By starting or continuing to use the Service, you agree to abide by the terms and condition of this agreement. In this Agreement, "we" and "us" refer to BlackDog.

1. General Rules
   1. None of the Services provided by BlackDog can be resold to other customers without the explicit agreement by the BlackDog Foundry.
   2. By registering for, paying for or using the Service, you agree to be bound by all of the terms and conditions of this Agreement.
2. Fees and Payments
   1. Users of the free service are required to fill out the developer profile requested before they are eligible for the free service.
   2. BlackDog charges fees for access to portions of the Service or the Service as a whole. You agree to pay those fees when you start using the Service. All fees are posted on our web site (www.blackdogfoundry.com).
   3. All prices displayed and products and services offered to be supplied by BlackDog or any third party merchant or service provider are subject to change without notice. All changes will be posted to our web site (www.blackdogfoundry.com).
   4. You shall pay all fees and charges, including, but not limited to charges for any products or services offered for sale through the Service, including, but not limited to, BlackDog products and services or any third-party merchant or service provider.
   5. All fees and charges shall be billed to you, or taken out from your prepaid account with BlackDog.
   6. You expressly agree that BlackDog shall not for any reason whatsoever be liable to refund the full amount or any part of fees, charges and taxes paid by you.
   7. Disconnection to the Service will occur in the event that your authorized payment method is refused or dishonoured by your nominated financial institution.
   8. You will be emailed with an invoice after you have paid for the Service. Any additional invoices will be provided at your written request at additional costs to you.
   9. The price is the same for users in and outside Australia. However, if you use the services in Australia, we will not charge additional Australian GST and the price will include Australian GST. For example, AUD1.10 is paid by both Australians and non-Australians. For Australians AUD0.10 goes to the government as GST and AUD1.00 goes to BlackDog but for non-Australians the full AUD1.10 goes to BlackDog.
   10. Users can cancel the Service at any time, but there will be no refunds.
3. Support
   1. Support is provided on a best-effort basis via email.  While no guarantee is provided, turnaround time for email support is expected to be within 24 hours.
4. Representation, Relief and Indemnity
   1. You represent, warrant and covenant that no material of any kind submitted through your account will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous, defamatory discriminatory or any material which is unlawful or which may hurt or affect any person, community, group, race or religion.
   2. You acknowledge and agree that if you infringe the copyrights of the Content, BlackDog and their information providers, licensors and Licensees would suffer irreparable damages, and you irrevocably consent to remedy such damages and to enforce such rights by seeking reliefs in the form of injunction or otherwise.
   3. You hereby agree to indemnify, defend and hold harmless BlackDog, and all of their respective officers, directors, owners, employees, representatives, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liabilities and costs, including, without limitation, full legal fees on a indemnity basis, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of the provisions, representations, warranties and covenants contained in this Agreement. You shall cooperate as fully as reasonably required in the defence of any such claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you and we shall be entitled to be reimbursed by you for the full costs incurred by us in such defence.
5. Disclaimer of Warranties
   1. We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, interruptions, loss of data and inaccuracies in the Service, or information provided by the Service or other materials available through the Service.
   2. We are not responsible for the availability, quality, content or services of third-party providers, online merchants or advertisers that may be linked to or posted within the Service.
   3. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to the service or any information or goods that are available or advertised or sold by third parties through the Service.
   4. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement, software, data or other material or database displayed, uploaded or distributed in the Service or available through links in the Service. We reserve the right to correct any errors or omissions in the Service.
   5. Although we intend to take reasonable steps to prevent the production of viruses, hacks, “trojan horses” or other destructive materials to the Service, we do not guarantee or warrant that the Service or materials that may be downloaded from the Service does not contain such destructive features. We are not liable for any damages or harm attributable to such features.
   6. BlackDog shall not be responsible for the security, backup or storage of your data. If you rely on the Service and any materials available through the Service and any materials available through the Service, you do solely at your own risk.
