Updated: March 10, 2008
Blackfly Networks, LLC (“Blackfly”) provides access to its website to you, the ("Visitor") and you are subject to the following terms and conditions listed in this document (“Privacy Policy”). By accessing this website, Visitors agree to be governed by the terms and conditions of this Privacy Policy.
This statement discloses the privacy practices for the Blackfly Networks family of websites including BlackflyNetworks.com & My.BlackflyNetworks.com. Please note that this is only the Privacy Policy for our websites and is not the Terms of Use for our Software and/or Services.
Information Collection and Use
Blackfly Networks, LLC is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Blackfly Networks collects information from our users at several different points on our website.
Use of the Blackfly Networks, LLC Website
Visitor may only use the Blackfly website for legal purposes. Blackfly Networks, LLC reserves the right to refuse service, terminate accounts or cancel orders, at its discretion, if Blackfly Networks, LLC believes that a Visitor's conduct violates applicable laws or is harmful in any way to the interest or goodwill of Blackfly Networks, LLC.
Intellectual Property
Visitor acknowledges that all material ("Material") on or used by the Blackfly website is either owned by or licensed to Blackfly Networks, LLC and is protected by various copyright laws and other intellectual property protection laws, rules or regulations. Visitor may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Materials, in whole or in part. Visitor may make copies of select portions of the Materials, provided that the copies are made only for Visitor's personal use and that Visitor maintains any notices contained in the Material, such as all copyright notices, trademark legends, or other proprietary rights notices.
Privacy
When a Visitor enters the Blackfly website, Blackfly Networks, LLC collects some basic information. This includes which pages are visited, types of products purchased and various browser information such as screen resolution, color depth, etc. This information is used to identify broad demographic trends about use of our site and you will not be personally identified by this information. Blackfly Networks, LLC then aggregates this information with other pieces of data to improve the Blackfly website and make the Visitor's experience on the Blackfly website as valuable and efficient as possible. Additionally, Blackfly websites automatically collect IP addresses to aid in trend analysis and site administration. Blackfly Networks, LLC may employ the use of cookies to speed navigation, keep track of items, and provide Visitor with custom-tailored content. Blackfly Networks, LLC may also use cookies to remember information the Visitor gave Blackfly Networks, LLC so the Visitor doesn’t have to re-enter it each time Visitor enters the Blackfly website. Blackfly Networks, LLC reserves the right to use the information collected whether by cookies or any contact or registration page for any lawful purpose.
Third Party Links
The Blackfly website may provide the Visitor links to third party websites. Blackfly Networks, LLC does not endorse any information posted on such third party websites nor the reliability or authenticity of any such posted information. Blackfly Networks, LLC may or may not have any relationship with such third party websites other than providing the links for convenience. Visitor acknowledges that each third party website may be governed by its own rules and regulations and that the Visitor will adhere to such rules and regulations when visiting such third party website. Blackfly Networks, LLC shall have no liability whatsoever for any actions of the Visitor on such third party websites nor will Blackfly Networks, LLC be liable for any information or data downloaded by Visitor or any transaction entered into while visiting such third party website.
Purchases & Account Creation
Visitor agrees to provide true, accurate, current and complete information about Visitor as required by the purchase and account creation pages of the Blackfly website. If Visitor does not provide accurate information, Blackfly Networks, LLC may at its discretion, terminate Visitor's purchase, cease to provide any services or cancel any orders placed by Visitor. Blackfly Networks, LLC will not use this information to mail any other solicitation nor will Blackfly Networks, LLC sell this information to any third party.
Submitted Information
If Visitor sends any message or communication to Blackfly Networks, LLC, such message or communication will become the property of Blackfly Networks, LLC and will not be returned. Blackfly Networks, LLC shall have the right to use, reproduce, modify, adapt, publish, translate, distribute, and display such messages or communications, including the Visitor's name. Blackfly Networks, LLC will not use this information to mail any other solicitation nor will Blackfly Networks, LLC sell this information to any third party.
Security
Information collected by Blackfly Networks, LLC is stored in secure operating environments that are not available to the public. All of our employees are dedicated to maintaining and upholding your privacy and security and are aware of our privacy and security policies. That said, no data transmission over the Internet can be guaranteed 100% secure. As a result, while protecting our data is our first priority, Blackfly Networks, LLC cannot ensure or warrant the security of any information collected and transmitted to us, and all customers use our Software and/or Service at their own risk. The Blackfly website purchase forms ask users to enter sensitive personal information (such as credit card number and/or phone number), that information is encrypted and is protected with industry standard methods - SSL.
Disclaimers and Limitation of Liability
VISITOR EXPRESSLY AGREES THAT USE OF THE BLACKFLY WEBSITE IS AT VISITOR'S SOLE RISK. BLACKFLY NETWORKS, LLC DOES NOT WARRANT THAT (I) THE BLACKFLY WEBSITE AND SOFTWARE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (II) ANY INFORMATION POSTED ON THE BLACKFLY WEBSITE IS ACCURATE. THIS SITE, THE SOFTWARE AN/OR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLACKFLY NETWORKS, LLC AND THIRD PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE, THE SOFTWARE AND/OR SERVICE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE AND SOFTWARE AND/OR SERVICE AND FURTHER DISCLAIMS ALL SAID WARRANTIES. BLACKFLY NETWORKS LLC WILL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, THE SOFTWARE AND/OR SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, WHETHER IT BE THE FAULT OF THE VISITOR OR BLACKFLY NETWORKS, LLC. VISITOR RECOGNIZES THAT THE AS IS AND AS AVAILABLE CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH BLACKFLY NETWORKS, LLC WOULD NOT HAVE AGREED TO ENTER THIS AGREEMENT.
Change of Terms
Blackfly Networks, LLC reserves the right to change the terms and conditions of this Agreement at any time. Such new terms and conditions will be posted on Blackfly Networks, LLC's website. Further, Visitors who use Blackfly Networks, LLC's services or purchase products through the Blackfly Networks, LLC website, shall be subject to other terms and conditions in other agreements. To purchase such products or receive the services, the Visitor must agree to be bound by the terms and conditions in such other agreements. |
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