|
Blackworld
Blackworld is a networking
service that allows Members to create unique personal profiles online in order
to find and communicate with individuals, companies and organizations that are
involved with the legal culture in some way.
The Services offered by
Blackworld ("Blackworld" or "we") include the Blackworld
Website (the "Website"), and any other features, content, or applications
offered by Blackworld in connection with the Website (collectively, the "Services").
This Terms of Use Agreement
("Agreement") sets forth the legally binding terms for your use of
the Services. By using the Services, you agree to be bound by this Agreement,
whether you are a "Visitor" (meaning you simply browse the website)
or you are a "Member" (meaning that you have registered with Blackworld).
The term "User" refers to a Visitor or a Member. You are only authorized
to use the Services (regardless of whether your access or use is intended) if
you agree to abide by all applicable laws and to this Agreement. Please read
this Agreement carefully. If you do not agree with it, you should leave the
Website and discontinue use of the Services immediately. If you wish to become
a Member, communicate with other Members and make use of the Services, you must
read this Agreement and indicate your acceptance at the end of this document
before proceeding to the Registration process.
This Agreement includes
Blackworld's policy for acceptable use of the Services and Content posted on
the Website, your rights, obligations and restrictions regarding your use of
the Services and Blackworld's Privacy Policy. In order to participate in certain
Services, you may be notified that you are required to download software or
content and/or agree to additional terms and conditions. Unless otherwise provided
by the additional terms and conditions applicable to the Services in which you
choose to participate, those additional terms are hereby incorporated into this
Agreement. You may receive a copy of this Agreement by emailing us at: info@blackworld.com,
Subject: Terms of Use Agreement.
Blackworld may modify this
Agreement from time to time and such modification shall be effective upon posting
by Blackworld on the Website. You agree to be bound to any changes to this Agreement
when you use the Services after any such modification is posted. It is therefore
important that you review this Agreement regularly to ensure you are updated
as to any changes.
Please choose carefully
the information you post on Blackworld and that you provide to other Users.
Your Blackworld profile may not include the following items: and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable
subject matter. Despite this prohibition, information provided by other Blackworld
Members may contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and Blackworld assumes no responsibility or
liability for this material. If you become aware of misuse of the Services by
any person, please contact Blackworld.
Blackworld reserves the
right, in its sole discretion, to reject, refuse to post or remove any posting
by the user (“you”), or to restrict, suspend, or terminate your
access to all or any part of the Services at any time, for any or no reason,
with or without prior notice, and without liability.
1. Eligibility. Use of
and Membership in the Services is void where prohibited. By using the Services,
you represent and warrant that (a) all registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such information;
(c) you are 14 years of age or older; and (d) your use of the Services does
not violate any applicable law or regulation. Your profile may be deleted and
your Membership may be terminated without warning, if we believe that you are
under 14 years of age.
2. Term. This Agreement
shall remain in full force and effect while you use the Services or are a Member.
You may terminate your Membership at any time, for any reason, by following
the appropriate instructions. Blackworld may terminate your Membership at any
time, without warning. Even after Membership is terminated, this Agreement will
remain in effect.
3. Fees. You acknowledge
that Blackworld reserves the right to charge for the Services and to change
its fees from time to time in its discretion. If Blackworld terminates your
Membership because you have breached the Agreement, you shall not be entitled
to the refund of any unused portion of subscription fees.
4. Password. When you sign
up to become a Member, you will be asked to choose a password. You are responsible
for maintaining the confidentiality of your password. You agree not to use the
account, username, or password of another Member at any time or to disclose
your password to any third party. You agree to notify Blackworld immediately
if you suspect any unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
5. Non-commercial Use by
Members. The Services are for the personal use of Members only and may not be
used in connection with any commercial endeavors except those that are specifically
endorsed or approved by Blackworld. Illegal and/or unauthorized use of the Services,
including collecting ("harvesting") the usernames and/or email addresses
of Members by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be removed
from Member profiles without notice and may result in termination of Membership
privileges. Appropriate legal action will be taken for any illegal or unauthorized
use of the Services.
6. Proprietary Rights in
Content on Blackworld.
