Terms and Conditions (“Terms”)
Last updated: July 5th, 2019
YOU MUST BE 18 YEARS OLD OR OLDER TO USE THIS WEBSITE. IF YOU ARE NOT, LEAVE NOW.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the blacklabelmag.com website (the “Service”) operated by Double L Photography, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Refund and Cancellation Policy
Refunds shall not be issued for Memberships. See Membership policy below.
Refunds shall not be issued for Digital Magazine Issues.
Refunds for printed and otherwise tangible products may be issued on a case by case basis. Prints & wall art will be reissued if you received a damaged product in the mail. You will be required to send photographic evidence of the damage. Please allow 7-10 business days for re-shipment.
Refunds & exchanges for T Shirts, coffee mugs, phone cases, and any other physical products listed for sale now or in the future will be issued on a case by case basis, within 15 days of the purchase. You must contact support to discuss your case.
Orders of physical products may be cancelled prior to shipment.
Cancellations of Digital Magazine Issues is not possible.
Memberships grant access to restricted blog posts and galleries in either monthly or yearly iterations, dependent upon which is purchased. We reserve the right to cancel any membership without notice or refund, if any inappropriate or fraudulent activity is suspected.
Billing for memberships is automatic and recurring until the user cancels the membership. We will not issue refunds for user forgetfulness.
Upon cancellation of user membership, user’s access to member’s only content will be revoked at the end of the specified period of membership, and billing shall not recur.
By signing up for any trial periods, you agree that you will be billed upon expiry of the trial period unless cancelled prior to trial expiration. Refunds will not be issued if the membership was not cancelled prior to the expiry of the trial.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Double L Photography, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Double L Photography, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Double L Photography, LLC.
Double L Photography, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Double L Photography, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Double L Photography, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Double L Photography, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Double L Photography, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Last updated: June 08, 2015
Double L Photography, LLC (“us”, “we”, or “our”) operates the blacklabelmag.com website (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, postal address (“Personal Information”).
We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
Do Not Track Disclosure
We support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
We do not encrypt normal Web sessions, but any transmission to our servers of credit card or other Personal Information uses Secure Sockets Layer (SSL) software, which encrypts information you input. Any password is stored in our database in an encrypted, non-human readable form. We do not store credit card data on our servers.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 18 without verification of parental consent, we take steps to remove that information from our servers.
AFFILIATE TERMS AND CONDITIONS
- NITTY GRITTY
You will be given access to the Affiliate Dashboard through your Member Account Page. On your dashboard you will find appropriate links, banners, and images that you are authorized to use for your promotion of Black Label Magazine.
You’ll also find your click statistics, your scheduled & completed payouts, and be able to change your payout method. If you know what you’re doing with keywords, have at it, but if not we don’t recommend trying it.
You will receive a 50% commission for each initial signup to our VIP Membership, and 40% each time that customer is rebilled. You will be able to track this in your Affiliate Dashboard for full transparency.
The minimum payout is $25.00, and will be paid out on the 15th of every month.
The preferred payout method is Paypal. Please ensure that you provide the email address associated with your Paypal account. It is NOT automated; we will have to manually process the transaction from our end. We will do our best to process payouts on the 15th of every month, but please allow 48 hours “just in case” of unforeseen circumstances. If you choose “Offline Check” as your payout option, the alternate method will need to be PREARRANGED with Black Label Magazine administration for your desired payout method. Any fees applicable to alternate payout methods are the responsibility of the Affiliate.
WHERE TO USE YOUR LINKS
Post banners on your website, use links and/or hotspots on your blog, Patreon accounts, OnlyFans, or simply post the links with images, trailers, and other material provided in the “Banners and Links” section to your social media. WE HIGHLY RECOMMEND that you use a link shortener like bit.ly when posting links to social media. We are NOT responsible for your accounts being suspended by social media companies. The Affiliate understands and accepts the inherent risks to promoting adult content on social media by participating in this program.
ALWAYS TAG @blacklabelmag when using our imagery or videos, in addition to providing your affiliate link. You may NOT use any imagery provided for any other reason than to promote your Affiliate link. Failure to comply will result in immediate termination of your Affiliate account and forfeiture of any pending payouts.
MODELS: If you are a Black Label Beauty and have created an Affiliate account, you may use ANY of the imagery provided to you from your shoot with us, provided it is accompanied by your affiliate link. YOU MAY NOT, however, post an ENTIRE series of images or a full video without prior consent from Black Label Magazine. Failure to comply will result in immediate termination of your Affiliate account, forfeiture of any pending payouts, and a nice spot on our blacklist.
Please ensure you provide accurate contact information. We will be getting in touch at various stages, like when a hot new video is about to drop, when banners are updated, and especially if there are sales or other promotions going on that will sweeten the pot for your fans & potential customers.
Always remember that I have an open inbox policy. Email me any time: firstname.lastname@example.org
These Terms and Conditions (the “Affiliate Agreement”) govern the Affiliate Program that is made available by Black Label Magazine (“blacklabelmag.com”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Website.com and the individual or entity who participates in the Affiliate Program (the “Affiliate”, or “you”).