6. Limitations of Liability
   1. In no event BlackDog and their respective officers, directors, shareholders, employees, representatives, suppliers, subsidiaries, affiliates, agents, or licensors be liable for any loss or damage (whether in negligence, breach of contract, misrepresentation or for any other reason) arising from loss of profit or business or goodwill or anticipated savings, loss of contracts or customers or any direct or indirect punitive, consequential, or incidental loss or damage arising from loss of data, viruses obtained or alleged to have been obtained from the service, the use of the services, or error, omission or inaccuracies in the service in connection with the use or performance of software, provision of or failure to provide services, your access or inability to access the services, or your use and reliance on any advice or information available on these services.
   2. In the event that the liability cannot be excluded, BlackDog’s liability shall, to the extent permitted by law, be limited to the amount you paid, if any for the use of the service.
7. Access and Availability of Service and Links
   1. The Service to you shall be subject to any limitations listed on our websites (e.g. in the price lists or other specifications).
   2. Unless specifically mentioned in writing, BlackDog reserves the right to, at its discretion, provide, modify, suspend or terminate the Service (or any part of it) for any duration and in any manner without notice to you and shall not be liable to you for any period of unavailability or limited availability of the Service or any products or services provided by third party merchants or service providers through the Service.
8. Termination
   1. If, in BlackDog's opinion, you breach any of terms and conditions of this Agreement, we may without notice suspend, terminate or limit your access to the Service and terminate this Agreement effective immediately. The termination of the Service shall not preclude BlackDog from exercising any other rights BlackDog may have against you under this Agreement.
   2. BlackDog reserves the right to terminate any account we believe is being used to commit fraud or a criminal offence, without making further investigation.
   3. Different parts of the Service have their own conditions of termination. If the termination conditions and requirements are not explicitly stated in writing in respect of any part of the Service then the following will apply to all services to the extent that contrary provisions do not apply to such part of the Service.
   4. This Agreement may be terminated by either party for any reason at any time by giving notice. You may give notice to terminate your account by sending an email to the Customer Service Department. BlackDog may give notice by sending email to the email address you have supplied to us. It is your duty to check your email box for any such notices at least once a week.
   5. You are responsible for all charges incurred, if any, up to the time of termination (deactivation) of your account by BlackDog. The time of termination, that is initiated by us is the time the email of termination notice was sent by us and that is initiated by you is the time we acknowledge the receipt of your email of termination notice or, if applicable the time the receipt of your termination notice was confirmed by us.
   6. Your account will be terminated if there is no activity during a continuous 90 day period. BlackDog may send a warning of possible termination as a courtesy and does NOT warrant NOR guarantee that the notice will be sent or reach the user.
   7. Any data associated with a terminated account may or may not be deleted. There is no guarantee about the availability, non-availability or integrity of any data associated with your terminated account. It is up to you to protect your own data at all times.
   8. All accrued Liabilities and obligations under the Agreement shall survive the termination of the Service or this Agreement.
9. Changes
   1. BlackDog operates in a very dynamic environment and depends on a large number of third-party organisations and networks around the world. While BlackDog will try to give notice to you on any changes, BlackDog reserves the right to adjust prices, make changes or impose limits on the Service (and any related features) or restrict your access to parts or all of the Service without notice or liability.
   2. BlackDog reserves the right to modify the terms of this agreement or any features of the Service at any time. Such modification shall be effective immediately upon posting of the modified agreement or changed feature of the Service on the www.blackdogfoundry.com web site. In some cases, we may send notifications to you at the email address given by you to us.
   3. You agree to review this Agreement and information related to the Service on the www.blackdogfoundry.com website periodically to ensure that you are aware of any modifications. Your continued access or use of the Service shall be deemed your conclusive acceptance of the modified agreement or Service.
10. General Matters
    1. You represent that you have read and agree to be bound by this Agreement and our Privacy Policy.
    2. This agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.
    3. If any part of this Agreement is invalid or unenforceable, it will be struck out and the remaining parts will remain in force.
    4. If we do not act in relation to a breach by you of any of the provisions of this Agreement, this does not waive our right to act in the future nor does it waive our right to act with respect to subsequent or similar breaches.
    5. This Agreement constitutes the full understanding between the parties regarding the provision of the Service and supersedes all previous representations, statements or agreements.