Terms and Conditions
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.
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.
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.
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:
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
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.
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.
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.
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.
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.
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.
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.
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.
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.