be construed against us by having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
  4. 23. CONTACT US. In order to resolve a complaint regarding the Platform or Services or to receive further information regarding the use of the Platform or Services please contact us at:
  5. info@blacktapeproject.com
  6. Mobile Terms of Service The Black Tape Project
  7. Last updated: Oct. 21, 2023
  8. The The Black Tape Project mobile message service (the "Service") is operated by The Black Tape Project (“The Black Tape Project”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
  9. By consenting to The Black Tape Project’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of The Black Tape Project through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
  10. You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with The Black Tape Project. Your participation in this program is completely voluntary.
  11. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
  12. You may opt-out of the Service at any time. Text the single keyword command STOP to +18448972150 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other The Black Tape Project mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
  13. For Service support or assistance, text HELP to +18448972150 or email info@blacktapeproject.com.
  14. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
  15. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
  16. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/ or any action you may or may not take in reliance on the information or Service.
  17. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.