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Terms & Conditions for The Black Tea Chronicles, Inc.

LAST UPDATED: JULY 1, 2024

The following Terms and Conditions (together with the Privacy Policy and any additional guidelines, the “Terms”) apply to your use of and access to each website owned and/or operated by The Black Tea Chronicles, Inc. (“The Black Tea Chronicles,” “us,” or “we”), including the website currently available at www.theblackteachronicles.com and all subdomains thereof, together with all features, content, materials, products, and/or services made available thereon (collectively, the “Websites”). These Terms represent a legally binding agreement between you, an individual user or a single entity (“you” or “user”), and The Black Tea Chronicles. Together, users and The Black Tea Chronicles are each referred to herein individually as a “Party” or collectively as the “Parties.” By using the Websites, you agree to these Terms. Please read them carefully before using the Websites. If you disagree with these Terms, please do not use the Websites.
  • Eligibility You are prohibited from using the Websites unless you are over the age of sixteen (16). If you are over the age of sixteen (16) but under eighteen (18) years of age, you are only permitted to use the Websites if your parent or guardian accepts these Terms on your behalf prior to your use of the Websites.
  • Privacy Policy Your privacy is important to The Black Tea Chronicles. Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.
  • Modification of the Terms We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time for any reason, in which case we will change the “Last Updated” date set forth above. In the event of a material change, we will use reasonable efforts to notify you via the most recent e-mail address that you have provided to us. Please check these Terms periodically for changes. Your continued use of the Websites after the posting of changes to the Terms constitutes your binding acceptance of such changes. If you do not agree with the modifications to the Terms, then please do not access or use the Websites.
  • Access and Linking to the Websites The Websites are controlled and offered by The Black Tea Chronicles from its facilities in the United States of America. We make no representations that the Websites are appropriate or available for use in other locations. If you are accessing or using the Websites from other jurisdictions, you are responsible for compliance with local law. To the extent allowed in the jurisdiction where you are located, you waive your right to assert claims or avail yourself of protections afforded you in that jurisdiction which are not available in the United States of America.
  • Ownership; Proprietary Rights The Websites, including the content, text, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, copyright, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, and all other elements of the Websites that are provided by The Black Tea Chronicles (“The Black Tea Chronicles Materials”), are owned and/or licensed to The Black Tea Chronicles and are legally protected under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations, and treaties. The Black Tea Chronicles Materials do not include Non-Black Tea Chronicles Content (as defined below). Except as expressly authorized by The Black Tea Chronicles, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Websites or The Black Tea Chronicles Materials. We reserve all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to The Black Tea Chronicles Materials, except for the limited rights expressly set forth in these Terms.
  • User Content The Websites may now or in the future permit you and other users to post or link media, text, audio, and video recordings, photos, graphics, commentary, or other information or content (“User Content”), and to host and/or share such User Content. User Content is not controlled by The Black Tea Chronicles. We make no representations that your User Content will remain available via the Websites in any way. We may remove your User Content if we have reason to believe that it infringes any third party’s rights or violates these Terms. You understand that any User Content that you post for viewing on the Websites is made publicly available to other users of the Websites, and The Black Tea Chronicles does not guarantee any confidentiality with respect to any such User Content, nor does it guarantee that your intellectual or proprietary rights in such User Content will not be infringed or misappropriated.
By submitting User Content to The Black Tea Chronicles, you hereby grant The Black Tea Chronicles and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sub-licenses (including to other users), to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Websites and The Black Tea Chronicles’ (and its successors’, transferees’, sublicensees’, and their respective affiliates’) business, including without limitation for promoting and redistributing a part or all of the Websites (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant The Black Tea Chronicles and its affiliates, transferees, and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content, to the extent permitted by applicable law. You represent and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize The Black Tea Chronicles to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by The Black Tea Chronicles and these Terms, and to grant the rights and license set forth in this section; (ii) your User Content is true and accurate; and (iii) The Black Tea Chronicles’ use of such User Content pursuant to these Terms, and our exercise of the license rights set forth in this section, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (c) violate any applicable law or regulation. You agree that The Black Tea Chronicles has no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted on the Websites.
