Welcome!
We want BlackAmericaWeb.com to be an exciting, interactive
website and in so doing we have adopted the following Terms of Service,
which apply to everyone accessing and using BlackAmericaWeb.com.
BlackAmericaWeb.com reserves the right to revise these Terms of Service
without advance notice. We will always have a current version of these
Terms of Service posted on the site.
We strongly encourage you to read these Terms of Service carefully before
accessing or using BlackAmericaWeb.com. Your use of or access to BlackAmericaWeb.com
constitutes an agreement to abide by the Terms of Service then in effect.
BlackAmericaWeb.com is owned and operated by BlackAmericaWeb.com,
Inc. Whenever we refer to "BlackAmericaWeb.com" in these
Terms of Service, we are including BlackAmericaWeb.com, Inc., its parent
company,
and its subsidiaries and other affiliates.
Any questions regarding the specific terms of these Terms of Service
should be directed to contactus@BlackAmericaWeb.com.
Interactive Services.
The information, advice (such as legal and financial advice), ideas
and opinions appearing on BlackAmericaWeb.com do not necessarily reflect
the views of BlackAmericaWeb.com. BlackAmericaWeb.com does not assume
responsibility or accept liability for the content, accuracy, truthfulness
or reliability of information, advice, ideas and opinions appearing on
BlackAmericaWeb.com, or for any claims, damages or losses resulting from
the dissemination or use of any information, advice, ideas and opinions
appearing on BlackAmericaWeb.com.
Unless explicitly stated otherwise, any new features
that augment or enhance the current Terms of Service shall be part
of this Agreement.
You understand and agree that the Terms of Service is provided "AS-IS" and
that BlackAmericaWeb.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications, personal
web pages or personalization settings.
In order to use the Terms of Service, you must obtain access to the
World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In addition,
you must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
You specifically agree that BlackAmericaWeb.com is not responsible for
unauthorized access to or alteration of your transmissions or data, any
material or data sent or received or not sent or received, or any transactions
entered into through the Terms of Service. You specifically agree that
BlackAmericaWeb.com is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of any other
party or any infringement of another's rights, including intellectual
property rights. You specifically agree that BlackAmericaWeb.com is not
responsible for any content sent using and/or included in the Terms of
Service by any third party. Although we are not required to monitor or
edit the interactive portions of BlackAmericaWeb.com, we reserve the
right to do so and to delete any content provided by a user. BlackAmericaWeb.com
is not responsible for any failure or delay in removing inaccurate or
harmful content.
BlackAmericaWeb.com expects you to respect the rights and dignity of
others. Accordingly, you may not:
- Harass, intimidate or threaten another user;
- Victimize,
degrade or intimidate an individual or group on the basis of race,
ethnicity, gender, sexual orientation, religion, age or disability;
- Interfere with another user's rights to privacy (including by harvesting
or collecting information about BlackAmericaWeb.com users);
- Distribute junk or bulk e-mail, chain letter, surveys, contests, lotteries,
or any other form of unauthorized solicitation;
- Post to BlackAmericaWeb.com any material that is defamatory, fraudulent,
tortuous, obscene or indecent;
- Post to BlackAmericaWeb.com any trademarks, logs, trade secrets, or
copyrighted material that you aren't authorized to post;
- Post to BlackAmericaWeb.com any virus, worm, Trojan Horse, or any other
computer code, file, or program that may or is intended to damage the
operation of any hardware, software, or telecommunications equipment;
- Advertise or offer to sell or buy any goods or services for any non-personal
purpose without the approval of BlackAmericaWeb.com;
- Impersonate any person or entity, including, but not limited to, a BlackAmericaWeb.com
official, forum leader guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity; or forge headers or otherwise
manipulate identifiers in order to disguise the origin of any transmissions
through the Terms of Service.
You grant BlackAmericaWeb.com a nonexclusive, royalty-free, worldwide,
perpetual and irrevocable license to use, reproduce, display, adapt,
modify, distribute, promote, and publish any materials that you post
to BlackAmericaWeb.com in any manner, place or media at BlackAmericaWeb.com's
sole discretion, and without any obligation to compensate you or anyone
else.
BlackAmericaWeb.com is a general interest site not intended for children
under 13 years of age. Persons under 13 years of age are not permitted
to register for any BlackAmericaWeb.com service.