1. By displaying or publishing
("posting") any Content, messages, text, files, images, photos, video,
sounds, profiles, works of authorship, or any other materials (collectively,
"Content") on or through the Services, you hereby grant to Blackworld,
a non-exclusive, fully-paid and royalty-free, worldwide license (with the right
to sublicense through unlimited levels of sublicensees) to use, copy, modify,
adapt, translate, publicly perform, publicly display, store, reproduce, transmit,
and distribute such Content on and through the Services. This license will terminate
at the time you remove such Content from the Services. You represent and warrant
that: (i) you own the Content posted by you on or through the Services or otherwise
have the right to grant the license set forth in this section, and (ii) the
posting of your Content on or through the Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of
any person. You agree to pay for all royalties, fees, and any other monies owing
any person by reason of any Content posted by you to or through the Services.
2. The Services contain
Content of Blackworld (Blackworld content). Blackworld content is protected
by copyright, trademark, patent, trade secret and other laws, and Blackworld
owns and retains all rights in the Blackworld Content and the Services. Blackworld
hereby grants you a limited, revocable, nonsublicensable license to reproduce
and display the Blackworld Content (excluding any software code) solely for
your personal use in connection with viewing the Website and using the Services.
3. The Services contain
Content of Users and other Blackworld licensors. Except for Content posted by
you, you may not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through the Services.
7. Content Posted.
1. Blackworld holds the
right to delete any Content that in the sole judgment of Blackworld violates
this Agreement or which may be offensive, illegal or violate the rights, harm,
or threaten the safety of any person. Blackworld assumes no responsibility for
monitoring the Services for inappropriate Content or conduct. If at any time
Blackworld chooses, in its sole discretion, to monitor the Services, Blackworld
will also assume no responsibility for the Content, no obligation to modify
or remove any inappropriate Content, and no responsibility for the conduct of
the User submitting any such Content.
2. You are solely responsible
for the Content that you post on or through any of the Services, and any material
or information that you transmit to other Members. Blackworld has no control
over the Content. Content is not necessarily reviewed by Blackworld prior to
posting and does not necessarily reflect the opinions or policies of Blackworld.
Blackworld makes no warranties, express or implied, as to the Content or to
the accuracy and reliability of the Content or any material or information that
you transmit to other Members.
8. Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited
to post on or through the Services. Blackworld reserves the right to investigate
and take appropriate legal action against anyone who, in Blackworld's sole discretion,
violates this provision, including without limitation, removing the offending
content from the Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, in the sole
discretion of Blackworld:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual;
2. harasses or advocates
harassment of another person;
3. exploits people in a sexual or violent manner; including content that contains
nudity, violence, or offensive subject matter;
5. solicits personal information
from anyone under 18;
6. provides any telephone
numbers, street addresses, last names, URLs or email addresses;
7. promotes information
that you know is false or misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or
unauthorized copy of another person's copyrighted work, such as providing pirated
computer programs or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission
of "junk mail," "chain letters," or unsolicited mass mailing,
instant messaging, "spimming," or "spamming";
10. furthers or promotes
any criminal activity or enterprise or provides instructional information about
illegal activities, violating someone's privacy, or providing or creating computer
viruses;
12. solicits passwords or
personal identifying information for commercial or unlawful purposes from other
Users;
13. involves commercial
activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph
of another person that you have posted without that person's consent; or
15. for companies, media
groups, to use sexually suggestive imagery or any other unfair, misleading or
deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited
on the Website and through your use of the Services. Blackworld reserves the
right to investigate and take appropriate legal action against anyone who, in
Blackworld's sole discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities. Prohibited activity includes,
but is not limited to:
1. criminal or tortious
activity, including child pornography, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, stalking, spamming, spimming, sending of
viruses or other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
2. You may not transmit
any chain letters or junk email to other Members. It is also a violation of
these rules to use any information obtained from the Services in order to contact,
advertise to, solicit, or sell to any Member without the consent from Blackworld.
