Vendor Service Agreement

 

These Terms of Service (“Terms”) are a binding legal agreement between you and The Black Travel Club LLC that govern your use of the websites, applications, and other offerings from The Black Travel Club (collectively, the “Company Platform”). When used in these Terms, “Company,” “we,” “us,” or “our” refers to The Black Travel Club, LLC, with whom you are contracting.

The Company Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and buy products and services. Members who publish and offer services are “Vendors” and Members who search for, book, or use services are “Travelers.” Vendors offer accommodations (“Accommodations”), activities, excursions, and events (“Experiences”), and a variety of travel and other products/services (collectively, “Vendor Services,” and each Vendor Service offering, a “Listing”). You must register an account to access and use many features of the Company Platform, and must keep your account information accurate. As the provider of the Company Platform, the Company does not own, control, offer or manage any Listings or Vendor Services except as stated otherwise. The Company is not a party to the contracts concluded directly between Vendors and Travelers, nor is the Company a real estate broker or insurer. 

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Refund Policy.

If you Vend, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Vendor Services.

1. Vending with The Black Travel Club  
1. Vendor. As a Vendor, the Company offers you the opportunity to share your Accommodation, Experience, Trip or other Vendor Service with our vibrant community of Travelers - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
2. Contracting with Travelers. When you accept a booking request, or receive a booking confirmation through the Company Platform, you are entering into a contract directly with the Traveler, and are responsible for delivering your Vendor Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees for each booking. Company Payments will deduct amounts you owe from your payout unless we agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Travelers must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
3. Independence of Vendors. Your relationship with the Company is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of the Company, except that the Company acts as a booking/resale agent on behalf of the Vendor. The Company does not direct or control your Vendor Service, and you agree that you have complete discretion whether and when to provide Vendor Services, and at what price and on what terms to offer them.
2. Managing Your Listing
1. Creating and Managing Your Listing. The Company Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Vendor Service, your price, other charges like cleaning fees, resort fees, security deposits, offline fees, and any rules or requirements that apply to your Travelers or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Vendor Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. 
2. Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Vendor Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Vendor to register, get a permit, or obtain a license before providing certain Vendor Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Vendor Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Travelers who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for guests and additional obligations for hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Vendor Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Travelers and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
3. Listing Ranking. The ranking of Listings on the Company Platform depends on a variety of factors, including these main parameters:
1. Commission amount (higher commissions usually receive higher priority),
2. Vendor reputation,
3. Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Vendor Service, Vendor status, age of the Listing, average Traveler popularity),
4. Traveler buying experience (e.g. customer service and cancellation history of the Host, ease of booking),
5. Payment of promotional fees to the Company to boost views/exposure to our audience
4. Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Vendor Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description.
5. Vending as a Team or Organization. If you work with a partners or vend as part of a team, business, or other organization, the entity and each individual who participates in providing Vendor Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct the Company to transfer a portion of your payout to a partner or other Vendors, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6. Your Assumption of Risk. You acknowledge that vending carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Company Platform, offering Vendor Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Company Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Vendor Services and that you are not relying upon any statement of law made by the Company.
3. Cancellations, Travel Issues, and Booking Modifications.
1. Cancellations and Travel Issues. In general, if a Travelers cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a Vendor, you should not cancel on a Traveler without a valid reason outside of your control or applicable law. If you cancel on a Traveler without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Traveler experiences a Travel Issue (as defined by the Traveler Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 4 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Traveler, and by any other reasonable costs we incur as a result of the cancellation. If a Traveler receives a refund after you have already been paid, or the amount of the refund and other costs incurred by the Company exceeds your payout, the Company may recover that amount from you, including by offsetting the refund against your future payouts. You agree that the Company's Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Travelers. If we reasonably expect to provide a refund to a Traveler under one of these policies, we may delay release of any payout for that reservation until a refund decision is made.
2. Booking Modifications. Vendors and Travelers are responsible for any Booking Modifications they agree to make via the Company Platform or direct Company customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
4. Termination, Suspension, and Other Measures
1. Term. The agreement between you and Airbnb reflected by these Terms is effective when you access the Airbnb Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
2. Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Airbnb may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Airbnb may also terminate this agreement immediately and without notice and stop providing access to the Airbnb Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Airbnb, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
3. Member Violations. If (i) you breach these Terms or any other Policies, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) the Company believes it is reasonably necessary to protect the Company, its Members, or third parties; the Company may, with or without prior notice: suspend or limit your access to or use of the Company Platform and/or your account; suspend or remove Listings, Reviews, or other Content; cancel pending or confirmed bookings; or suspend or revoke any special status associated with your account. For minor violations or where otherwise appropriate as the Company determines in its sole discretion, you will be given notice of any intended measure by the Company and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid to the Vendor will be reduced by the amount we refund or otherwise provide to the Traveler, and by any other costs we incur as a result of the cancellation.
4. Legal Mandates. The Company may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 4.3 above.