Please read this agreement careful as it represents a legally binding agreement between you and Black Label Magazine. By creating an affiliate account and by your use of the Affiliate Program, you agree to comply with all of the terms and conditions set out in this Affiliate Agreement. Black Label Magazine may terminate your Affiliate Account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Black Label Magazine believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
- Referral Tracking
Black Label Magazine will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to blacklabelmag.com. Black Label Magazine will track users who have visited these Referral Links using cookies which expire after 30 days. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Website.com is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
- Affiliate Fees and Payouts
A referral will become eligible for payout (“Eligible Referral”) at the end of the next calendar month if it meets all of these criteria:
The referral makes a purchase of a VIP Membership subscription with a term that is one month or longer and has been paid in full
The referral’s account remains active and in good standing.
The referral’s account has not had any of its payments refunded, charged back or otherwise reversed.
All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default blacklabelmag.com error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
Links to additional products and services offered by blacklabelmag.com.
Advertisements for products and services offered by third-parties.
An internet search engine interface.
Failure to meet any of these criteria will permanently void the referral and disqualify the referral from any potential payouts.
The Affiliate is entitled to receive a 50% commission on initial VIP Membership subscriptions, and 40% commission on each rebill for each active Eligible Referral that is recorded in the Affiliate Dashboard (“Affiliate Fee”). Affiliate Fees will be payable only when the Affiliate has met the minimum payout threshold of $25.00. Payouts are made within 48 hours of the 15th of each month.
All Affiliate Fee payments will be payable in United States Dollars only, except as otherwise determined by Black Label Magazine in its sole discretion. Payment will be made through PayPal against valid reporting in the Affiliate Dashboard.
Referrals will become void after 12 calendar months.
In the event of any activity deemed suspicious by Black Label Magazine, we may delay the payment of Affiliate Fees by up to 6 calendar months to verify the relevant transactions. Black Label Magazine reserves the right to recalculate, void, or disqualify any referrals or Affiliate Fees in the event of any fraudulent, deceptive or otherwise illegal activity.
Referrals for purchases made through the Black Label Magazine Store, or other non-VIP Membership offerings are not eligible for Affiliate Commissions.
Black Label Magazine grants the Affiliate a non-exclusive, non-transferable, limited license to use the Black Label Magazine logos, content, banners, imagery, and video for the sole purpose of promoting our service within the context of the Affiliate Program. This license will expire upon termination of the Affiliate’s participation in the Affiliate Program.
The Affiliate may only display advertisements that contain Black Label Magazine logos, service marks, or content in good taste. The Affiliate may not use Black Label Magazine’s logos, service marks, or content in a manner that, in Black Label Magazine’s sole discretion, portrays Black Label Magazine in negative light.
The Affiliate will be solely responsible for its own marketing activities. All marketing activities must be professional and in full compliance with all applicable laws.
Black Label Magazine may, without prior notice, require the Affiliate to remove or modify any advertisements at Black Label Magazine’s sole discretion.
The Affiliate may terminate the Affiliate’s participation in the Affiliate Program with immediate effect by giving the other party a written notice of termination.
Black Label Magazine reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that is in material breach of this Affiliate Agreement or for conduct that Black Label Magazine, in its sole discretion, deems to be harmful to its business or any third party.
Upon termination, the Affiliate will lose access to its Affiliate Dashboard and will forfeit all potential or unpaid Affiliate Fees.
- Relationship of Parties
Black Label Magazine and the Affiliate are independent contractors. Nothing in this Affiliate Agreement will create any partnership, employment, representative, agency, or joint venture relationship between the parties. The Affiliate has no authority to act on Black Label Magazine’s behalf.
- Limitation of Liability
The Affiliate Program is provided on an “as is” and “as available” basis and the use of the Affiliate Program is at the Affiliate’s own risk. Black Label Magazine makes no representations or warranties, either expressed or implied, with respect to the Affiliate Program, or any service or information provided through the Affiliate Program.
Black Label Magazine is not responsible for any damages, injury or economic loss arising from the use of Affiliate Program. Should any part of the Affiliate Program cause damage or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes responsibility and the entire cost for them.
The Affiliate will indemnify and hold harmless Black Label Magazine, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate’s or any third party’s operations or use of the Affiliate Program.
Black Label Magazine may, in its sole discretion, change or modify this Affiliate Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Affiliates upon posting of the modified Affiliate Agreement to this web address: https://blacklabelmag.com. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program remains in compliance with this Affiliate Agreement.
If any modification is unacceptable to the Affiliate, its sole recourse shall be to terminate this Affiliate Agreement. The Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance of such modifications.
The Affiliate warrants and represents that it is over the age of 18 and is qualified to enter into this Affiliate Agreement.
The Affiliate warrants and represents that its actions and its participation in the Affiliate Program is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times. Black Label Magazine reserves the right to terminate the Affiliate’s participation in the Affiliate Program if Black Label Magazine determines, in its sole discretion, that the Affiliate’s actions or its participation in the Affiliate Program is in violation of any laws, rules, regulations, or any requirements of governmental authority.
This Affiliate Agreement constitutes the entire understanding between Black Label Magazine and the Affiliate. This Affiliate Agreement supersedes any other contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations that are not embodied in this Agreement.
Any dispute arising in relation to this Affiliate Agreement shall be exclusively resolved in the Courts of the United States of America.