These are the terms that govern your use of this website. Please read them carefully before using nearblack.com.
This website, nearblack.com, is operated by NearBlack Studio, an independent design practice. When these terms say "we," "us," or "our," they mean NearBlack Studio. When they say "you" or "your," they mean the individual accessing or using this website.
For any inquiries regarding these terms, contact us at hello@nearblack.com.
By accessing, browsing, or otherwise using this website, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms, you must discontinue use of the site immediately.
Our Privacy Policy, which is incorporated by reference into these terms, explains how we collect, use, and protect your personal information. Together, these terms and the Privacy Policy constitute the full agreement governing your use of this website.
We reserve the right to amend these terms at any time. Changes take effect immediately upon posting to this page. The "Last Updated" date at the top of this page reflects the most recent revision. Continued use of the site following any changes constitutes your acceptance of the revised terms.
We reserve the right to modify, update, redesign, or discontinue any part of this website at any time without prior notice. We are under no obligation to maintain any content in its current form.
This site is provided free of charge. We do not guarantee that the site will be available at all times or without interruption. We may suspend, restrict, or terminate access to all or part of the site for any reason, including maintenance, security concerns, or operational requirements, without liability to you.
We may assign or transfer our rights and obligations under these terms to a third party, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer your rights or obligations under these terms without our prior written consent.
All content on nearblack.com, including but not limited to text, designs, layouts, photography, logos, project screenshots, code, and case studies, is the property of NearBlack Studio or its licensors and is protected by applicable intellectual property laws. You are permitted to:
You are prohibited from:
For permission requests, contact hello@nearblack.com.
You may not use this website to train machine-learning models, large language models, or any generative AI system. You may not deploy automated scrapers, crawlers, or data extraction tools against this site for the purpose of building a competing service, dataset, or derivative work. NearBlack reserves all rights to its content and will pursue remedies for unauthorized use.
You agree not to:
You may link to any page on nearblack.com provided the link is presented fairly and does not imply endorsement or affiliation that has not been authorized. You may not frame this site within another website, and you may not link to this site from any page containing unlawful or objectionable content.
NearBlack, the NearBlack wordmark, and associated brand elements are trademarks of NearBlack Studio. You may reference the NearBlack name when referring to the studio. You may not adopt the name, or any confusingly similar variation, for your own business, product, or service.
By contacting us via email or the contact form, you grant us permission to read, respond to, and retain a copy of your correspondence. Do not submit confidential, privileged, or sensitive information through the contact form, as it is not a secure communication channel.
All content on this site, including pricing, case studies, and editorial commentary, is provided for informational purposes only and does not constitute professional, legal, or financial advice. Consult a qualified professional before making business decisions based on information found on this site.
This site may contain links to third-party websites. These links are provided for convenience only and do not constitute an endorsement. We are not responsible for the content, accuracy, or practices of any linked third-party site.
While we take reasonable measures to maintain the security of this site, we cannot guarantee that it will be free of viruses, malware, or other harmful components at all times. You are responsible for maintaining appropriate security measures on your own devices.
You must not introduce any viruses, trojans, malicious code, or other harmful material to this site. You must not attempt to exploit vulnerabilities or interfere with the operation of the site or its underlying infrastructure. To report a security vulnerability, contact hello@nearblack.com.
This site is intended for individuals who are at least eighteen (18) years of age and legally capable of entering into a binding agreement in their jurisdiction. If you do not meet this requirement, you must not use this site. We will not knowingly collect or retain information from individuals under the age of eighteen.
Any ideas, suggestions, feedback, design critiques, reference material, or other content you submit through this website (collectively, "Submissions") shall be deemed non-confidential and non-proprietary. By submitting such content, you grant NearBlack a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display those Submissions for any purpose, including improving our services and producing new work, without compensation or credit. You represent and warrant that you own or have the necessary rights to all content you submit.
THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEARBLACK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
We do not warrant that the site, its servers, or any communications sent from us are free of viruses or other harmful components. We do not warrant that the information presented on the site, including pricing, timelines, and case studies, is complete, current, or applicable to your situation. Your use of the site is at your sole risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEARBLACK, ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100.00) IN THE AGGREGATE.
Nothing in these terms excludes or limits any liability that cannot legally be excluded or limited, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for certain damages; in such jurisdictions, the limitations above shall apply to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless NearBlack and its owners, employees, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with: (a) your use of or access to the site; (b) your violation of these terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any Submission you provide. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that claim.
We respect the intellectual property rights of others. If you believe that material on this site infringes a copyright you own or control, please send a written notice to hello@nearblack.com that includes: (i) a physical or electronic signature of the copyright owner or authorized agent; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the material on our site that is claimed to be infringing, with sufficient detail to allow us to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner's behalf. We will respond to valid notices in accordance with the Digital Millennium Copyright Act.
These terms, and any dispute or claim arising out of or relating to them or your use of the site, are governed by the laws of the State of New Hampshire, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
You and NearBlack agree that any dispute, claim, or controversy arising out of or relating to these terms or the site shall first be addressed by good-faith negotiation between the parties. If the matter cannot be resolved within thirty (30) days, it shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the seat of arbitration in New Hampshire and proceedings conducted in English. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the state or federal courts located in New Hampshire to protect its intellectual property or confidential information, and both parties consent to the exclusive jurisdiction and venue of those courts for that purpose.
Class-action waiver. You and NearBlack each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and NearBlack each waive any right to a jury trial.
Any claim arising out of or relating to these terms or the site must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.
We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, power or internet outages, cyberattacks, pandemics, or the failure of third-party service providers.
If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision.
These terms, together with our Privacy Policy and any other legal notices published on the site, constitute the entire agreement between you and NearBlack regarding your use of nearblack.com, and supersede any prior agreements, communications, or understandings, whether written or oral, on that subject. Section headings are included for convenience only and have no legal effect.