Terms and Conditions
BEFORE USING OUR SITES, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
These terms and conditions constitute a legally binding agreement between you (“you”, “your”, or the “user”) and Black Professionals in Tech Network Inc. (“BPTN”, “we”, “us”, or “our”) when you access or use the Obsidi by BPTN website, www.obsidi.com, the Obsidi by BPTN platform, or any BPTN services, including, without limitation, Obsidi Recruit, Obsidi Member, Obsidi Communities, Obsidi Academy, Obsidi Events, or the Obsidi mobile application or when you attend or participate in any BPTN events (collectively, the “Platform”) (the “Terms” or the “Agreement”). YOU MUST READ AND AGREE TO THESE TERMS BEFORE ACCESSING OR USING THE PLATFORM OR PURCHASING ANY BPTN SERVICES. By accessing or using the platform or purchasing any BPTN services from us, you indicate your understanding of, agreement to and acceptance of, these Terms. Your statutory consumer rights are unaffected.
OBSIDI BY BPTN
OWNERSHIP OF PLATFORM CONTENT
USE OF LIKENESS
LIMITATION OF LIABILITY
(I) ERRORS OR OMISSIONS IN CONTENT,
(II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF BPTN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND SHALL APPLY REGARDLESS OF THE NATURE, TYPE OR FORM OF THE CLAIM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LIABILITY.
YOU SPECIFICALLY ACKNOWLEDGE THAT BPTN, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless BPTN, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, legal fees and other expenses arising from: (i) your use of and access to the Platform; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any User Content or that your User Content caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of the Platform. In such a case, BPTN will provide you with written notice of such claim, suit or action.
CODE OF CONDUCT
a. You may not use the BPTN Platform for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Platform.
b. You may not use the Platform in any manner which could disable, overburden, damage, or impair the Platform, BPTN’s servers or computer network, or interfere with any other party’s use and enjoyment of the Platform.
c. You agree that you are responsible for your own conduct and communications while using the Platform and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Platform, you will not:
d. While BPTN prohibits such conduct and User Content in connection with the Platform, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Platform at your own risk.
e. BPTN reserves the right to monitor use of this Platform to determine compliance with these Terms. Although BPTN does not read, review, vet or otherwise assess User Content in advance of its posting, BPTN reserves the right to remove any User Content and/or terminate your BPTN User Account without notice for breach or for any other reason.
LINKS TO THE PLATFORM
LINKS FROM THE PLATFORM
NOTICES AND MESSAGES
You agree that we will provide notices and messages to you in the following ways: (1) within the service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
OTHER CONTENT, SITES AND APPS
Obsidi Community Guidelines
Dos: You agree that you will:
Don’ts: You agree that you will not:
BPTN may help connect members offering their services (career coaching, accounting, etc.) with members seeking services. BPTN does not perform nor employ individuals to perform these services. You acknowledge that BPTN does not supervise, direct, control or monitor members in the performance of these services and agree that (1) BPTN is not responsible for the offering, performance or procurement of these services, (2) BPTN does not endorse any particular member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between BPTN and any member offering services. If you are a member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies.
Similarly, BPTN may help you register for and/or attend events organized by us or our partners and connect with other members who are attendees at such events. You agree that (1) BPTN is not responsible for the conduct of any of the members or other attendees at such events, (2) BPTN does not endorse any particular event listed on our services, (3) BPTN does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
Complaints Regarding Content
It is the express wish of the parties hereto that the Terms and all related documents, including notices and other communications, be drawn up only in English. La volonté expresse des parties aux présentes est que les présentes modalités / ces “Terms” et tous les documents s’y rattachant, y compris les avis et les autres communications, ne soient rédigés qu’en anglais.