  • Non-Black Tea Chronicles Content Disclaimer You understand that when using the Websites you will be exposed to User Content, advertising, and other third-party content (together, the “Non-Black Tea Chronicles Content”) from a variety of sources, and that you may be exposed to Non-Black Tea Chronicles Content that is inaccurate, offensive, indecent, or otherwise objectionable. The Black Tea Chronicles does not endorse any Non-Black Tea Chronicles Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will The Black Tea Chronicles be liable in any way for or in connection with the Non-Black Tea Chronicles Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Non-Black Tea Chronicles Content, any intellectual property infringement, or for any loss or damage of any kind incurred as a result of the use of any Non-Black Tea Chronicles Content posted, emailed, or otherwise displayed or transmitted through the Websites.
  • Non-Monitoring of Users and Non-Black Tea Chronicles Content You understand that you, and not The Black Tea Chronicles, are entirely responsible for all User Content that you upload, post, e-mail, transmit, or otherwise make available through the Websites. The Black Tea Chronicles does not control Non-Black Tea Chronicles Content posted by users or otherwise made available by other persons or entities and does not have any obligation to monitor such Non-Black Tea Chronicles Content for any purpose. If at any time The Black Tea Chronicles chooses, in its sole discretion, to monitor the Non-Black Tea Chronicles Content, we nonetheless assume no responsibility for the Non-Black Tea Chronicles Content, no obligation to modify or remove any inappropriate Non-Black Tea Chronicles Content, no obligation to continue to monitor the Non-Black Tea Chronicles Content, and no responsibility for the conduct of the user or other person or entity submitting any such Non-Black Tea Chronicles Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Non-Black Tea Chronicles Content, including any reliance on the accuracy, completeness, usefulness, non-infringement, or legality of such User Content or other Non-Black Tea Chronicles Content.
  • Removal of Non-Black Tea Chronicles Content The Black Tea Chronicles and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post, or to remove or disable access to, any Non-Black Tea Chronicles Content that is available on the Websites in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
  • Prohibited Uses of the WebsitesEligibility You agree not to:
  • Defame, harass, abuse, threaten, stalk, or defraud users of the Websites, or collect, or attempt to collect, personal information about users or third parties without their consent.
  • Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Websites, features that prevent or restrict the use or copying of any part of the Websites, or features that enforce limitations on the use of the Websites.
  • Reverse engineer, decompile, disassemble, decode, or otherwise attempt to discover the source code of the Websites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  • Modify, adapt, translate, or create derivative works based upon the Websites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  • Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Account Information In order to access some features of the Websites, you may have to create an account. You may cancel your account with us at any time by emailing [email protected]. We reserve the right to immediately terminate your account, and without prior notice to you if you violate the Terms or if we otherwise believe it is necessary to protect our interests or the interests of others.
If you register for an account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure, you shall immediately notify The Black Tea Chronicles. You are solely liable for losses incurred by you, The Black Tea Chronicles, or others due to any unauthorized use of your account.
  • Offerings and Purchases The Websites may permit you to purchase certain products or services, including products or services of third parties that are offered through the Websites (“Offerings”). The Offerings are intended for personal use only. The Black Tea Chronicles reserves the right to refuse to sell any Offerings to you if it reasonably appears to us that you intend to resell such Offerings. We further reserve the right to limit quantities of Offerings purchased by each user or to refuse to provide any user with the Offerings. Orders of special Offerings (including limited edition and pre-order Offerings) may contain additional terms, which will be provided for each such Offering. Please read the terms listed for each Offering on the applicable page of the Websites carefully before placing your order.
You acknowledge and agree that all information you provide with regards to the purchase of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (i) discontinue, modify, or limit the available quantity of any Offerings, and (ii) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user designated address. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth on the applicable page of the Websites, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. The Websites may allow you to purchase Offerings and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of delivery or provision of the applicable Offering. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through PayPal or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility.
  • Links and Third-Party Websites The Black Tea Chronicles, users, and other third parties may provide links on the Websites to other websites, including the content therein (“Reference Sites”). The Black Tea Chronicles has no control over such Reference Sites or their content and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Websites. The Black Tea Chronicles provides links to you only as a convenience, and the inclusion of any link on the Websites does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein.
  • Service Availability The Black Tea Chronicles may make changes to or discontinue any of the media, web communities, products, or services available within the Websites at any time, and without notice. The media, products, or services on the Websites may be out of date, and The Black Tea Chronicles makes no commitment to update these materials on the Websites.
