Black Diamond X Rated

BLACK DIAMOND X RATED 
TERMS OF SERVICE

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www.blackdiamondxrated.com is owned and operated by Black Diamond X Rated, a company registered and existing under the laws of the state of Florida

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Please read these Terms and Service and our Privacy Policy carefully before accessing or making use of our services. All users of our website, mobile app, and other products and services are conditioned upon acceptance of these Terms of Service and our Privacy Policy. We may require you to accept further terms that apply to certain features or services.

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By clicking to indicate your acceptance or otherwise further access or use of any part of our services, you agree to be bound by these Terms of Service and our Privacy Policy.  If you do not agree to these Terms, you are not allowed to use our Services. Any new or updated features or tools that are added to the current website, mobile app, and our services shall also be subject to these Terms of Service. 

 

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DEFINITIONS

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"Our website" or "this website" - refers to www.blackdiamondxrated.com which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, "Website") owned and operated by Black Diamond X Rated.

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"We", "Us", and "Our"- shall be used interchangeably and shall refer to Black Diamond X Rated, its owners, its affiliates and/or subsidiaries, and any person or entities associated with Black Diamond X Rated.

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"Visitor"- is someone who merely browses this website or uses our app but has not registered an account.

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"Member"- is someone that has registered an account with us to make use of our services.

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"User" or "Users" or "You"- is a collective identifier that refers to either a Visitor or Member.

 

 “Account”- means an account created by a Member to access our Services.

 

“Products” – refers to the items that are available for purchase on our website which are either provided by us or a third-party company.

 

 

 “Services”- shall collectively mean our services, mobile app, content, and our website.

 

“User Content”- collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes Member profile pictures, in-app text or chat, audio recordings, streamed contents, and or other content authored by a User.

 

 

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LEGAL COMPLIANCE

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By using our Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. We reserve the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.

 

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CHANGE TO THESE TERMS

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We reserve the right, at our sole discretion and without prior notice, to make additions, modifications, remove, or change portions/all these Terms at any time. Users will be notified about any changes through the website. In addition, Members will be notified through a message sent to their associated account e-mail.

Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.

 

In cases of disputes, the version of this Terms of Service at the time we receive your dispute notice will be applicable in resolving your dispute with us.

 

These Terms of Service and our Privacy Policy shall govern should any other policies of ours conflict with any provisions of these Terms and our Privacy Policy.

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ACCOUNT REGISTRATION AND SECURITY

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To use certain features of our Services, you will be required to register an account by providing us with certain identifiable personal information (such as your name, date of birth, e-mail address, in some cases, payment information, etc.) and choosing a secure password. All personal information provided is safe and secure. Kindly read our Privacy Policy to see how we use and secure your data.

All personal information you supply us must be accurate, complete, and promptly updated if there is any change, particularly your email address.

 

Your account is not transferable or assignable and is void where prohibited. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through your account whether authorized by you or not, including any payment. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

 

By providing Black Diamond X Rated your personal details during registration, you agree to subscribe to our cross-platform use of your information with our sister websites which are owned and operated by Black Diamond X Rated. We may send you marketing, promotional, and other service-related emails from such sister websites.

 

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AUTHORIZED USERS

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You affirm that you are 18 years of age or older. To purchase through our website, you must be 18 or older and have a valid credit card or other acceptable electronic payment methods. Subject to these Terms, you may not use our Services if you are unable to form a legally binding agreement with Black Diamond X Rated. You agree that you are only authorized to visit or use our Services for your personal use and not for any business purposes without a separate agreement in writing with Black Diamond X Rated. You may not use our Services to purchase any product for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any product purchased through our site.

 

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AVAILABILITY AND ACCURACY OF PRODUCTS

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Certain products or services on our site may be exclusively available. These products or services may have limited quantities and are subject to the quality assurance of third-party companies who provide us some of these products.

We endeavor to display as accurately as possible the colors and images of each product that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be as accurate as displayed in our store.

We do not warrant that the quality of any products, services, information, or other material you purchased or obtained will meet your expectations

Black Diamond X Rated may terminate or suspend the supply of any product displayed on our site at any time and without prior notice if:

• We are out of stocks.

• For maintenance work.

• to update content.

• for any other reason.

 

Products on the site are normally available for dispatch within 24 hours after purchase unless otherwise stated.

 

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PRICES OF PRODUCTS

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Prices of products displayed on our store are subject to change at any time. Prices of all products available on our store are marked on their respective descriptions and are subject to VAT at the prevailing rate which will be included in the total amount during cart checkout. Delivery charges will also be included when applicable. All prices are in USD. We may sometimes provide you with offers and discounts through promotional codes.

 

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PURCHASE CONFIRMATION

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All products listed on our store have a clear description and corresponding prices which enables you to make a purchase decision before buying a product. Once you place an order to purchase our product(s), we will send you an email to confirm the receipt of your order and the details of your order. The order you place represents an offer from you to Black Diamond X Rated which we accept when through email confirmation and notification of product dispatch to you.

