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Terms and conditions


v.1
Updated: 07 February, 2022

General

The terms and conditions below apply to your access and any use of blackgorilla.net. Before using the website, we ask that you read the terms and conditions set out below, as they containt important information regarding your legal rights, remedies and obligations.

Introduction

Blackgorilla is a company that offers tools and enables our clients (“you”) to facilitate client’s online marketing, namely to advertise and market their products online through social media marketing, performance marketing, search engine optimization, as well as ux/ui and website development and improvement.

To make use of the services of online-marketing offered by Blackgorilla you are offered to get in touch with us through the website, whereby in case you wish to procees with cooperation, Blackgorilla will offer you to sign a service agreement for the services, timelines and scope required. All and any payment terms are set out in the service agreement and are operated through the invoice by Blackgorilla.

blackgorilla.net (“Website”) and all the intellectual property rights thereto and to its contents, designs, trademarks and know-how are fully owned by BLACK GORILLA ADS, company duly registered in Kypranoros, 13, EVI BUILDING, 2nd Floor, Flat/Office 201, 1061, Nicosia, Cyprus (“Blackgorilla”).

These terms and conditions may be changed or amended without prior notice to you, so we advise you to always download the current version of the terms. Blackgorilla advises you to periodically review these terms and conditions in order to be informed of any changes. Your continued use of the Website, consultation request, job application through the Website or subscription to receipt of newsletters/promotional materials shall mean that you accept these changes. Blackgorilla further reserves the right to change or modify the content of the Website at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes.

Application of these terms and conditions

These terms and conditions apply to any user of the Website and constitute the entire agreement between you and Blackgorilla and supersede any and all prior and existing agreements with regards to the use of Website and the services provided by Blackgorilla thereon.

You acknowledge that Blackgorilla has not made any representations, promises or agreements to you relating to the matters addressed by these terms and conditions that are not embodied herein.

If any provision of these terms and conditions is held to be illegal or unenforceable, such provision shall be severed from these terms and conditions and all other provisions shall remain in force unaffected by such severance.

Blackgorilla reserves the right to use third-party vendors and partners to provide necessary parts of the service that will be offered to you; to transfer ownership of the Website, assign or otherwise lawfully transfer this agreement or any obligations thereunder. You do not have the right to assign or otherwise transfer this agreement.

Content of The Website

Any of the content of the Website does not constitute an invitation or solicitation to any actions or omissions to act.

The contents of the Website are for general information only and do not constitute or intend to provide advice, make any binding offer or create or lead to the creation of any legally binding relationship between Blackgorilla and you. Blackgorilla is indemnified from any claims in relation to the credibility of sources of the information used on the Website, including third party sources, and believes them to be reliable, however, save to the extent required by applicable law or regulations, no guarantee, warranty or representation is given as to its accuracy or completeness. The materials on the Website and the use of services available thereon are provided on “AS IS” basis without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, or non-infringement.

By proceeding, you agree to the exclusion by Blackgorilla of all and any liability of whatsoever nature and on whatsoever grounds, including (without limitation) that arising from any loss of profit or any other damage or loss (financial or otherwise) whether direct or indirect, special, punitive, incidental, exemplary or consequential and for costs, expenses and other outgoings of whatsoever nature, in respect of any errors and/or omissions by us and/or any relevant third parties in respect of the contents of the Website.

Access to the Log In area (Client profile account) is restricted and granted only to the Clients of Blackgorilla.

The Website may provide links or references to third party websites. Blackgorilla assumes no liability over the content of those websites and has no particular knowledge about accuracy of information, policies and materials contained in such other sites and does not endorse companies or products to which it links, and hence is not responsible for any misrepresentation or consequential damages resulting from your access to or use of such other sites and/or actions done relying on such information. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk.

Ownership and Copyright

The copyrighted materials contained in the Website (unless otherwise indicated), its contents, including all information, graphics, code, text, design, logos, button icons, images, audio clips, digital downloads and software is owned by Blackgorilla or by its associated companies and should not be reproduced or distributed without permission.

You must not modify, adapt, hack or reverse engineer or reuse the source code of the Website or any of its components that are publicly available. This includes any and all javascript. Information contained on the Website may not be altered, distributed or displayed without the express written consent of Blackgorilla.

All intellectual property of Blackgorilla used on the Website, including trademarks, copyrights, patents are protected by national and international intellectual property laws. All use of the objects of Blackgorilla’s intellectual property is strictly prohibited without Blackgorilla’s prior written approval. The trademarks may not be used in connection with any product or service that is not approved by Blackgorilla or in any way where it is likely to cause confusion among average consumers or that causes damages to the reputation of Blackgorilla. The user of the Website does not obtain any rights in relation to the trademarks or any other materials on the Website. A breach of these provisions may entail liability for damages according to the applicable laws.

Force majeure

Any failure or delay by Blackgorilla in the performance of the services offered through the Website or temporary inactivity of the website and the Log In Client Area shall not be deemed a breach of our obligations to you if such failure or delay is caused by the force majeure as define by applicable law, namely by fire, flood, earthquake, elements of nature or acts of God, epidemics, change of legislation, change of custom, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause which is beyond the reasonable control of Blackgorilla. Blackgorilla does not accept any liability for the consequences and damages arising out of any such events.

Governing law and disputes

By accessing the Website and/or by subscribing to any of the services provided thereon by Blackgorilla you agree that all matters relating to it shall be governed by and construed in accordance with the laws of Cyprus, without giving effect to any principles of conflicts of law, Cyprus having exclusive jurisdiction.

Any dispute or difference, controversy or claim arising out of or in connection with the Website and/or the services will be resolved through court proceedings in the courts of Cyprus. This dispute resolution mechanism shall not, however, be construed in any way as to limit Blackgorilla’s freedom to enforce its rights including (but not limited to) in respect of the trademarks, copyrights or patents in any jurisdiction and demand injunctive relief and similar legal enforcement tools.