terms & conditions

Terms of Service

Last updated: 02.02.21

http://dopeblackdads.com and https://dopeblack.org/ (our “Websites”) are operated by Dope Black CIC, a community interest private limited company established in England & Wales with a registered office at 1 Mentmore Terrace, London, England, E8 3PN (“we”, “us”, “our”). Dope Black CIC offers this Websites, including all information, tools and services available from this Websites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Websites whether as a guest or as a registered user, creating an account, becoming a member and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Websites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

1. ACCEPTING THIS AGREEMENT

Please read these Terms of Service carefully before accessing or using our Websites or using our Services because it constitutes a written contract between you and us and it affects your legal rights and obligations. 

Each time you access and/or use any part of the Websites or Services, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you may not access the Websites or use our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

2. UPDATES TO OUR WEBSITES AND AVAILABILITY

We aim to update our Websites regularly,and may change the content at any time. If the need arises, we may suspend access to our Websites, or close it indefinitely. We may remove material from our Websites at our own discretion and without giving any notice. We do not promise to ensure that the Websites remains available or that the material on the Websites is kept up to date.

3. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Websites content, software and Services and all HTML and other code contained in our Websites shall remain at all times vested in us and/or its licensors and is protected by copyright and intellectual property and other laws. All intellectual property rights are reserved. 

The Websites and its contents are copyright material and the copyright is owned by us unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited. Generally speaking, trademarks appearing on the Websites are either owned by us or we have obtained limited permission from the trademark owner to use the trademark on the Websites. Any other third party trademarks remain the property of their respective owners. 

Dope Black Mums, Dope Black Dads, Dope Black Men, Dope Black Women, Dope Black Queers, Dope Black Disabled and Dope Black Fit are registered trademarks of Dope Black. You are not permitted to use them without our approval.

If you wish to obtain permission to make use of any of the copyrights, trademarks or other rights or material that may be displayed on the Websites from time to time please contact us at hello@dopeblack.org We shall not be responsible for seeking any additional authorization required for third party use of any trademark not owned by or licensed to us for such use.

Your unauthorized use of intellectual property rights owned by us or our licensors may violate copyright, trademark, privacy, publicity, communications, and other laws which may result in personal liability for you, as well as potential criminal liability.

4. YOUR USE OF OUR WEBSITES

You are responsible for making all arrangements necessary for you to have access to our Websites. You are also responsible for ensuring that all persons who access our Websites through your internet connection are aware of this Terms of Service, and that they comply with them.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction.

Your use of our Websites is subject to these Terms of Service and applicable laws and regulations. You may not:

1. use this Websites if you are not fully able and legally competent to agree to this Terms of Service; 
2. use our Websites unless in compliance with applicable laws and this Terms of Service; 
3. modify, translate, adapt, disassemble, decompile, reverse engineer, or create any derivative works based on our Websites (or any portion thereof), including any files, documentation or tables or determine or attempt to determine any source code, methods, techniques or algorithms embodied in the Websites or any derivative works thereof;
4. distribute, license, transfer or sell, in whole or in part, any of the Websites or any derivative works thereof;
5. market, lease or rent the Websites (or any part thereof) for a fee or charge, or use the Websites to advertise or perform any commercial solicitation;
6. interfere with or attempt to interfere with the proper functioning of the Websites (or any part thereof), disrupt any networks connected to the Websites (or any part thereof), or bypass any measures we use or may use to prevent or restrict access to the Websites (or any part thereof); 
7. use automated scripts to collect information from or interact with the Websites (or any part thereof) in any way;
8. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us or our Websites;
9. use the Websites (or any part thereof) in a manner that may create a conflict of interest or undermine the purposes of the Websites; or
10. use the Websites (or any part thereof) to upload, transmit, distribute, store or otherwise make available in any way:

1. files that contain viruses or other material that is malicious or harmful;
2. any material which does or may infringe any copyright, trademark or intellectual property rights of any other person;
3. defamatory, obscene, offensive, hateful or inflammatory material;
4. any content that would constitute or encourage a criminal offence; or
5. content that, in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using the Websites, or which may expose us or our users to any harm or liability of any type.

You understand, acknowledge and agree that any breach or violation of any of the foregoing provisions or the Terms of Service may in our sole discretion and judgement lead to us terminating and relationship with you and an immediate termination of your Services. You may be subject to criminal liability and/or liability for damages, costs, expenses or fees (including attorney’s fees) incurred by us in enforcing our rights against you under this Terms of Service.

5. YOUR ACCOUNT

Creating your Account. To create an account, you must provide your email address and certain other personal information and create a unique password, which you will then use to log in to the Site (“User ID”).  When creating an Account, you agree to: (i) provide true, accurate, current and complete information as requested (together with User ID, the “Account Information”) and (ii) promptly maintain and update such Account Information (as applicable) to keep it true, accurate, current and complete at all times. If the Account Information you provided is untrue, inaccurate, misleading or outdated, we have the right to suspend or terminate your access to, or use of, your Account immediately with or without notice.