 

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PAYMENT METHODS

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For orders placed via our Store, Black Diamond X Rated accepts Credit and Debit Card, and other payment methods displayed during the time of payment. When making a payment and to successfully have your payment processed, you are required to provide accurate information such as card details or other billing information. You will be notified once we receive your payment which transfers the ownership of the product to you.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on 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.

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ORDER REFUSAL

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Black Diamond X Rated solely reserve the right to refuse any order at our discretion. We may, at our sole discretion, limit or cancel quantities purchased by each person, each household, or each order. These restrictions may include but are not limited to 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. If 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.  

 

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ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

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The images on our website are for display purposes only. Actual products may differ from product images displayed. In other words, we do not guarantee 100% accuracy on any ordered product.

This site may contain certain information which is not updated. We reserve the right to modify the contents of this site at any time without prior notice, 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.

We assume no responsibility if information made available on this site is not accurate, complete, or outdated.

 

OPTIONAL SERVICES

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We may provide you with access to third-party services which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such services “AS IS” and “as available” without any representations, warranties, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party services.

Your use of optional services offered through our 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 such services are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through its site (including, the release of new services and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

 

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MEDICAL DISCLAIMER

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Black Diamond X Rated may provide you with health tips and advice through our site or our social media channels, such advice and tips are not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. We are not medical experts, all content, including text, graphics, images, and information, contained on or available through this website and our social media channels is for general information and educational purposes only. We make no representation and assumes no responsibility for the accuracy of information contained on or available through this website or our social media channels, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this website with other sources and review all information regarding any medical condition or treatment with your physician.

 

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS WEBSITE OR OUR SOCIAL MEDIA CHANNELS.

 

OWNERSHIP; USER LIMITED LICENSE

 

Black Diamond X Rated and our related Services: All contents provided to you through our Services are owned and licensed to Black Diamond X Rated. Our contents and all associated Services are trademarked, copyrighted, patented, and have obtained worldwide intellectual property rights. All rights are reserved. Black Diamond X Rated, subject to your acceptance and abiding by these Terms grants you a limited license to use our Services. You agree not to use our Services in any way that will tarnish our good public reputation or bring us any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.

 

YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF Black Diamond X Rated WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

 

Content of Users: Our Services permit Users to create, share, and post content which includes but is not limited to messages, photos, videos, audios, graphical works, etc. (All collectively referred to as "User Content") The User retains all rights to their User content except for (a) any content from the Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and Black Diamond X Rated

 

The User hereby grants a non-exclusive, unlimited, irrevocable, and perpetual license to Black Diamond X Rated to use the content freely, reproduce, prepare derivatives, distribute, use for marketing and promotions worldwide without any royalty owed to the User. To the extent permitted by law, the User waives all rights to future claims of the content, content authorship, or rights to limit the usage of the content by Black Diamond X Rated.

 

To post, transmit, upload, or publish any content on our Services, you agree that such content is:

 

• Originally yours, not in violation of any third-party rights, or that you have obtained adequate right and license from the owner of the content before posting.

 

• Authentic and accurate.

 

• not in violation of any local, federal, or international law.

 

• not considered to be confidential.

 

• not prohibited or in violation of any section of our Terms of service.

 

• free of malicious codes, worms, spyware, trojans, viruses, ransomware, adware, etc.

 

 

All contents transmitted to and on our Service by a User are not considered to be confidential or proprietary once transmitted. 

 

User license to Black Diamond X Rated ends upon data deletion request by the User. However, there are certain conditions and certain contents we may not be able to delete which are:         

                                                                                                                                                                                                      

• User contents that are licensed to Black Diamond X Rated under different license terms and agreements.

 

• Contents a User shared with other Users which has been made public or have been stored privately.

  

We will take necessary steps to delete User Content from active use upon User request, this may include suppression of User content in our system. However, User Content may persist in our systems, including in backup copies. We may also retain copies of User Content if we reasonably believe it is legally required.

 

Comments transmitted within the public section of our Service (blogs, forums, comment sections, chats, etc.) may be copied and stored outside our Service by other Users. We do not guarantee the safety of such User contents or ideas that were posted publicly, we urge Users not to post confidential or sensitive information in the public section of our Service.

We won't be liable for any inappropriate use of your content that was copied from the public section of our Service by other Users

 

We reserve the right at our sole discretion to delete User content that doesn't comply with our Terms and other applicable terms. If such User content infringes the intellectual property rights of a third party, we may disclose your identity to such third party upon their request. Furthermore, your identity may be disclosed at the request of law enforcement agencies, government bodies, or by a court of law.  

