ABSTRACT AND INTRODUCTION

Welcome to BWC Productions! By entering this Web Site and soliciting our Services, you, the user, hereby agrees to fully and unquestionably comply with this binding legal document. If you do not agree to comply with this document or any other legally binding pieces of documentation within jurisdiction of our Web Site and Organization, you are not entitled to receive our Services and are obligated to leave the premises of any entities having any association with the jurisdictional authority of our legal framework. We reserve the right to make modifications to this and all other legally binding documents without prior notification and discretion. These documents, (Terms of Service, Privacy Statement, etc.) include but do not limit the legal framework that presides over the operations of BWC Productions. Loopholes and abuses of our legal documentation, as these legal documents are not guaranteed to be all-inclusive, will be regarded as illegitimate exploitation of our documentation and will result in banishment from our Web Site and all related areas of jurisdiction. BWC Productions reserves the right to refuse service to anyone at its own jurisdiction without giving any supporting rationale or explanation. BWC Productions has the final say on all legal matters having to do with it, and the sole discretion to make any legal decision necessary pertaining to it.

DEFINITIONS

From this point forth, these interchangeable terms, defined and explained here, will be used in our legal documentation. Please note that BWC Productions reserves the right to reallocate terms used in this document. Terms pertaining to each individual subject include but may not be necessarily limited to the following, therefore it is mandated that common sense is used when reading this document. BWC Productions has the sole discretion on the final exact meaning of terms used in its legal documentation.
-BWC Productions will be represented by alternative terms including: “us,” “we,” “our,” “BWC Productions” (or any derivation thereof), “BWC,” “Black and white cow,” (or any derivation thereof), “Blackandwhitecow.net ” (or any derivation thereof), “黑白牛“, “Vaca Negra Y Blanca,” or “The company providing Services to you for cheap costs.”
-Your use of BWC Productions’ products, Services, and web sites, or anything we do for you, shall be referred to collectively as: “Services,” “Design,” or “Works”
-This document (the Terms of Service) shall we referred to by the following: “this document” (or any derivation thereof), “Terms,” “Terms of Service,” “Terms of Service,” or “Legal Crap.”
-All legal documentation presiding over BWC Productions will be referred to as “Legal Documentation.”
-You, the user, will be referred to by the following: “you,” “yourself,” “user,” “client,” “customer,” “valued customer,” or “thou.”

I. SECTION ONE: YOUR RELATIONSHIP WITH BWC PRODUCTIONS

1.1 By entering this Web Site and soliciting our Services, the user hereby agrees to fully and unquestionably comply with this binding legal document. If you do not agree to comply with this document or any other legally binding pieces of documentation within jurisdiction of our Web Site and Organization, you are not entitled to receive our Services and are obligated to leave the premises of any entities having any association with the jurisdictional authority of our legal framework.
1.2 Unless otherwise agreed in writing with BWC Productions, any agreement with BWC Productions will always include, at a minimum, the terms and conditions set out in this document. Any agreement with additional terms will still be under the framework of this document.
1.3 If there is any contradiction between additional terms and this document, BWC Productions will have the sole discretion of deciding the validity of the specific clause.

II. SECTION TWO: ACCEPTING THIS DOCUMENT AND AGREEMENTS

2.1 In order to solicit or use our Services, you are mandated to agree to all necessary legal documentation, including but not limited to this document.
2.2 You automatically accept the terms by either accessing our website and not leaving within ten seconds of making your first click on any one of our web pages, and by actually using our Services.
2.3 You may not use our Services and may not accept this document if (a) you are not of legal age to form a binding contract with BWC Productions, or (b) you are a person barred from receiving these Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 This document shall be in the English language version. Any legitimate translations provided by BWC Productions that have contradictions will be superseded by the English version, which is this exact version.

III. SECTION THREE: PROVISION OF SERVICES

3.1 BWC Productions has subsidiaries and affiliated legitimate entities working in conjunction with it (referred henceforth as “affiliates”). Sometimes these affiliates will be providing you with Services on behalf of BWC Productions itself. You acknowledge that these affiliates will be providing Services to you, and that you will obey the legal framework, including this document, of BWC Productions and any additional legal documentation of our affiliates.
3.2 You acknowledge the fact that since BWC Productions is continually growing and redacting our structure to provide for a better experience for you, there will be instances in which the form of our Services will change without prior notice. Additionally, you acknowledge and agree that BWC Productions may discontinue (temporarily or permanently) the provision of the Services or any part of the Services without prior notification to you, based on BWC Production’s sole discretion. You accept the fact that there may be loss on your part when Services are discontinued. You may stop using the Services at any time. You do not need to specifically inform BWC Productions when you stop using the Services. You acknowledge that any payment or monetary transactions between you and BWC Production will possibly be forfeited in this event.
3.3 You acknowledge and agree that if BWC Productions disables access to your Services, you may be prevented from accessing the Services, your Service details or any files or other content which pertain to your requested Services. You acknowledge that any payment or monetary transactions between you and BWC Production will be possibly forfeited in this event.
3.4 You acknowledge and agree that while BWC Productions may not currently have set a fixed upper limit on the number of Services provided, one may be implemented at any time by our sole discretion without prior notification.
3.5 You acknowledge and agree that BWC Productions has the right to refuse the provision of Services to you without prior notification and based on our sole discretion, without giving any reasons for doing so. You acknowledge that any payment or monetary transactions between you and BWC Production will be forfeited in this event.
3.6 You acknowledge that BWC Productions has the right to terminate Services, whether complete or incomplete, to you without prior notification and based on our sole discretion, without giving any reasons for doing so. You acknowledge that any payment or monetary transactions between you and BWC Production will be forfeited in this event.
3.7 You acknowledge that BWC Productions will have the final and sole say in all final decisions regarding Services issues.

