Black Is (“Black Is,” “we” or “our”) provides the Black Is web site (“Web Site”) to you subject to the provisions of this User Agreement (“Agreement”). By accessing the Web Site, you accept and agree to be bound by this Agreement and each of its provisions. If you do not agree with any of these terms and conditions, you are prohibited from using or accessing the Web Site.
Black Is may modify this Agreement, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Web Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. If you do not agree to the modified terms, you should discontinue your use of the Web Site.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Web Site, please contact us.
We grant you a limited license and permission to access and make personal use of the Web Site but not to download any portion of it for any commercial purpose or to modify any portion of it, except with our written or e-mailed consent. This license does not include any resale or commercial use of the Web Site or its content; any collection or use of the editorial content or the content submitted by either our members or our other visitors; any derivative use of the Web Site or its content; or any use of data mining, robots or similar data gathering or extraction tools or processes; and you agree not to do any of the foregoing. Except as explicitly provided in this Agreement, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Web Site for any commercial purpose. You may display and occasionally print a single copy of pages of the Web Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Web Site without our prior written or e-mailed consent.
This license shall automatically terminate if you violate any of these restrictions and may be terminated at any time. Upon termination of this license, you must destroy any material from the Web Site in your possession whether in electronic or printed format.
Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEB SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Third Party Content
The Web Site may display some content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Web Site, are those of the respective author(s) or distributor(s). This content is the sole responsibility of the entity that makes it available. Neither Black Is nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
You agree, represent, warrant, and guarantee that all registration information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up a User Account on the Web Site. If any of your registration information changes, you must update it promptly by using the mechanism or contact information on the Web Site that allows you to change or update your registration information, if available. If no such mechanism or contact information is available on the Web Site, please contact us. Black Is shall have no liability associated with or arising from your failure to maintain accurate, complete or up-to-date registration information, including without limitation your failure to receive critical information. Black Is shall not be responsible for verifying your registration information.
We reserve the right at any time, with or without notice, to remove or require a change to or repossess any User Account, username or password that has been provided to you, any avatar you may be using or other registration information, or otherwise change the access means or methods for portions of the Web Site, the Web Site as a whole, or certain products and/or services.
You will be solely responsible for maintaining the confidentiality of your User Account registration information. You may not authorize or permit anyone else to access and/or use your User Account, or access, visit and/or use the Web Site by use of your User Account. You may not access and/or use anyone else’s User Account, or access, visit and/or use the Web Site by use of anyone else’s User Account. You may not sub-license, transfer, sell, rent or assign your User Account registration information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
You are solely responsible for all access or visitation to, usage of, or activity on, your User Account including, but not limited to, use of the User Account by any person who uses your registration information, with or without authorization, or who has access to any computer, mobile or other device on which your User Account resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for additional merchandise, products and/or services, including without limitation content, that are initiated by use of your User Account.
If you have reason to believe that your User Account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your registration information), you must immediately change the affected registration information by using the mechanism or contact information on the Web Site, if available, and/or close the User Account. If no such mechanism or contact information is available on the Web Site, please immediately contact us.
You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Web Site and all charges related to the same.
The Web Site is not intended for use by children, especially those under age 13. No one under age 13 is allowed to register for a User Account or provide any personally identifiable information or use of the Web Site. Minors between the ages of 13 and 17, inclusive, must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on the Web Site.
Any comments, posts, feedback, notes, messages, images, audio, materials, ideas, suggestions or other communications you submit on or through the Web Site (collectively “User Content”) are not private. You agree that, by submitting User Content to us, you are granting to us a non-exclusive, irrevocable, royalty-free, worldwide, perpetual and fully assignable and sublicensable right to use, copy, modify, adapt, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media (including for advertising or other commercial use), software or technology of any kind now existing or developed in the future. These rights apply to your name, other personal information, photo, likeness and voice, if included in that User Content. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your User Content. If we publish your User Content or authorize or license others to do so, your User Content may be edited for length or clarity or for any other reason either before or after it is published.
Although Black Is has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Web Site, we reserve the right to review all User Content and to remove, or to refuse to display, any User Content in our sole discretion and for any reason. However, we also reserve the right in our sole discretion to display any User Content that is submitted to us (or to decline to remove any User Content), even if it violates this Agreement.
You agree that you will not use or reproduce any User Content (other than your own) in any manner or in any media, including posting or republishing any such User Content on any other web site.
You are solely responsible for your use of the Web Site and you use it at your own risk. By submitting User Content on or through the Web Site, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate on the Web Site, and fulfill the obligations set forth in this Agreement, which forms a binding contract between you and Black Is.
Advertisements and Promotions
Black Is may run advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not 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 third-party advertisers on the Web Site.
We welcome links to the Web Site. You are usually free to establish a hypertext link to content on the Web Site so long as the link does not state or imply any sponsorship or endorsement of your site by Black Is. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Web Site.
You agree not to use the Web Site to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
No Spamming or Spimming
From time to time, users post their information in public posting areas. You may not gather content or other material from the Web Site for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
Changes to Site
Black Is may change or discontinue any aspect, service or feature of the Web Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
You agree that you will be responsible for any damages resulting from any violation of this Agreement. You further agree to indemnify and hold Black Is, its affiliates, officers, directors, agents and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or any violation of any law or the rights of any third party that occurs in connection with your use of the Web Site.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You agree that, unless expressly waived by us or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Web Site shall be in the state or federal courts located in the County of Los Angeles, State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You also agree that in the event of any action to enforce or interpret this Agreement, the prevailing party shall be entitled to collect its reasonable attorney fees.
If any of provision of this Agreement shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of this Agreement.
Last modified: January 27, 2012