Trademarks.
BlackAmericaWeb.com and all marks, titles, logos, characters, and names
that we display on BlackAmericaWeb.com are, to the extent applicable,
trademarks that are used with permission.
Copyrights.
All content on BlackAmericaWeb.com is protected under copyright law
(although BlackAmericaWeb.com makes no representations or warranties
nor accepts any liability for the content created, reproduced, published
or posted by end users in personal web pages). You may download one copy
of the content of BlackAmericaWeb.com to any single computer for your
personal, non-commercial home use only, provided that you keep intact
all copyright and other proprietary notices. You may not otherwise license,
sell, modify, copy, publish, distribute or display any of the BlackAmericaWeb.com
content.
In the event you have a claim of copyright infringement with respect
to material that is contained on BlackAmericaWeb.com, please follow the
procedures below:
Written notification must be submitted to the following Designated Agent:
Service Provider(s): BlackAmericaWeb.com Name of Agent Designated to
Receive Notification of Claimed Infringement: General Counsel Full Address
of Designated Agent to Which Notification Should be Sent:
Royce West
Robinson
West & Gooden, P.C.
400 S. Zang Bouvelard Ste. 600
Dallas, Texas 75208
Telephone Number of Designated Agent: (214) 941-1881
Facsimile Number of Designated Agent: (214) 941-1399
Email Address of Designated Agent: royce.w@robinson-westandgooden.com
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site;
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to
contact the Complaining Party, such as an address, telephone number,
and if available, an electronic mail address at which the complaining
party may be contacted;
A statement that the Complaining Party has a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and
under penalty of perjury, that the Complaining Party is authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information
as outlined in 1 through 6 above:
Service Provider shall remove or disable access to the material that
is alleged to be infringing;
Service
Provider shall forward the written notification to such alleged infringer
("Subscriber");
Service Provider shall take reasonable steps to promptly notify the
Subscriber that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication
provided to the Service Provider's Designated Agent that includes substantially
the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before
it was removed or access to it was disabled;
A statement under penalty of perjury that the Subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled;
The Subscriber's name, address, and telephone number, and a statement
that the Subscriber consents to the jurisdiction of the Federal District
Court in the Northern District of Texas (Dallas Division) and that the
Subscriber will accept service of process from the person who provided
notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as
outlined in 1 through 4 above:
Service Provider shall promptly provide the Complaining Party with a
copy of the Counter Notification; Service Provider shall inform the Complaining
Party that it will replace the removed material or cease disabling access
to it within ten (10) business days; Service Provider shall replace the
removed material or cease disabling access to the material within ten
(10) to fourteen (14) business days following receipt of the Counter
Notification, provided Service Provider's Designated Agent has not received
notice from the Complaining Party that an action has been filed seeking
a court order to restrain Subscriber from engaging in infringing activity
relating to the material on Service Provider's network or system termination.
BlackAmericaWeb.com may, in its sole discretion, terminate your right
to use BlackAmericaWeb.com at any time, and without notice, for any reason,
including your violation of any of these Terms of Service or any other
policy that BlackAmericaWeb.com posts. BlackAmericaWeb.com also reserves
the right to modify or discontinue any services it provides, or any portion
thereof, without notice to you and without liability to you. BlackAmericaWeb.com
may immediately terminate any account that it believes, in its sole discretion,
is transmitting or is otherwise connected with any spam or other unsolicited
bulk e-mail. In addition, because damages are often difficult to quantify,
if actual damages cannot be reasonably calculated, you agree to pay BlackAmericaWeb.com
liquidated damages of $5.00 for each piece of spam or unsolicited bulk
e-mail transmitted from or otherwise connected with your account. Otherwise,
you agree to pay BlackAmericaWeb.com's actual damages, to the extent
such actual damages can be reasonably calculated.
International Use.
By choosing to access BlackAmericaWeb.com from any location other than
the United States, you accept full responsibility for compliance with
all local laws. You are also subject to United States export controls
and are responsible for any violations of United States embargoes or
other federal rules and regulations restricting exports.
Linking to Third-Party Sites.
BlackAmericaWeb.com may provide you with links to third-party Internet
sites.