5. Effect of Termination. If you are a Vendor and terminate your Company account, any confirmed booking(s) will be automatically cancelled and your Travelers will receive a full refund. If you terminate your account as a Traveler, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Company Platform has been limited, or your Company account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Company Platform through an account of another Member.
6. Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.
5. Modification. The Company may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Airbnb Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Airbnb Platform will constitute acceptance of the revised Terms.
6. The Company's Role. We offer a platform that enables Members to publish, offer, search for, and buy Vendor Services. While we work hard to ensure our Members have great experiences using the Company Platform, we do not and cannot control the conduct of Travelers and Vendors. You acknowledge that the Company has the right, but does not have any obligation, to monitor the use of the Company Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Company Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that the Company administers its Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for vendors), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist the Company in good faith, and to provide the Company with such information and take such actions as may be reasonably requested by the Company with respect to any investigation undertaken by the Company regarding the use or abuse of the Company Platform. The Company is not acting as an agent for any Member.
7. Member Accounts. You must register an account to access and use many features of the Company Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Company Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify the Company if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
8. Disclaimer of Warranties. We provide the Company Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Traveler, Vendor, Vendor Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Company Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or the Company has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
9. Limitations on Liability. Neither the Company (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Company Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Company Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Company Platform, or (iv) publishing or booking of a Listing, including the provision or use of Vendor Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. Except for our obligation to transmit payments to Vendors under these Terms, in no event will the Company's aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Company Platform, any Content, or any Vendor Service, exceed: (A) to Travelers, the amount you paid as a Traveler during the 12-month period prior to the event giving rise to the liability, (B) to Vendors, the amount paid to you as a Vendor in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). These limitations of liability and damages are fundamental elements of the agreement between you and the Company. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
10. Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at the Company's option), indemnify, and hold the Company (including other affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Company Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Vendor Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
11. Governing Law and Venue. These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 12 must be brought in state or federal court in Houston, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Houston, Texas.
12. Dispute Resolution and Arbitration Agreement.
1. Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against the Company in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 12 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
2. Overview of Dispute Resolution Process. The Company is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 12 applies: (1) an informal negotiation directly with the Company's customer service team (described in paragraph 12.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and the Company each retain the right to seek relief in small claims court as an alternative to arbitration.
3. Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and the Company each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to the Company by mailing it to the Company's agent for service: The Black Travel Club LLC, 4355 Cobb Pkwy SE, STE J203, Atlanta, GA 30339. The Company will send its notice of dispute to the email address associated with your account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
4. Agreement to Arbitrate. You and the Company mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Company Platform, Vendor Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Airbnb agree that the arbitrator will decide that issue.
5. Exceptions to Arbitration Agreement. You and the Company each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 11): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and the Company agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
6. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
7. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, the Company agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Harris County, Texas; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
8. Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
9. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
10. Jury Trial Waiver. You and Airbnb acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
11. No Class Actions or Representative Proceedings. You and the Company acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
12. Severability. Except as provided in Section 12.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
13. Changes to Agreement to Arbitrate. If the Company changes this Section 12 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and the Company (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and the Company.
14. Survival. Except as provided in Section 12.12 and subject to Section 4.6, this Section 12 will survive any termination of these Terms and will continue to apply even if you stop using the Company Platform or terminate your account.
13. Miscellaneous. 
1. Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between the Company and you pertaining to your access to or use of the Company Platform and supersede any and all prior oral or written understandings or agreements between the Company and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and the Company. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 12.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
2. No Waiver. The Company’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
3. Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without the Company's prior written consent. The Company may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
4. Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by the Company via email, Company Platform notification, messaging service (including SMS and WhatsApp), or any other contact method we enable and you provide.
5. Third-Party Services. The Company Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Airbnb is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
6. Google Terms. Some translations on the Company Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Company Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
7. Company Platform Content. Content made available through the Company Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of the Company and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Company Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Company Platform and accessible to you, solely for your personal and non-commercial use.
8. Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
9. Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an account. 
10. Contact Us. If you have any questions about these Terms please email us at info@blacktravel.club