Terms & Conditions
OVERVIEW
This website is owned and operated by Black Sand PR & Entertainment Inc. (of 4503 Rue Saint-Félix, Québec City, Québec, Canada G1Y3A8. Corporation Number: 980266-5). Throughout the site, the terms “we”, “us” and “our” refer to Black Sand PR & Entertainment Inc.. Black Sand PR & Entertainment Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The website www.blacksandpr.com is for adults and we do not knowingly collect any information from those under the age of 18. Those persons under the age of 18 should not use the www.blacksandpr.com website or provide us with any personal information.
This website is currently hosted with e-Commerce platform Shopify. In addition to any Canadian laws (where our company is based) you may also be subject to any applicable American federal and state laws with respects to privacy and other regulations.
For more information regarding Shopify’s privacy practices please see https://www.shopify.com/legal/privacy?utm_source=social&utm_medium=forum&utm_campaign=guru%2Bask and also reference the Patriot Act.They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS & SOCIAL MEDIA USAGE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Our official social media pages are intended to be a fun, positive and helpful community where we share information about our events, products and promotions. It is also a place for us interact with our customers who can share their comments and feedback with us. In order to keep the pages useful and positive for our customers we have established the following guidelines for the usage of our social media:
• Any obscene, graphic, explicit or inflammatory posts are strictly prohibited, as are comments that are abusive, bullying, harmful, hateful, disrespectful, offensive or defamatory to any person or organization. Any post or comment that is deemed to be such, at Black Sand PR & Entertainment Inc.’s sole discretion, will be deleted without notice. We reserve the right to report the offending user to the appropriate authorities and/or take legal action where necessary.
• Posts or comments containing politically motivated content, solicitations or advertisements for third parties will be deleted without notice.
• Any comments advocating, suggesting, inciting, or encouraging any illegal activities will be deleted without notice.
• We reserve the right to block users who violate these terms, across all platforms.
Please note that any external links that may be shared on these pages, marketing material, or our website, does not constitute an official endorsement by Black Sand PR & Entertainment Inc.. In the same regard, it does not imply endorsement of Black Sand PR & Entertainment Inc. by any third parties unless expressly and explicitly stated.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material, products or services on this site is entirely at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and/or services and availability information are subject to change without notice. All prices are quoted in United States Dollars (USD), unless otherwise stated. In addition to the base fee(s) advertised, additional sales taxes may apply depending on your geographic location. Depending on the method of payment, additional fees may apply.
Late fees may apply on all overdue balances. Any costs associated with collection or associated legal expenses will be at the sole cost of Client.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
In addition to the base fee(s) advertised, additional sales taxes may apply depending on your geographic location.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We also reserve the right to cancel any service or product for breach of any of these terms and conditions contained herein and/or those terms and conditions provided to Client(s) for specific services and/or campaigns, with no reimbursement(s) or refunds owing. With regards to services and/or products, or any other related matters, all communication must be vehicled directly through Black Sand PR & Entertainment Inc. at all times unless otherwise authorized in writing. Clients may not interfere with services and/or products by communicating directly with any freelance sub contractors and vice versa. In this case booking may be cancelled with no refunds or reimbursements given. Failure to adhere may lead to a cancellation of all ongoing campaigns with Client and/or influencer with no refunds or reimbursements given. If additional services have been rendered that go beyond the scope of the Agreement, an invoice will be generated for all amounts owing.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – RETURNS POLICY
Results may vary. Unfortunately, we offer no refunds on any services or products contained on this website or otherwise. No Client cancellations: If Client wishes to cancel for any reason including but not limited to, unforeseen economy related reasons or other third party issues, no refunds shall be provided and any outstanding amounts owed must still be paid in full.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party companies, organizations, persons or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Some testimonials on this website may have been edited for clarity and placed across the site for illustrative purposes.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.
SECTION 12 – COPYRIGHTS & TRADEMARKS
We firmly believe in protecting the rights of creatives and businesses across the world. While best efforts are always made to credit photographers appropriately and seek necessary permissions where appropriate, there may be occasions where this is not possible for a variety of reasons.
If you believe that we have published a photograph or image that features copyrighted material, and you are the owner of said material, and wish it to be credited differently or removed, please email info@blacksandpr.com at your earliest convenience with proof of ownership and your request and we will be more than happy to accommodate where possible.
The material on our website www.blacksandpr.com, including but not limited to, text, images, video, audio, software, graphics, illustrations, is owned or otherwise provided by Black Sand PR & Entertainment Inc., and we do not represent or warrant that such material does not infringe the rights of any other person or entity. On occasion, images may be responsibly sourced stock images and/or images or logos of those of our official suppliers or clients and are used to illustrate our portfolio work. All material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by applicable international treaties.
