Terms of Use

TERMS AND CONDITIONS OF USE

Welcome to www.blackbookmag.com (the “Website").  The Website is owned and operated by BlackBook Media Corp. ("BlackBook").

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEBSITE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLDUING, BUT NOT LIMTIED TO, VARIOUS LIMITATIONS THEREON AND EXCLUSIONS THERETO.

All users of the Website agree that access to and use of the Website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use the Website.

BlackBook reserves the right to modify these Terms of Use at any time. You agree to review the these Terms of Use periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Terms of Use.  BlackBook will indicate that changes to these Terms of Use have been made by updating the date indicated after “Last Modified” at the end of these Terms of Use.  If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this Website.

Registration Data

In consideration of your use of the Website, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (ii) maintain the security of your password and username; (iii) maintain and promptly update the Registration Data, and any other information you provide to BlackBook, to keep it accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place using your account.

Copyrights in Site Content; Limited License to Use

All content included in the Website, including, but not limited to, any designs, text, graphics, video, music, sound or code, and their selection and arrangement (the “Site Content"), is copyrighted under the United States and other copyright laws, and is the exclusive property of BlackBook and/or its users or licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without BlackBook’s prior written permission; provided, however, that the foregoing does not apply to your own User Generated Content (defined below), to the extent the same is posted legally by you on the Website.  Notwithstanding the foregoing, you may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the Site Content to which you have properly gained access solely for your personal, non-commercial use, or to place an order to purchase BlackBook products, provided that you do not change or delete any proprietary notice from materials so displayed, downloaded or printed. Any use of the Site Content that is not expressly authorized herein, or otherwise pre-approved by BlackBook in writing, is strictly prohibited, and will terminate the limited license set forth above.

Trademarks / Intellectual Property

All trademarks, service marks and trade names of BlackBook used in the Website (including but not limited to the BlackBook name and logo) are trademarks of BlackBook and/or its licensors, and may not be used without BlackBook’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of BlackBook and/or its licensors.

Product Orders

All orders of BlackBook-related products, whether or not placed through the Website, are subject to BlackBook’s acceptance, which shall be exercised in BlackBook’s sole discretion. Without limitation, this means that BlackBook may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged in connection with an order for one or more BlackBook-related products that is subsequently cancelled by BlackBook, and such order was placed through the Website or the website of one of BlackBook’s authorized representatives, BlackBook shall cause an appropriate credit to be issued to your credit card account.

User Generated Content

BlackBook does not, and you agree that BlackBook has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website (including, without limitation, in or on user reviews, bulletin boards, chat rooms, community pages or other forums as may exist on the Website from time to time) (collectively, “User Generated Content"), that BlackBook is not in any manner responsible for User Generated Content, that BlackBook does not guarantee the accuracy, integrity or quality of User Generated Content, and that BlackBook cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, BlackBook is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.  Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of BlackBook or its affiliated or related entities or content providers.

Notwithstanding the foregoing, you acknowledge and agree that BlackBook has the absolute right to monitor User Generated Content posted to the Website in its sole discretion.  In addition, BlackBook reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content to any third party.  You agree that BlackBook does not have any obligation to use or respond to any User Generated Content. 

You agree that you shall immediately notify BlackBook in writing of any objectionable content appearing on the Website.  BlackBook will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but: (i) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations; and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.

Any use of any content on this website, including, without limitation, User Generated Content, will be at your own risk.

You may be required to agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Website.

User Conduct

The Website is for your personal, non-commercial use only. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization without BlackBook’s prior written consent in each instance.

You represent, warrant and agree that your User Generated Content will not violate or infringe upon the rights of any third party, including, but not limited to, any copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Website to:

• harvest or collect email addresses or other contact information of other users of the Website by electronic or other means for the purpose of sending unsolicited communications to such users;
• engage in unlawful conduct, or conduct that could damage, disable, overburden or impair the Website;
• collect information by use of automated scripts;
• upload, post, transmit, share, store or otherwise make available any content that BlackBook, in its sole discretion, deems to be harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or racially, ethnically or otherwise objectionable;
• register for more than one user account, or register for a user account other than yourself;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
• upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters or pyramid schemes;
• upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• upload, post, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• upload, post, transmit, share, store or otherwise make available content that would encourage or provide instructions regarding how to commit a criminal offense;
• use or attempt to use another’s account without BlackBook’s prior authorization.