IV. SECTION FOUR: YOUR USE OF SERVICES

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to BWC Productions will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) BWC Productions’ legal framework, including this document, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by BWC Productions, unless you have been specifically allowed to do so in a separate agreement with BWC Productions. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or external programs) and shall ensure that you comply with the instructions set out in any legally binding file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.4 Unless you have been specifically permitted to do so in a separate agreement with BWC Productions, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that BWC Productions has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BWC Productions may suffer) of any such breach.
4.5 You agree to comply to all copyright and additional legal documentation pertaining to all Services that you receive from BWC Productions.

V. SECTION FIVE: CONTENT IN SERVICES

5.1 You understand that all content (such as data files, written text, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole property of either BWC Productions or the person from which such content originated. All such information is henceforth referred to below as the “Content”.
5.2 You understand and agree that all externally produced Content is not the responsibility of BWC Productions, and agree to waive BWC Productions of any liability resulting from disputes with the aforesaid Content.
5.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk, and agree to waive BWC Productions of any liability regarding this Content.

VI. SECTION SIX: ENDING YOUR RELATIONSHIP WITH BWC PRODUCTIONS

6.1 The Terms will continue to apply until terminated by either you or BWC Productions as set
6.2 If you want to terminate a legal agreement with BWC Productions, you may do so by (a) notifying BWC Productions at any time and (b) closing your accounts or channels of communications for all of the Services which you use, where BWC Productions has made this option available to you. Your notice should be sent, via electronic mail or our web forms, clearly stating your intention in a reasonable format to BWC Productions.
6.3 BWC Productions may at any time, terminate its legal agreement with you if:
(a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) BWC Productions is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(c) the partner with whom BWC Productions offered the Services to you has terminated its relationship with BWC Productions or ceased to offer the Services to you; or
(d) BWC Productions is transitioning to no longer providing the Services to users; or
(e) the provision of the Services to you by BWC Productions is, in BWC Productions’ opinion, no longer commercially viable.
6.4 Nothing in this Section shall affect BWC Productions’ rights regarding provision of Services under Section III of the Terms.
6.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and BWC Productions have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall most probably be terminated based upon the sole discretion of BWC Productions.

VII. SECTION SEVEN: EXCLUSION OF WARRANTIES

7.1 Nothing in these terms, shall exclude or limit BWC Productions’ warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
7.2 you expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and “as available.”
7.3 in particular, BWC Productions, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
(a) your use of the Services will meet your requirements,
(b) your use of the Services will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(d) that defects in the operation or functionality of any Content provided to you as part of the Services will be corrected
7.4 Any material downloaded, transmitted, or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
7.5 no advice or information, whether oral or written, obtained by you from BWC Productions or through or from the Services shall create any warranty not expressly stated in the terms.
7.6 BWC Productions further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

VIII. SECTION EIGHT: LIMITATION OF LIABILITY

8.1 Subject to overall provision in paragraph 7.1 above, you expressly understand and agree that BWC Productions, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. This shall include, but not be limited to, any loss of monetary value or payment(whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes which BWC Productions may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
(iii) your failure to provide BWC Productions with accurate account or transaction information;
(iv) your failure to keep your password, transaction, or account details secure and confidential;
8.2 the limitations on BWC Productions’ liability to you in paragraph 8.1 above shall apply whether or not BWC Productions has been advised of or should have been aware of the possibility of any such losses arising.

IX. SECTION NINE: ADVERTISEMENTS

9.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
9.2 The manner, mode and extent of advertising by BWC Productions on the Services are subject to change without specific notice to you.
9.3 In consideration for BWC Productions granting you access to and use of the Services, you agree that BWC Productions may place such advertising on the Services.

X. SECTION TEN: MISCELLANEOUS LEGAL PROVISIONS

10.1 BWC Productions’ Content may include hyperlinks to other web sites or content or resources. BWC Productions may have no control over any web sites or resources which are provided by companies or persons other than BWC Productions.
10.2 You acknowledge and agree that BWC Productions is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that BWC Productions is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources.
10.4 The Terms constitute the whole legal agreement between you and BWC Productions and govern your use of the Services (but excluding any services which BWC Productions may provide to you under a separate written agreement), and completely replace any prior agreements between you and BWC Productions in relation to the Services.
10.5 You agree that BWC Productions may provide you with notices, including those regarding changes to the Terms, by electronic mail, or postings on the Services.
10.6 You agree that if BWC Productions does not exercise or enforce any legal right or remedy which is contained in the Terms (or which BWC Productions has the benefit of under any applicable law), this will not be taken to be a formal waiver of BWC Productions’s rights and that those rights or remedies will still be available to BWC Productions.
10.7 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. The Terms, and your relationship with BWC Productions under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and BWC Productions agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BWC Productions shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

XI. SECTION ELEVEN: CHANGES TO THE TERMS

19.1 BWC Productions may make changes to our Terms or Legal Documentation at any time whatsoever solely based on our discretion. You acknowledge we will possibly notify you of these changes through some means, but also acknowledge and agree that these notifications sometimes may not take place.
19.2 You understand and agree that if you use the Services after the date on which the Terms have changed, BWC Productions will treat your use as acceptance of Terms.