  • Feedback You agree that any feedback, analysis, suggestions, and comments to The Black Tea Chronicles provided by you regarding the Websites (collectively, “Feedback”) will become the property of The Black Tea Chronicles. You hereby assign to The Black Tea Chronicles all right, title, and interest, including all intellectual property rights, in and to the Feedback. Without limiting the generality of the foregoing, you agree that The Black Tea Chronicles shall have the perpetual, irrevocable, and worldwide right to use, copy, display, perform, translate, modify, license, sublicense, and otherwise exploit all or part of the Feedback or any derivative thereof in any embodiment, manner, or media now known or hereafter devised without any remuneration, compensation, or credit to you.
  • User Disagreements You are solely responsible for your involvement with other users of the Websites. The Black Tea Chronicles reserves the right, but has no obligation, to monitor disagreements between you and other users. To the fullest extent permitted by applicable law, The Black Tea Chronicles disclaims all liability related to any user disagreement.
  • Indemnification You agree to indemnify and hold harmless The Black Tea Chronicles and its parent, subsidiaries, affiliates, or any related companies, and the officers, directors, employees, agents, and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (a) your use or misuse of the Websites, (b) your User Content, including The Black Tea Chronicles’ use, display, or other exercise of its license rights granted herein with respect to your User Content, (c) your violation of these Terms, (d) your violation of the rights of any other person or entity, including claims that any User Content infringes or violates any third-party intellectual property rights, (e) your breach of the foregoing representations, warranties, and covenants, and (f) any unauthorized use of your account not caused by The Black Tea Chronicles.
  • Disclaimer; No Warranties The Websites and any content provided via the Websites are provided on an “as is” and “as available” basis. The Black Tea Chronicles disclaims all warranties, statutory, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from The Black Tea Chronicles or through the Websites will create any warranty not expressly stated herein.
  • Limitation of Liability In no event shall The Black Tea Chronicles or its third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, or exemplary damages (including, without limitation, loss of profits, data, or use or cost of cover) arising out of or relating to these Terms or your use of the Websites or any other interactions with The Black Tea Chronicles, even if The Black Tea Chronicles has been advised of the possibility of such damages.
  • Miscellaneous
  • Governing Law and Jurisdiction: These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules. The proper venue for any disputes arising out of or relating to these Terms will be the state and federal courts located in New York.
  • Waiver: A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of either party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  • Severability: If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  • Assignment: The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Black Tea Chronicles without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
  • No Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Black Tea Chronicles as a result of these Terms or use of the Websites. You further acknowledge that by submitting User Content or other Non-Black Tea Chronicles Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and The Black Tea Chronicles other than pursuant to these Terms.
  • Headings: The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
  • Entire Agreement: These Terms constitute the entire agreement between you and The Black Tea Chronicles relating to the subject matter herein and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by The Black Tea Chronicles as set forth in Section 3 above.
  • California Notice: Under California Civil Code Section 1789.3, California users of the Websites receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
  • Disclosures and Contact Information: The Websites and services hereunder are offered by The Black Tea Chronicles. You can contact us by email at [email protected].
  • Supplemental Terms for EU Users
If you are an EU user, sections of these Terms may be replaced by the terms set out below (the “EU Terms”):
  • Warranties: We do not guarantee that the Websites are or will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Websites. You should use your own virus protection software.
  • Purchases Made in the EU: If you are an EU user and you make a purchase through our shop, you have a legal right to change your mind within fourteen (14) days and receive a refund. Specific exclusions and additional terms apply as outlined in Section 12.
  • No Liability for Unforeseeable Loss and Damage: The Black Tea Chronicles is not responsible for loss or damage resulting from your use of the Websites that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time you acknowledged and agreed to these Terms, both The Black Tea Chronicles and you were aware that it might occur.
  • No Liability for Commercial Losses: The Websites are provided for private, non-commercial use only. The Black Tea Chronicles has no liability for any loss of profit, loss of business, loss of contract, business interruption, or loss of business opportunity in connection with your use of the Websites
  • Exclusions Prevented by Law: Nothing in these Terms excludes or limits The Black Tea Chronicles’ liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability which cannot be excluded or limited by applicable law. The Black Tea Chronicles’ liability in respect of claims under these Terms or in relation to use of the Websites is limited to a maximum of the sum of the amounts paid by you to The Black Tea Chronicles in relation to use of the Websites in the twelve (12) months preceding the date of the claim.
  • By using the Websites, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions posted on the Websites from time to time.
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