You shall be solely responsible for your Account. You, as the creator of your Account and Account Information, are solely responsible for your Account and Account Information. You are not permitted to upload offensive or obscene Account Information, as determined by us in our sole discretion. If an Account violates any part of this Agreement, we may immediately, temporarily, or permanently ban such an Account or change the Account Information associated with such Account, with or without notice.

Please note that you are responsible for maintaining the confidentiality and security of your Account and password at all times, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. To the maximum extent permitted by applicable law, you will be deemed as the person who uses the Account, and any acts made by the Account will be deemed as your acts. You are solely responsible for all activities and transactions that occur under your Account no matter who actually uses the Account, and we are not responsible for any misuse or use of your Account, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to your use of the Websites that is known to you. You agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse of your Account or your Account Information, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.

Retrieving your Account. If you request to retrieve your Account when your access to the Application is denied due to the loss of Account Information or forgotten password, you are required to provide certain information according to the account retrieval process which we in our sole discretion implement on the Websites, and to ensure that all such information is legitimate, truthful and valid. Your Account may not be retrieved if the information or documentation provided by you fails our security verification, and you are solely liable for any and all risks and losses arising therefrom.

6. OUR SERVICES

Certain Services may be available exclusively online through the Websites. 

These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Dope Black. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Websites is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

7. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include 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. In the event that 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.

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

8. LINKING

Linking to third party sites

Our Websites or our Services may include materials or tools from third-parties and links to third-party Websites that are not related to, affiliated with or endorsed by us. These links are provided for your information only. We have no control over the contents of these third-party Websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties or for any loss or damage that may arise from your use of them. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Linking to our Websites

You may link to our Websites, provided you do so in a way that is fair and legal, is non-deceptive and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Websites in any Websites that is not owned by you. Our Websites must not be framed on any other Websites, nor may you create a link to any part of our Websites other than the home page. We reserve the right to withdraw linking permission without notice. 

9. USER CONTENT

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10. PERSONAL INFORMATION

We process information about you in accordance with our Privacy Policy. By using our Websites and Services, you consent to such processing and you warrant that all data provided by you is accurate.  

11. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Occasionally there may be information on our Websites or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Websites is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related Websites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Websites, should be taken to indicate that all information in the Service or on any related Websites has been modified or updated.

12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You accept that our Websites and our Services is offered on an “as-is” and “as available” basis. We take every reasonable precaution and care in relation to our Websites and Services but we do not warrant, guarantee or represent that the provision of our Websites or Services will be uninterrupted, timely, secure or error-free or that defects will be corrected or that this Websites is free of software viruses, bugs or defects. 

To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise by implied by statute, common law or the law of equity including, where relevant, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You agree that from time to time we may remove the service for indefinite periods of time or cancel Services at any time, without notice to you.

In no case shall Dope Black CIC , our directors, officers, employees, affiliates, agents, contractors, interns, volunteers, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, lost business, loss of contracts, loss of data, replacement costs, waste of management or office time or any indirect or consequential loss or damage of any kind howsoever arising and whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in this Terms of Service will limit or exclude our or your liability (i) for death or personal injury; (ii) for fraud or fraudulent misrepresentation; or (iii) in any way that is not permitted under applicable law.

13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dope Black CIC and our, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including but not limited to reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or arising out of a breach of your obligations or your violation of any law or the rights of a third-party or any representation you make or warranties you provide under this Terms of Service. You shall reimburse Dope Black for its expenses under this section as they are incurred. 

You agree that where a breach of this Terms of Service will cause irreparable injury to Dope Black CIC for which monetary damages would not be an adequate remedy, we shall be entitled to equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security or proof of damages.

14. GENERAL PROVISIONS

• Variation. We reserve the right to amend these Terms at any time. Any changes we make to this Terms will be posted on this page and where appropriate, notified to you by e-mail. We recommend that you review this Terms from time to time as any changes we make will be binding on you. 
• Severability. If any provision in these Terms is ruled invalid, unlawful, void or unenforceable by a court of competent jurisdiction, that provision will be removed from these Terms without it affecting the rest of the Terms of Service and the remaining provisions of this Terms of Service will continue to be valid and enforceable.
• Interpretation. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of this Terms of Service. You agree that the headings in this Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.
• Security. We do not guarantee that our Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer program and platform to access our Websites. You should use your own virus protection software.
• No Waiver. No failure or delay by you or us in exercising any rights or remedies under this Terms of Service will operate as a waiver of that or any other right or remedy.
• No partnership or joint venture. This Terms of Service shall not be construed as creating a partnership, joint venture, franchise or agency relationship between you and us.
• Entire Agreement. This Terms of Service constitutes the whole legal agreement between you and Dope Black and govern your use of the Websites and completely replaces any prior agreements between you and Dope Black in relation to the Websites.
• Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Terms of Service for all purposes.
• Governing Law. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.