BlackCityInfo.com Terms of Service |
ACCEPTANCE OF TERMS
BlackCityInfo.com welcomes you. BlackCityInfo.com provides the BlackCityInfo.com Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the BlackCityInfo.com Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular BlackCityInfo.com owned or operated services, you and BlackCityInfo.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF BLACKCITYINFO.COM SERVICES
BlackCityInfo.com provides users with access to a rich collection of resources, which may be accessed through any various medium or device now known or hereafter developed (the "BlackCityInfo.com Services"). You also understand and agree that the BlackCityInfo.com Services may include advertisements and that these advertisements are necessary for BlackCityInfo.com to provide the BlackCityInfo.com Services. Unless explicitly stated otherwise, any new features that augment or enhance the current BlackCityInfo.com Services, including the release of new BlackCityInfo.com properties, shall be subject to the TOS. You understand and agree that the BlackCityInfo.com Services is provided "AS-IS" and that BlackCityInfo.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the BlackCityInfo.com Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the BlackCityInfo.com Services.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE BLACKCITYINFO.COM SERVICES
BlackCityInfo.com does not claim ownership of Content you submit or make available for inclusion on the BlackCityInfo.com Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the BlackCityInfo.com Services, you grant BlackCityInfo.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
CONTRIBUTIONS TO BLACKCITYINFO.COM
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to BlackCityInfo.com through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BlackCityInfo.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BlackCityInfo.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) BlackCityInfo.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of BlackCityInfo.com without any obligation of BlackCityInfo.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from BlackCityInfo.com under any circumstances.
You agree to indemnify and hold BlackCityInfo.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the BlackCityInfo.com Services, your use of the BlackCityInfo.com Services, your connection to the BlackCityInfo.com Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF BLACKCITYINFO.COM SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the BlackCityInfo.com Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BlackCityInfo.com 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 BlackCityInfo.com 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 BlackCityInfo.com Services.
The BlackCityInfo.com Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that BlackCityInfo.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BlackCityInfo.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE BLACKCITYINFO.COM SERVICES ARE AT YOUR SOLE RISK. THE BLACKCITYINFO.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLACKCITYINFO.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BLACKCITYINFO.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE BLACKCITYINFO.COM SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE BLACKCITYINFO.COM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BLACKCITYINFO.COM SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BLACKCITYINFO.COM SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLACKCITYINFO.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLACKCITYINFO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE BLACKCITYINFO.COM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BLACKCITYINFO.COM SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE BLACKCITYINFO.COM SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR BLACKCITYINFO.COM SERVICES RELATING TO FINANCIAL MATTERS
The BlackCityInfo.com Services is provided for informational purposes only, and no Content included in the BlackCityInfo.com Services is intended for trading or investing purposes. BlackCityInfo.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the BlackCityInfo.com Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
BlackCityInfo.com respects the intellectual property of others, and we ask our users to do the same. 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 BlackCityInfo.com's Copyright Agent the following information:
BlackCityInfo.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
2000 Ascot Parkway #2813
Vallejo Ca. 94591
By phone: (707) 567-1640
By email: firstname.lastname@example.org
Entire Agreement. The TOS constitutes the entire agreement between you and BlackCityInfo.com and governs your use of the BlackCityInfo.com Services, superseding any prior version of this TOS between you and BlackCityInfo.com with respect to the BlackCityInfo.com Services.
Choice of Law and Forum. You and BlackCityInfo.com each agree that the TOS and the relationship between the parties shall be governed by 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 the TOS, or the relationship between you and BlackCityInfo.com, shall be brought exclusively in the courts located in the county of Solano, California or the U.S. District Court for the Northern District of California. You and BlackCityInfo.com agree to submit to the personal jurisdiction of the courts located within the county of Solano, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of BlackCityInfo.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the BlackCityInfo.com Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.
Last updated September 12, 2011