In order to protect our Members from such advertising or solicitation, Blackworld
reserves the right to restrict the number of emails which a Member may send
to other Members in any 24-hour period. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unsolicited communications
of any kind through the Services, you acknowledge that you will have caused
substantial harm to Blackworld, but that the amount of such harm would be extremely
difficult to assess. As a reasonable estimation of such harm, you agree to pay
Blackworld $500 for each such unsolicited email or other unsolicited communication
you send through the Services;
3. covering or blocking
the banner advertisements on your personal profile page, or any Blackworld page
via HTML/CSS or any other means;
4. any automated use of
the system, such as using scripts to increase the size of your personal network
of friends;
5. attempting to impersonate
another Member, person, group, company.
6. using the account, username,
or password of another Member at any time or disclosing your password to any
third party or permitting any third party to access your account;
7. using any information
obtained from the Services in order to harass, abuse, or harm another person;
or
8. using the Services in
a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You
may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without obtaining
the prior written consent of the owner of such proprietary rights. It is the
policy of Blackworld to terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of prompt notification
to Blackworld by the copyright owner or the copyright owner's legal agent.
10. Member Disputes. You are solely responsible for your interactions with other
Blackworld Members. Blackworld reserves the right, but has no obligation, to
monitor disputes between you and other Members.
11. Privacy. Use of the
Services is also governed by our Privacy Policy, which is incorporated into
this Agreement by this reference.
12. Disclaimers. Blackworld
is not responsible for any incorrect or inaccurate Content posted on the Website
or in connection with the Services provided, whether caused by Users of the
Services or by any of the equipment or programming associated with or utilized
in the Services. Profiles created and posted by Members on Blackworld may contain
links to other websites. Blackworld is not responsible for the Content, accuracy
or opinions expressed on such websites, and such websites are in no way investigated,
monitored or checked for accuracy or completeness by Blackworld. When you access
third-party sites, you do so at your own risk. Blackworld takes no responsibility
for third party advertisements which are posted on this Website or through the
Services, nor does it take any responsibility for the goods or services provided
by its advertisers. Blackworld is not responsible for the conduct, whether online
or offline, of any User of the Services. Blackworld assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any User or Member communication. Blackworld is
not responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment,
software, failure of any email or players due to technical problems or traffic
congestion on the Internet or on any of the Services or combination thereof,
including any injury or damage to Users or to any person's computer related
to or resulting from participation or downloading materials in connection with
the Services. Under no circumstances shall Blackworld be responsible for any
loss or damage, including personal injury or death, resulting from use of the
Services, attendance at a Blackworld event, from any Content posted on or through
the Services, or from the conduct of any Users of the Services, whether online
or offline. The Services are provided "AS-IS" and as available and
Blackworld expressly disclaims any warranty of fitness for a particular purpose
or non-infringement.
13. Limitation on Liability. IN NO EVENT SHALL BLACKWORLD BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF BLACKWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLACKWORLD’s
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BLACKWORLD
FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls.
Software available in connection with the Services (the "Software")
is further subject to United States export controls. No Software may be downloaded
from the Services or otherwise exported or re-exported in violation of U.S.
export laws. By downloading or using the Software, you represent and warrant
that such download or use is not in violation of any such law.
15. Disputes. If there is
any dispute about or involving the Services, you agree that the dispute shall
be governed by the laws of the State of Ohio, USA, without regard to conflict
of law provisions and you agree to personal jurisdiction by and venue in the
State courts of the State of Ohio and the City of Columbus. Either Blackworld
or you may demand that any dispute between Blackworld and you arising out of
this Agreement must be settled by arbitration utilizing the dispute resolution
procedures of the American Arbitration Association (AAA) in Los Angeles, California.
16. Indemnity. You agree
to indemnify and hold Blackworld, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of the Services in violation of
this Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above and/or if any Content
that you post on the Website or through the Services causes Blackworld to be
liable to another.
17. This Agreement is accepted
upon your use of the Website or any of the Services and is further affirmed
by you becoming a Member. This Agreement constitutes the entire agreement between
you and Blackworld regarding the use of the Services. The failure of Blackworld
to exercise or enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. Blackworld
is a trademark of Accept by Phone, Inc. This Agreement operates to the fullest
extent permissible by law. If any provision of this Agreement is unlawful, void
or unenforceable, that provision is deemed severable from this Agreement and
does not affect the validity and enforceability of any remaining provisions.
Please contact us at: info@blackworld.com with any questions regarding this
Agreement.
I HAVE READ THIS AGREEMENT
AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
|