 

   

MONITORING USE OF SERVICES AND USER CONTENT

 

Black Diamond X Rated does not and is not obligated to monitor User content or conduct of Members using our Services. We do not endorse or approve content posted by Users so we cannot guarantee the accuracy or appropriateness of your User content. Users are responsible for the content they post, Black Diamond X Rated is not responsible for such content and won't be liable for any damage caused by such information, materials, products, or services offered by other Users through our Services. Using our Service is at your sole discretion, you understand you may be exposed to content that are sexual, offensive or members with inappropriate behavior. If you encounter such offensive content or a member violating our Terms or abusing our Services, kindly let us know immediately by using the "Report" button or contact customer support.

 

While we are not obligated to monitor User contents, we may at our sole discretion, record, monitor, or store your communications with other Users. For more information, see our Privacy Policy.

 

Without notice, we may choose to modify, reject, or completely delete any User Content we find inappropriate or to be against our Terms and may further limit or terminate a member's account for posting content that is against or violates our Services.

 

 

PROHIBITED USES

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In addition to other prohibitions as set forth in the Terms of service, Users 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; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; and (l) to post any nude photos nor any type of solicitation from members.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

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YOUR INTERACTIONS WITH OTHER MEMBERS

 

Communications and interactions between Members are solely at the discretion of the Members involved, we do not interfere in such interactions unless during a dispute if we so desire. By communicating and interacting with other Members, you accept all liability you agree not to hold Black Diamond X Rated or anyone associated with Black Diamond X Rated responsible for any loss, claims, demands, damages, or compensations of any kind arising from your communication or interactions with another Member.

 

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THIRD-PARTY ADVERTISING

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We may feature advertisements from third-party companies through links on our mobile app or website, some of these third-party advertisements provide you promotional offers. Your decision to use those links is solely at your discretion, you agree to take full responsibility for your decision to use such third-party offers.

Our posting of third-party advertisements does not in any way constitute our affiliation, approval, or endorsement of such advertisements or their related offers. We do not have control of their business practices, the content posted on such sites, or the data they collect from you. Please endeavor to read their privacy policy page before making use of their services as they may or may not ask your permission before collecting that information.

You agree not you hold Black Diamond X Rated liable for any loss, harm, or damage arising from your decision to use such third-party advertisement links.

Our Privacy Policy explains what information we share with advertisers. Please read it.

 

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COPYRIGHT NOTICES/COMPLAINTS

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Black Diamond X Rated takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. Black Diamond X Rated reserve the right to terminate the account of any Member that infringes the intellectual property rights of others (repeatedly) without notice.

 

 

FEEDBACK AND UNSOLICITED IDEAS

 

We may require you to leave us feedback on certain features through a customer insights program. Your decision to leave feedback is optional but we would like you to do so. If we require feedback from you through a program, your feedback is subject to the guidelines of the specific program.

 

All feedback, information, or idea you send to us voluntarily is subject to our unsolicited ideas.

 

 

AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER

 

Our Services may be temporarily unavailable from time to time for maintenance or other reasons. Black Diamond X Rated assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

 

OUR SERVICES AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN “AS IS" BASIS, WITH ALL "DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BLACK DIAMOND X RATED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR PRODUCTS AND SERVICES. BLACK DIAMOND X RATED MAKES NO REPRESENTATION THAT THE SITE, OUR MOBILE APP, OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. BLACK DIAMOND X RATED MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED THROUGH OUR SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK.

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LIMITATIONS; WAIVER OF LIABILITY

 

IN NO EVENT WILL BLACK DIAMOND X RATED OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, CONTENT, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR SERVICES, EVEN IF BLACK DIAMOND X RATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLACK DIAMOND X RATED’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO $200.

 

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GOVERNING LAW

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These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the state of Florida.

 

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SEPARATION OF TERMS

 

Each of the paragraphs of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.

 

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ASSIGNMENT

 

We reserve the right to assign our rights and obligations under these Terms to a different party or entity at any time without your consent. Users are not allowed to assign their rights or obligations under these Terms to any party without obtaining prior written consent from Black Diamond X Rated, any attempt to do so without our consent is void.

 

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ENTIRE AGREEMENT

 

These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and Black Diamond X Rated relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.

 

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LANGUAGE OF THE TERMS

 

Any translated version of these Terms of service is for informational use only. The translated version may not fully represent our position as it could mean something different from the English version. The English version remains the authentic version of these Terms.

 

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NO WAIVER

 

Our non-enforcement of our rights under these Terms at any time does not mean we waived the right to do so in the future. And, if we do expressly waive a provision of these Terms, that does not mean we have waived it in perpetuity. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

 

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NOTICES

 

Notices will be sent to your e-mail or posted on www.blackdiamondxrated.com or through other means of communication depending on the contact information we have on file.

 

All notices from Users must be in writing and addressed to Black Diamond X Rated PO Box 6254 Tallahassee FL, 32314 unless we stipulate another specific means of sending us notices.

 

 

CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at blackdiamondxrated@gmail.com