TERMS OF USE AGREEMENT
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the BlackBook27 Services (as hereinafter defined). All users are bound by this Agreement, including both members and visitors. You are only authorized to use the BlackBook27 Services if you agree to abide by all applicable laws and the terms of this Agreement. BlackBook27 may modify this Agreement from time to time, and such modification shall be effective upon posting by BlackBook27 on the BlackBook27 Website. Your continued use of the BlackBook27 Services after BlackBook27 posts a revised Agreement indicates your acceptance of the revised Agreement. Use of the BlackBook27 Services is also governed by our Privacy Policy, which is incorporated by reference into this Agreement.
1.BlackBook 27 Services. The services offered by BlackBook27 include any BlackBook27-branded URL (the "BlackBook27 Website"), the BlackBook27 instant messaging service, the BlackBook27 application developer service and other features (for example, music and video embedded players), BlackBook27 mobile services, and any other features, content, or applications offered from time to time by BlackBook27 in connection with BlackBook27’s business (collectively, the "BlackBook27 Services"). The BlackBook27 Services are hosted in the United States.
2.Membership Requirements. By using the BlackBook27 Services, you represent and warrant that:
(a) all registration information you submit is truthful and accurate, and you will maintain the accuracy of such information;
(b) you are 18 years of age or older;
(c) you are a current or former member of the United States armed forces, federal, state or local public safety agency, Department of Defense or a professionally affiliated organization..
(d) you have not previously been suspended or removed from BlackBook27;
(e) you are not a direct competitor of BlackBook27;
(f) you do not have more than one BlackBook27 account at any given time;
(g) you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
(h) your use of the BlackBook27 Services does not violate any applicable law or regulation.
Invited members of the entertainment and sporting industry will also be allowed access to promote their products and event dates as deemed appropriate by BlackBook27. Invited family members of BlackBook27 members will be allowed access to the site through a family membership portal and must comply with all site policies as well.
3. Fees. You acknowledge that BlackBook27 reserves the right to charge for any portion of the BlackBook27 Services and to change its fees (if any) from time to time in its discretion. If BlackBook27 terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4.Registration and Account Security. You agree as follows:
(a) You are responsible for maintaining the confidentiality of your password;
(b) You are solely responsible for any and all use of your account;
(c) You will notify BlackBook27 immediately if you suspect any unauthorized use of your account or access to your password;
(d) You will exit from your account at the end of each session;
(e) You will not provide any false personal information on BlackBook27, or create an account for anyone other than yourself without permission;
(f) You will keep your contact information accurate and up to date;
(g) You will not use the account, username, or password of another Member at any time or disclose your password to any third party or permit any third party to access your account;
(h) You will not transfer your account to anyone without first getting our written permission; and
(i) You will not use BlackBook27 if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
(j) You will not invite new individuals to the site who do not meet the membership requirements set forth in Section 2.
5.Use by Members. The BlackBook27 Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by BlackBook27. BlackBook27 reserves the right to remove commercial content in its sole discretion. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. BlackBook27 reserves the right to take appropriate legal action for any illegal or unauthorized use of the BlackBook27 Services.
6.Privacy. You should carefully read our full Privacy Policy before deciding to become a user of BlackBook27. Certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal potentially sensitive information, such as your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof.
7.Rights in IP Content.
(a) BlackBook27 does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on or through the BlackBook27 Services and that is proprietary under intellectual property law ("Your IP Content"), and you can control how we share Your IP Content through your privacy and application settings.
(b) Subject to your privacy and application settings, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, delete from, add to, publicly display, publicly perform, reproduce and distribute Your IP Content on or through the BlackBook27 Services ("IP License"). This IP License terminates when you delete Your IP Content or your account (except to the extent your content has been shared with others, and they have not deleted it). When you delete Your IP Content, removed content may persist in backup copies for a reasonable period of time but will not be available to others.
(c) You represent and warrant that: (i) you own Your IP Content or otherwise have the right to grant the IP License, and (ii) the posting of Your IP Content on or through the BlackBook27 Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any content posted by you on or through the BlackBook27 Services.