Use of User Generated Content and Other Information

You hereby grant BlackBook, and represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, fully-paid worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), prepare derivative works based on, distribute and otherwise exploit any User Generated Content or other information posted by you to the Website, or contained in any communication you may send to BlackBook, in any media now known or hereafter created, for any purpose, commercial, promotional, or otherwise.

Mobile Services

Certain services available through the Website are also available through your mobile phone (the “Mobile Services").  Presently, BlackBook does not charge for these Mobile Services; however, it reserves the right to do so in the future.  Further, your carrier’s normal fees will always apply.  You should check with your carrier to find out what plans are available and how much they cost.  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.  Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.  By using the Mobile Services, you agree that BlackBook may communicate with you regarding BlackBook and other entities 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 BlackBook.

Copyright Agent

The Digital Millennium Copyright Act of 1998 (the “DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information:  (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written 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; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon BlackBook actual knowledge of facts or circumstances from which infringing material or acts are evident.  BlackBook’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Name:  Chris Mohney
Address: 29 E. 19th St., 4th Fl., NY, NY 10003
Telephone:  212-651-1717
Fax:  212-202-4712
Email: cmohney@blackbookmag.com

We suggest that you consult your legal advisor before filing a notice with BlackBook’s copyright agent.  You should note that there can be penalties for false claims under the DMCA.

Third-Party Links

In an attempt to provide increased value to our visitors, BlackBook may link to websites operated by third parties. However, even if the third party is affiliated with BlackBook, BlackBook has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of BlackBook. These linked websites are only for your convenience and therefore you access them at your own risk.  Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.

Third-Party Goods and Services

BLACKBOOK DOES NOT VOUCH FOR THE GOODS OR SERVICES OF ANY THIRD PARTY THAT MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE WEBSITE.
Indemnification

You agree to indemnify, defend, and hold harmless BlackBook, its parents, subsidiaries and affiliates, and each and all of their respective shareholders, members, officers, directors, employees, agents, licensors, licensees, suppliers, successors, assigns, agents and representatives, from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this Website.

Privacy

BlackBook is committed to safeguarding your privacy.  The terms regulating the handling of personally identifiable information and other information by you in connection with the Website is described in our Privacy Policy, which can be found by clicking on the link titled “Privacy Policy”, located in the footer of each page on the Website.

Warranty Disclaimer

THIS WEBSITE AND THE MATERIALS AND PRODUCTS MADE AVILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLACKBOOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLACKBOOK DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLACKBOOK DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BLACKBOOK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BLACKBOOK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

BLACKBOOK SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED ON OR THROUGH THE WEBSITE (OR THE WEBSITE OF ANY AUTHORIZED REPRESENTATIVE OF BLACKBOOK) OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF BLACKBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, BLACKBOOK IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT THEREIN, BLACKBOOK’S LIABILITY SHALL IN NO EVENT EXCEED US$100.00.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Minors

The Website may, from time to time, contain material that is not appropriate for children.  If there is a concern by parents that children may visit the Website and access such material, BlackBook recommends use of a parental control software package.  While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications.  Please read the Website’s Privacy Policy for more information regarding the collection of personal information from children.

Miscellaneous

Your use of this Website shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Website (including but not limited to the purchase of BlackBook products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New York County, New York, and courts with appellate jurisdiction therefrom. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of BlackBook-related products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive electronic communications from BlackBook. You agree that any notice, agreement, disclosure or other communication that BlackBook sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. BlackBook’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. BlackBook may assign, sublicense or otherwise transfer its rights and duties under these Terms of Use to any party at any time without notice to you.

Term; Termination

BlackBook reserves the right in its sole discretion to terminate or restrict your use of the Website, without notice, for any or no reason, and without liability to you or any third party. In addition, these Terms of Use, or any part of them, may be terminated by BlackBook without notice at any time, for any reason. The provisions relating to intellectual property ownership, BlackBook’s license to use your User Generated Content, indemnification, limitations on liability, and disclaimers of warranties, as well as the provisions set forth under the paragraph entitled “Miscellaneous”, above, shall survive any such termination.

Last Modified:  October 2008.