Last updated December 11, 2022
Welcome to Blkem website – www.blkem.com. These terms and conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites, which reference these Terms and Conditions.
We’ve drafted these Terms of Service (which we call the “Terms”), so you’ll know the rules that govern our relationship with you as a user of our Services. Although we have tried our best to strip the legalese from the Terms, there are places where they may still read like a traditional contract. There’s a good reason for that: these Terms form a legally binding contract between you and Blkem. (“Blkem”). So please read them carefully.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Blkem Services is public by default and will be able to be viewed by other users and through third party services and websites.
Who can use the services
- No one under 16 (or, if greater than 16, the minimum age at which a person may use the Services in your country) is allowed to create an account or use the Services. If you are under 18 (or the legal age of majority in your country), you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you represent, warrant, and state that
- You are forming a binding contract with Blkem;
- You are not a person who is barred from using the Services under the laws of the United States, the United Kingdom, or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition;
- You are not a convicted sex offender; and
- You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
- You are not a member or have been a member of any extremist or terrorist group.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. Blkem cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).
Rights we grant you
As between you and us, Blkem (and its licensors) is the owner of the Services, including all proprietary content, information, material, software, images, text, graphics (including any bitmoji avatars that you may assemble using visual elements we provide), illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music and “look and feel” of the Services and all related intellectual property rights. Blkem grants you a worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to use the Services. This licence is for the sole purpose of using and enjoying the Services in a way that these Terms and our policies, such as our Community Guidelines and Sounds on Blkem Guidelines, allow. You may not use the Services in ways that are not authorised by these Terms. Nor may you help anyone else in doing so.
Many of our Services let you create, upload, post, send, receive and store content. When you do that, you retain whatever ownership rights to that content you had to begin with. But, you grant us a licence to use that content. How broad that licence is dependent on which Services you use and the settings you have selected. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Blkem and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Blkem name or any of the Blkem trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Blkem, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
In order to open an account, you will be asked to provide us with certain information such as an account username, email and password.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, you can delete your account via your profile settings, or we can take care of this for you. Please contact us via [email protected] and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Intellectual Property Rights
All text, data, images, graphics, audio and/or video information and other materials within the Services provided by Blkem are property of Blkem are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by Blkem to you.
By using and/or uploading any live stream content or other content through a Blkem Services to publicly accessible areas of Blkem website, you grant to Blkem and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Blkem be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that you will at all times comply with these Terms, including our Community Guidelines and any other policies Blkem makes available in order to maintain the safety of the Services.
If you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties—including law enforcement agencies—and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns. We also care about your physical safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving. And never put yourself or others in harm’s way just to capture a Blkem.
Use of the Services
- Your access to and use of the Services is subject to these terms and all applicable laws and regulations. You agree that you will comply with these terms of Services and Blkem Community Guidelines and will not:
- create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Blkem accounts of others without permission, forge another person’s identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
- defame, harass, abuse, threaten or defraud users of Blkem, or collect, or attempt to collect, personal information about users or third parties without their consent;
- use of profanity excessively and in such a way to defame, harass, abuse, or threaten users of Blkem;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, features that enforce limitations on the use of the Services or User Content, or delete the copyright or other proprietary rights notices on the Services or User Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
- modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- manipulate identifiers in order to disguise the origin of any User Content transmitted through the Blkem Services;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
- use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
Blkem takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Blkem liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
We accept PayPal and major credit cards, certain debit cards and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize us, or our designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by Blkem.
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
By providing us with your mobile phone number, you agree to receive SMS from Blkem related to the Services, including about promotions, your account, and your relationship with Blkem. These SMS may be made to your mobile phone number even if your mobile phone number is registered on any kind of “Do Not Call” list, or international equivalent.
Certain Services may display, include or make available content, data, information, applications, features or materials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. If you use any Third-Party materials made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Neither Blkem., nor any of our affiliates are responsible or liable for a third party’s terms or actions taken under the third party’s terms. Further, by using the Services, you acknowledge and agree that Blkem is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
Modifying the Services and Termination
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time and, when we do, we will try to notify you beforehand – but this won't always be possible.
While we hope you remain a lifelong Blkem, you can terminate these Terms at any time and for any reason by deleting your Blkem chat account (or, in some cases, the account associated with the applicable part of the Services you are using). We may terminate or temporarily suspend your access to the Services if you fail to comply with these Terms, our Community Guidelines or the law, for any reason outside of our control, or for any reason, and without advanced notice. That means that we may terminate these Terms, stop providing you with all or any part of the Services, or impose new or additional limits on your ability to use our Services. And while we’ll try to give you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Blkem, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content, including infringement claims related to your content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct.
You shall be fully responsible for any risks involved in using Blkem Services. Any use or reliance on Blkem Services will be at your own risk.
Under no circumstance does Blkem guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the Services is provided by Blkem on an “as is” basis. Blkem make no representations or warranties of any kind express or implied as to the operation and the providing of such Services or any part thereof. Blkem shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.
Blkem does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. Blkem shall not be responsible for the content of any linked site or any link contained in a linked site, and Blkem shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, Blkem shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of Blkem.
Blkem shall not bear any liability for the interruption of or other inadequacies in the Services caused by circumstances of force majeure, or that are otherwise beyond the control of Blkem. However, as far as possible, Blkem shall reasonably attempt to minimize the resulting losses of and impact upon you.
Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Blkem and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Blkem Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Services are Available “AS¬IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BLKEM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Blkem Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error¬free basis. No advice or information, whether oral or written, obtained from the Blkem Entities or through the Services, will create any warranty or representation not expressly made herein.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Choice of law
Blkem shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the United States applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in United states and you agree to accept service of process by mail. Any action based on a breach of any provision of these Terms & Conditions shall be brought exclusively in the federal or local courts presiding in United States. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Territory and the parties agree to submit to the exclusive jurisdiction of the courts of the Territory.
Modification of the Agreement
We amend these terms of the Agreement from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these terms, such as through a notice on Blkem platform. However, you should look at the Agreement regularly to check for such changes. Your continued access or use of the Services after the date of the new terms constitutes your acceptance of the new terms. If you do not agree to the new terms, you must stop accessing or using the Services.
Blkem welcomes comments, questions, concerns or suggestions. You can contact us at [email protected] or message us through Blkem’s direct message system.
5900 Balcones Dr Ste 100
Austin, TX 78731
If you have any questions about how we use your personal data, please contact [email protected]