(d) The BlackBook27 Services contain content of BlackBook27 ("BlackBook27 Content"). BlackBook27 Content is protected by copyright, trademark, patent, trade secret and other laws, and BlackBook27 owns and retains all rights in the BlackBook27 Content and the BlackBook27 Services. BlackBook27 hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BlackBook27 Content (excluding any software code) solely for your personal use in connection with viewing the BlackBook27 Website and using the BlackBook27 Services.
(e) The BlackBook27 Services may contain content of BlackBook27 users and licensors that is proprietary under intellectual property law. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any such content appearing on or through the BlackBook27 Services.
8.Posted Content. You are solely responsible for the Content that you post on or through any of the BlackBook27 Services, and any material or information that you transmit to other Members and for your interactions with other Users. BlackBook27 may reject, refuse to post or delete any content for any or no reason, including content that in the sole judgment of BlackBook27 violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. BlackBook27 reserves the right to investigate and take appropriate legal action against anyone who, in BlackBook27's sole discretion, violates this provision, including without limitation, removing the offending Content from the BlackBook27 Services, terminating the Membership of such violators and/or reporting the violator to law enforcement authorities. Although this is not an exclusive list, prohibited content or activity includes content or activity that:
(a) Furthers or promotes any criminal activity or enterprise or provides instruction relating to illegal activities including violating someone's privacy, providing or creating computer viruses, and illegally making, buying, selling, exporting or transporting weapons or drugs;
(b) Harasses or advocates harassment of another person;
(c) Publicly posts information that poses or creates a privacy or security risk to any person;
(d) Constitutes or furthers 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;
(e) Constitutes or promotes information that is known to be false or misleading, or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) Contains nudity or offensive subject matter or contains a link to an adult website;
(g) Constitutes or facilitates the making of an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs, music or videos or links to them, or information on how to circumvent manufacturer-installed copy-protect devices;
(h) Transmits "junk mail," "chain letters," unsolicited mass mailing, instant messaging, "spamming" or any automated use of the system, including using
scripts to send comments or messages;
(i) Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(f)Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(j) Circumvents or modifies, attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the BlackBook27 Services;
(k) Involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(l) Impersonates or attempts to impersonate another member, user or other person or entity;
(m) Violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
(n) Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(o) Exploits people in a sexual or violent manner;
(p) Using the BlackBook27 Services in a manner inconsistent with this Agreement and any and all applicable laws and regulations.
9.Infringement Claims. BlackBook27 respects the intellectual property of others, and we ask our users to do the same. BlackBook27 may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BlackBook27's Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
BlackBook27's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: support@blackbook27.com
10.International Use and Export and Import Compliance. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Use of the BlackBook27 Services and transfer, posting and uploading of software, technology, and other technical data via the BlackBook27 Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the BlackBook27 Services to parties identified on such lists; (b) agree not to use the BlackBook27 Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c)agree not to transfer, upload, or post via the BlackBook27 Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws, including the Export Administration Regulations maintained by the U.S. Commerce Department and sanctions programs maintained by the U.S. Treasury Department's Office of Foreign Assets Control.
11.Mobile Services. Certain parts of the BlackBook27 Services may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the BlackBook27 Services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby agree to the foregoing. In the event you change or deactivate your mobile telephone number, you agree to promptly update your BlackBook27 account information so that your messages are not sent to whoever acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider, such as text messaging fees, and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using any downloadable application to enable your use of the Mobile Services, you are confirming your acceptance of the terms of the mobile End User License Agreement provided at download.
12.Forums; Blogs; Chat Rooms. BlackBook27 Services may include various forums, blogs and chat rooms where you can post your observations and comments on various topics. BlackBook27 does not guarantee that other members will not use or disseminate the ideas and information that you post. Accordingly, do not post any information that you consider confidential. BLACKBOOK27 [AND THE BLACKBOOK27 AFFILIATES] ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS OR CHAT ROOMS.
13.Classified Ads.Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. Click here for our Classified Ad Guidelines.