You assume full responsibility when you choose to follow any links on
BlackAmericaWeb.com that lead to third-party sites. BlackAmericaWeb.com
takes no responsibility for the content of or for transactions involving
third-party sites to which it links. The inclusion of a link to a site
does not necessarily imply endorsement of the site by BlackAmericaWeb.com
or any association with its operators.
Account Maintenance.
You are responsible for maintaining the confidentiality of your account
information and passwords. If you become aware of any unauthorized use
of your account or account information, you should notify BlackAmericaWeb.com
immediately.
Governing Law.
These Terms of Service shall be governed by and interpreted in accordance
with the laws of Texas and the United States of America, without regard
to their principles of conflicts of law. Any action to enforce this Agreement
shall be brought in the federal or state courts located in Dallas, Texas.
Enforcement.
Any part of these Terms of Service that is found by a court of competent
jurisdiction to be invalid or unenforceable will be replaced with language
reflecting the original purpose in a valid and enforceable manner. The
enforceable sections of these Terms of Service will remain binding upon
the parties.
Customer Agreement.
All materials contained in this site are the copyrighted property of
BlackAmericaWeb.com. BlackAmericaWeb.com and all titles, characters,
names and graphics are trademarks of BlackAmericaWeb.com. To reproduce,
republish, upload, post, transmit, distribute or publicly display material
from this website, you will need written permission from BlackAmericaWeb.com.
Users may view and download material from this site only for personal,
non-commercial home use.
BlackAmericaWeb.com makes no representation that materials in the site
are appropriate or available for use outside of Dallas, Texas. Those
who choose to access this site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and
to the extent applicable. Users agree not to use the site for sale, trade
or other commercial purposes.
Users may not use language that is threatening, abusive, vulgar, discourteous
or criminal. Users also may not post or transmit information or materials
that would violate rights of any third party or which contains a virus
or other harmful component. BlackAmericaWeb.com reserves the right to
remove or edit messages or material submitted by users.
BlackAmericaWeb.com is not responsible for material submitted to BlackAmericaWeb.com
or posted in chat rooms or on bulletin boards by site users. By communicating
with BlackAmericaWeb.com, however, users grant BlackAmericaWeb.com permission
to use any information, suggestions, ideas, drawings or concepts communicated
for any purpose BlackAmericaWeb.com chooses, commercial, public or otherwise
without compensation whatsoever.
THE
MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLACKAMERICAWEB.COM DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. BLACKAMERICAWEB.COM
DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE
OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES.
Under no circumstances, including, but not limited to, negligence, will
BlackAmericaWeb.com be liable for special or consequential damages that
result from the use or inability to use the materials in this site. In
no event shall BlackAmericaWeb.com's liability to a user for any loss,
damage or claim exceed the amount paid by the user for accessing this
site. Under no circumstances shall BlackAmericaWeb.com be liable for
the injury, damage or expense arising from any materials contained in
any site linked to or from this site.
This agreement is effective until terminated by either party. You may
terminate this agreement at any time by discontinuing your use of the
BlackAmericaWeb.com site and destroying all materials obtained from it.
IMPORTANT.
YOUR
USE OF BLACKAMERICAWEB.COM, THE CONTENT ON BLACKAMERICAWEB.COM,
AND ANY GOODS OR SERVICES YOU ACQUIRE FROM BLACKAMERICAWEB.COM
ARE PROVIDED
TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED.
BLACKAMERICAWEB.COM DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLACKAMERICAWEB.COM
WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BLACKAMERICAWEB.COM
HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION,
BLACKAMERICAWEB.COM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING
FROM THE USE OF OR THE INABILITY TO USE BLACKAMERICAWEB.COM OR BLACKAMERICAWEB.COM
SERVICES, FROM GOODS ACQUIRED THROUGH BLACKAMERICAWEB.COM, OR FROM ANY
CONTENT POSTED ON BLACKAMERICAWEB.COM BY BLACKAMERICAWEB.COM OR ANYONE
ELSE.
BLACKAMERICAWEB.COM MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
OR
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Entire Agreement.
This Agreement constitutes the entire agreement between you and BlackAmericaWeb.com
with respect to your use of BlackAmericaWeb.com and supersedes all prior
or contemporaneous communications and proposals between you and BlackAmericaWeb.com.
