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Business Leaders of Colors terms of use

Business Leaders of Colors is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of Business Leaders of Colors

Sharetribe is a social media service that allows its users to change favors and items and communicate with each other. The Sharetribe-service may only be used in accordance with these terms of use. The service provider reserves the right to change these terms of use if required. Valid terms of use can be found from Sharetribe’s website.

Rights of Content

The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.

Disclaimer

No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.

The Removal of a User

The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.

Applicable Jurisdiction

The jurisdiction that is applicable in this service and these terms of use is that of Finland, unless something else is required by binding law.

BLOC’s Sharetribe Marketplace Terms and Conditions

Last Updated:  April 16, 2021

1.                  Acceptance of the Terms and Conditions.

1.1.            Business Leaders of Colors, LLC (herein referred to as the “Company,” “BLOC,” “we,” “us,” or “our”) provides and makes available this service (the “Service”), in conjunction with the marketplace platform Sharetribe (herein referred to as “Sharetribe”), to provide an online marketplace for buyers and sellers of goods and services (respectively, “Buyers” and “Sellers”). All use of the Service is subject to the terms and conditions contained in these Terms and Conditions (this “Agreement”), Sharetribe’s own terms and conditions and the terms and conditions of Stripe Connect (“Stripe”), the payment service used by Sharetribe for transactions conducted via the Service (the Agreement and such third-party terms and conditions collectively, the “Terms of Use”).  Read this Agreement and the other Terms of Use carefully.  By accessing or otherwise using the Service, you acknowledge that you have read, understood, and agreed to be bound by the Terms of Use.  If you do not accept any of the Terms of Use, you shall not access or use the Service.

1.2.            You understand and agree that we may change this Agreement at any time without prior notice.  You may read a current, effective copy of this Agreement at any time by selecting the Terms and Conditions link[CB1]  on bloc.sharetribe.com.  The revised Agreement will become effective at the time of posting. Any use of the Service after the revised Agreement is published shall constitute your acceptance of such revised Agreement. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Service.

2.                   Use of the Service.

2.1.            BLOC reserves the right, in its sole discretion, to approve businesses or individuals who apply to become Sellers.

2.2.            The Service has a feature that permits either the Company or the Buyer to mark a transaction as completed once the transaction has been fulfilled, or to dispute the transaction. The Company reserves the right to use the Service to mark a transaction as completed or disputed in its sole discretion. Each Buyer hereby agrees to use the Service to mark a transaction as completed or disputed in accordance with the terms agreed between the Buyer and the Seller, provided that no Buyer shall use the Service to mark a transaction as completed before the goods purchased by the Buyer have been delivered or the services purchased by the Buyer have been fully performed. In accordance with Section 4 (Indemnification), a Buyer that marks a transaction as disputed or completed in violation of this Agreement may be liable to the Company for any costs or liabilities incurred by the Company in connection with such violation.

2.3.            This Service contains material, including but not limited to software, text, graphics, and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties.  The Content is protected by United States and foreign intellectual property laws.  Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not copy the Content and will only access and use the Content for your personal purposes. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of any of the Content on any other web site or computer network for any purpose is expressly prohibited. If you violate any part of this Agreement, BLOC reserves the right in its sole discretion to revoke your access to or use of the Content and the Service.

2.4.            The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on this Service are registered and unregistered trademarks or service marks of the Company.  Other company, product, and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”).  Nothing on this Site, in the Service, or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of the Company specific for each such use.  The Trademarks may not be used to disparage the Company or the applicable third party, the Company’s or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.  Use of any Trademarks as part of a link to or from any web site without the Company’s prior written consent is prohibited.  All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.

2.5.            For any content that you provide to the Service, you represent that you have the right to grant licenses for such content and you hereby grant to the Company a perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, copy, reproduce, modify, make available and distribute such content for the purposes of making available the Service.

2.6.            You agree not to: (a) take any action that imposes an unreasonable load on the Service’s infrastructure, (b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service, (c) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Service or (d) delete or alter any material posted on the Service by the Company or any other person or entity.

2.7.            The Service contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact a representative of those External Sites if you have any concerns regarding such links or any content located on such External Sites.

We are not responsible for the content of any linked External Sites or content derived from any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites, including any third party’s ability to perform the obligations it may undertake and any verifications of such third party by external sources. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs.  If you decide to access any External Sites, you do so at your own risk.

2.8.            Certain elements of the Service are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.3 of this Agreement. None of the Content for this Service may be retransmitted without the express written consent from the Company for each and every instance.

2.9.            You may from time to time provide suggestions, comments for enhancements or functionality, or other feedback (“Feedback”) to us with respect to the Service or Content.  We shall have full discretion to determine whether or not to proceed with the development or implementation of any Feedback.  You hereby grant the Company a royalty-free, fully paid up, worldwide, transferable, sublicensable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of the Feedback; and (b) use the Feedback and/or any subject matter thereof, including without limitation, the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.

3.                  Limitation of Liability and Disclaimer of Warranties.

3.1.            The Company, its affiliates, their respective officers, directors, employees, agents, suppliers, or licensors (collectively, the “Company Parties”) make no warranties or representations about the Service, including but not limited to, its accuracy, completeness, timeliness, or reliability.  The Company Parties shall not be subject to liability for the truth, accuracy, or completeness of the Service or any other information conveyed to you or for errors, including any information provided by Buyers or Sellers, mistakes, or omissions therein.  You agree that you use the Service at your own risk.

The Company Parties do not warrant that the Service will operate error-free or that the Service is free of computer viruses or similar contamination or destructive features. If your use of the Service results in the need for servicing or replacing equipment or data, no Company Party shall be responsible for those costs.

The Service is provided on an “as is” and “as available” basis without any warranties of any kind. The Company Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

3.2.            In no event shall any Company Party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from business interruption) resulting from the use or inability to use the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such Company Party has been advised of the possibility of such damages.

3.3.            Some states do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, in such states, some of the above limitations may not apply to you or be enforceable with respect to you, and the liability of the Company Parties shall be limited to the greatest extent permitted by law.

4.                  Indemnification. 

4.1.            You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Service.  The Company shall provide notice to you of any such claim, suit, or proceeding.  The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.

4.2.            By using the Service, each Seller agrees to indemnify the Company for all liabilities (including refunds, payment adjustments, liabilities arising from disputes and other amounts payable to third parties, including Sharetribe and Stripe) that might arise from that Seller’s transactions conducted using the Service, including transactions that have been marked as complete in accordance with the Terms of Use.

5.                  Termination of the Agreement.

5.1.            The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.

5.2.            Sections 2 (Use of the Service), 3 (Limitation of Liability and Disclaimer of Warranties), 4 (Indemnification), 5 (Termination of the Agreement), and 6 (Miscellaneous) shall survive the termination of this Agreement.

6.                  Miscellaneous.

6.1.            This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the courts of the State of New York.

6.2.            If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  

6.3.            Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

6.4.            Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

6.5.            The section headings are provided merely for convenience and shall not be given any legal import.  

6.6.            This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.  Any information submitted or provided by you via the Service might be publicly accessible.  Important and private information should be protected by you.