14.Financial Information. BlackBook27 Services may allow you to create or join any service, receive or request any news, messages, alerts or other information from the BlackBook27 Services concerning companies, stock quotes, investments or securities. The BlackBook27 Services are provided for informational purposes only, and no content included in the BlackBook27 Services is intended for trading or investing purposes. BlackBook27 and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the BlackBook27 Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
15.Third Party Web Sites and Applications. The BlackBook27 Website may include links to third party web sites (“Third Party Sites”). BlackBook27 is not responsible for and does not endorse any content, advertising, products or other materials on or available from such web sites. The BlackBook27 Website may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to navigate away from the BlackBook27 Website to the Third Party Sites or to use or install any Third Party Applic1ations, Software or Content, you do so at your own risk, and you should be aware that our terms of use and privacy and other policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site or relating to any applications you use or install from the site.
16.Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BlackBook27 Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BlackBook27 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the BlackBook27 Website.
17.Disclaimers.
(a) BlackBook27 is not responsible for and makes no warranties, express or implied, as to the user content or the accuracy and reliability of any user content posted on or through the BlackBook27 Services, whether caused by Users of the BlackBook27 Services, and no user content necessarily reflects the opinions or policies of BlackBook27. Under no circumstances shall BlackBook27 be responsible for any loss or damage, including personal injury or death, resulting from the conduct of any users of the BlackBook27 Services, whether online or offline.
(b) BlackBook27 is not responsible for the content, accuracy or opinions expressed on websites to which links are contained on the BlackBook27 Website. When you access these third party sites, you do so at your own risk. Such websites are not necessarily investigated, monitored or checked for accuracy or completeness by BlackBook27. Inclusion of any linked website on the BlackBook27 Services does not imply approval or endorsement of the linked website by BlackBook27.
(c) BlackBook27 is not responsible for third party advertisements or third party applications that are posted on or through the BlackBook27 Services, nor does it take any responsibility for the goods or services provided by its advertisers.
(d) BlackBook27 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. BlackBook27 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 BlackBook27 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 BlackBook27 Services.
(e) YOU USE BLACKBOOK27 SERVICES AT YOUR OWN RISK. WE ARE PROVIDING BLACKBOOK27 "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BLACKBOOK27 WILL BE SAFE OR SECURE. BLACKBOOK27 IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
18.Limitation on Liability. IN NO EVENT SHALL BLACKBOOK27 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 BLACKBOOK27 SERVICES, EVEN IF BLACKBOOK27 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLACKBOOK27'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 BLACKBOOK27 FOR THE BLACKBOOK27 SERVICES DURING THE PREVIOUS TWELVE MONTHS. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, BLACKBOOK27'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19.Disputes.
(a) The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and BlackBook27, shall be brought exclusively in the courts located in the county of Orange, California or the U.S. District Court for the Central District of California. You and BlackBook27 agree to submit to the exclusive jurisdiction of the courts located in Orange County, California or the U.S. District Court for the Central District of Californiaand agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
(b) In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the BlackBook27 Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the BlackBook27 Services or any content or other material used or displayed through the BlackBook27 Services.
(c) Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the BlackBook27 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(d) EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, CROSS-COMPLAINTS COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
20.Prior Notice. If you believe that you are entitled or required by applicable law to act contrary to this Agreement, before taking any such action, you must provide us with 30 days prior written notice specifying in detail the basis for such belief, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
21.Indemnity. You agree to indemnify and hold BlackBook27, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, relating to any third party claim, charges or investigations caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to BlackBook27, (c) any activity in which you engage on or through BlackBook27, or (d) your use of the BlackBook27 Services.
22.Miscellaneous.
(a) This Agreement is accepted upon your use of the BlackBook27 Website or any of the BlackBook27 Services.
(b) This Agreement constitutes the entire agreement between you and BlackBook27 and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter hereof or otherwise relating to the use of the BlackBook27 Services.
(c) The failure of BlackBook27 to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of any right or provision must be in writing and signed by us.
(d) We may notify you via postings on www.blackbook27.com, and via email or any other communications means to contact information you provide to us. You may notify us via email at support@blackbook27.com. Any notices that you provide without compliance with this section shall be ineffective.
(e) You may not transfer any of your rights or obligations under this Agreement without our prior express written consent, and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
(f) The various section captions in this Agreement are for convenience of reference only and shall not enter into the construction or interpretation of this Agreement.
(g) 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 with any questions regarding this Agreement, support@blackbook27.com
