These terms and conditions govern your use of www.blacksmithint.com (blacksmithint.com); by using blacksmithint.com, you accept these terms and conditions in full.
License to use blacksmithint.com
Unless otherwise stated, BSI and/or its licensors own the intellectual property rights in blacksmithint.com and material on blacksmithint.com. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from blacksmithint.com for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from blacksmithint.com without the written permission of BSI'S express written consent.
sell, rent or sub-license material from blacksmithint.com.
redistribute material from blacksmithint.com without attribution to BSI.
You must not use blacksmithint.com in any way that causes, or may cause, damage to blacksmithint.com or impairment of the availability or accessibility of blacksmithint.com; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use blacksmithint.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to blacksmithint.com without BSI'S express written consent.
You must not use blacksmithint.com to transmit or send unsolicited commercial communications.
You must not use blacksmithint.com for any purposes related to marketing without BSI'S express written consent.
Access to certain areas of blacksmithint.com is restricted. BSI reserves the right to restrict access to any area of blacksmithint.com.
BSI may give you (User) a unique username and password (Credentials) in order to access restricted areas, User must use all reasonable efforts to keep Credentials confidential. BSI is not responsible for unauthorized use of Credentials.
BSI may disable User Credentials at BSI'S sole discretion without notice or explanation.
BSI will make its best efforts to provide 24-hour access to blacksmithint.com, including restricted areas, but makes no warranties or representations that blacksmithint.com will be available at all times. User acknowledges that from time to time access may be limited or unavailable.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to blacksmithint.com, for whatever purpose.
You grant to BSI a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to BSI the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or BSI or a third party (in each case under any applicable law).
You must not submit any user content to blacksmithint.com that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
BSI reserves the right to edit or remove any material submitted to blacksmithint.com, or stored on BSI’s servers, or hosted or published upon blacksmithint.com.
Notwithstanding BSI’s rights under these terms and conditions in relation to user content, BSI does not undertake to monitor the submission of such content to, or the publication of such content on, blacksmithint.com.
Blacksmithint.com is provided “as is” without any representations or warranties, express or implied. BSI makes no representations or warranties in relation to blacksmithint.com or the information and materials provided on blacksmithint.com.
Without prejudice to the generality of the foregoing paragraph, BSI does not warrant that:
blacksmithint.com will be constantly available, or available at all; or
the information on blacksmithint.com is complete, true, accurate or non-misleading.
Limitations of liability
BSI will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, blacksmithint.com:
to the extent that blacksmithint.com is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if BSI has been expressly advised of the potential loss.
Nothing in blacksmithint.com disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in blacksmithint.com disclaimer will exclude or limit BSI’s liability in respect of any:
death or personal injury caused by BSI’s negligence;
fraud or fraudulent misrepresentation on the part of BSI; or
matter which it would be illegal or unlawful for BSI to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using blacksmithint.com, you agree that the exclusions and limitations of liability set out in blacksmithint.com disclaimer are reasonable.
If you do not think they are reasonable, you must not use blacksmithint.com.
You accept that, as a limited liability company, BSI has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against BSI’s officers or employees in respect of any losses you suffer in connection with blacksmithint.com.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in blacksmithint.com disclaimer will protect BSI’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BSI.
If any provision of blacksmithint.com disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of blacksmithint.com disclaimer.
You hereby indemnify BSI and undertake to keep BSI indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BSI to a third party in settlement of a claim or dispute on the advice of BSI’s legal advisers) incurred or suffered by BSI arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to BSI’s other rights under these terms and conditions, if you breach these terms and conditions in any way, BSI may take such action as BSI deems appropriate to deal with the breach, including suspending your access to blacksmithint.com, prohibiting you from accessing blacksmithint.com, blocking computers using your IP address from accessing blacksmithint.com, contacting your internet service provider to request that they block your access to blacksmithint.com and/or bringing court proceedings against you.
BSI may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of blacksmithint.com from the date of the publication of the revised terms and conditions on blacksmithint.com. Please check this page regularly to ensure you are familiar with the current version.
BSI may transfer, sub-contract or otherwise deal with BSI’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the law of the State of Utah, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Salt Lake City, Utah.
Blacksmith International, LLC.
511 East 300 South
Salt Lake City, UT 84102
Main: (866) 306-9020