Terms & Conditions

Last updated: Sept 01, 2022

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the blackbirdpresents.com website (the “Blackbird Website”) operated by Blackbird Production Partners LLC. (“us”, “we”, or “our”).

Your access to and use of the Blackbird Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Blackbird Website.

By accessing or using the Blackbird Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Blackbird Website.

Purchases

If you wish to purchase any product or service made available through the Blackbird Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or another payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

When purchasing any product or service on the Blackbird Website you agree to our Returns & Refunds Policy.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Blackbird Website. We may experience delays in updating information on the Blackbird Website and in our advertising on other websites. The information found on the Blackbird Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Blackbird Website and we cannot guarantee the accuracy or completeness of any information found on the Blackbird Website.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Blackbird Website may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Blackbird Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Blackbird Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Intellectual Property

The Blackbird Website and its original content, features, and functionality are and will remain the exclusive property of Blackbird Production Partners LLC. and its licensors. The Blackbird Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Blackbird Production Partners LLC.

Links To Other Web Sites

Our Blackbird Website may contain links to third party websites or services that are not owned or controlled by Blackbird Production Partners LLC.

Blackbird Production Partners LLC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Blackbird Production Partners LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Blackbird Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Blackbird Website and/or delete your account by accessing your Blackbird account.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Blackbird Production Partners LLC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Blackbird Website, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Blackbird Production Partners LLC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Blackbird Website; (ii) any conduct or content of any third party on the Blackbird Website; (iii) any content obtained from the Blackbird Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Blackbird Website is at your sole risk. The Blackbird Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Blackbird Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Blackbird Production Partners LLC. its subsidiaries, affiliates, and its licensors do not warrant that a) the Blackbird Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Blackbird Website is free of viruses or other harmful components; or d) the results of using the Blackbird Website will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Blackbird Website, and supersede and replace any prior agreements we might have had between us regarding the Blackbird Website.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Blackbird Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Blackbird Website.

Contact Us

If you have any questions about these Terms, please contact us at info@blackbirdpresents.com