The material on this website may not be copied, reproduced, downloaded, posted, republished, transmitted, modified or distributed, in whole or in part in any form whatsoever without Black Sand PR & Entertainment Inc.’s express written consent. This includes but is not limited to images, audio, video and text. Any trademarks and logos (collectively “Marks”) displayed on this website are registered or unregistered Marks of Black Sand PR & Entertainment Inc. or other third parties, which are the property of their respective owners, and in no circumstances may they be used without written permission of the appropriate owner of such Marks. At our discretion, Black Sand PR & Entertainment Inc. shall have the right to seek and obtain any injunctive, provisional or interim relief from the appropriate courts to protect its trademarks and/or other intellectual property rights and/or confidential information.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. We offer no guarantees as to the results of any product or service as results may vary.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
We do not endorse any third party merchandise, products or services, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
We have not taken steps to verify the accuracy of the information provided on any of these third party sites or the security provided and you understand that you visit these third party sites and perform transactions with them at your sole risk. You accept that we are not responsible for examining the offerings of any third parties whatsoever and that you should carefully examine all policies on their website and consult qualified professionals before making any decisions.
We strongly urge you to do due diligence and fully review all policies and perform any other investigations you feel is required, with a legal professional if necessary, before proceeding with any transactions whatsoever with any third party.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. For “Paid” Influencer campaigns whereby Black Sand PR & Entertainment Inc. is paid the “Talent Hire Budget” directly, in the case that an Influencer fails to complete their portion of a campaign, Black Sand PR & Entertainment Inc. is under no obligation to provide a refund or compensation. Furthermore if "Talent Hiring Budget" is paid directly to influencer from Client, Black Sand PR & Entertainment Inc. is still under no obligation to provide a refund or compensation for any third party non-performance or otherwise. Although best efforts are made to seek best results, we cannot guarantee that Influencers will post or promote Client products and/or follow guidelines, whether on a "Gifting" or "Paid" basis. We accept zero liability for the representations or actions of any third parties.
In no case shall Black Sand PR & Entertainment Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, injury, death replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Black Sand PR & Entertainment Inc. may also not be held liable for the actions or representations of any third parties whatsoever, including but not limited to, freelance sub-contractors, “influencers”, social media users and/or third party persons, charities or companies and shall be held entirely harmless from any and all claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, emotional, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from said actions or representations. It is the Client’s responsibility to follow all laws with regards to provisions including, but not limited to, advertising disclosure, import/export laws, product health & safety, COVID-19 directives etc and Black Sand PR & Entertainment Inc. shall be held entirely harmless from any and all claims resulting from the aforementioned. Although Consultation is always given in good faith Client proceeds with working with Black Sand PR & Entertainment Inc. at their sole risk and furthermore makes decisions at their sole risk as Black Sand PR & Entertainment Inc. accepts zero liability. Client must consult their own financial and legal advisors at all times.
Furthermore, under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of God, COVID-19, war, civil disturbance, equipment or electrical failures, natural disasters, strikes (including, but not limited to, postal strikes), illness and/or death, labour or materials shortage, governmental actions, court orders or tribunals, or non-performance of third parties. Additional fees may apply for overtime work as a result of delays caused by third parties or Acts of God. During COVID-19, it is Client’s responsibility to follow all health and safety procedures / guidelines mandated by any applicable health authorities and/or governments; Black Sand PR & Entertainment Inc. shall therefore be held entirely harmless from any claims arising out of projects or campaigns.
You hereby waive irrevocably and unconditionally waive any and all claims against us with respect to content, information and materials contained on this website or otherwise, on third party sites, and any content, information and materials you provide to or through any third party sites. You acknowledge that you have read these Terms & Conditions in their entirety and completely understand that it is a release of liability. You explicitly agree to discharge and release all Indemnified Parties (defined below) from any and all claims or causes of action and furthermore you agree to voluntarily waive and release any right that you may otherwise have to take legal action against any and all indemnified parties for personal injury, emotional damages, property damage or otherwise. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Black Sand PR & Entertainment Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If you no longer wish to use our services, please note that no refunds or other compensation will be given as per our Returns Policy. If due to illness or another Act of God that prevents us from completing our contractual obligations to you, we reserve the right to terminate our agreement and at our discretion shall provide a partial refund for the incomplete remainder of our services. If delays caused by third parties and/or Client become unreasonable with regards to the agreed upon project timeline and/or Client refuses to pay overtime incurred as a result, we reserve the right to terminate with no refunds given prior to project completion. Non Circumvent: To aid a successful campaign, all booking correspondence must be vehicled through Black Sand PR & Entertainment Inc. at all times. In the case of booking interference, the booking may be cancelled with no refunds given.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination as well as any further amounts owing; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The Section Headings in these Terms of Service are for reference purposes only and shall not affect the interpretation of this agreement.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Please note, there may be further “service specific terms” listed on our Estimates and Invoices which must still be adhered to by Client. Additional terms and conditions may apply.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the laws of Canada applicable. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We make no representation that the materials on this website are appropriate or available for usage in other jurisdictions. Those who access the website from other locations do so at their own discretion and risk, and are solely responsible for adhering to their local laws.
SECTION 21 – MISCELLANEOUS & CHANGES TO TERMS OF SERVICE
We reserve the right to discontinue the Website, the contents, operation, features and or any products or services contained herein at any time, for any reason, without notice.
You fully understand and expressly agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms & Conditions or your use of the Website and/or any of the products or services contained herein or otherwise.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@blacksandpr.com.
Last updated: June 3rd 2022
