Thursday, August 07, 2008
Welcome to the Black Digital Network website (hereinafter used interchangeably with “Site” and “website”). Black Digital Network is for your personal information, communication, education and entertainment. By using this Site, you acknowledge your agreement to be bound by these Terms of Conditions and Use (hereinafter “Terms”) and accept them without limitation, qualification or modification. If you do not agree to be bound by these Terms, please do not use this Site and immediately exit.
Black Digital Network reserves the right, and may in its sole discretion, amend, change, modify, add, remove or discontinue any aspect, content or feature of this website and these Terms, at any time, and without notice or liability. Notification of changes will be posted on this Site and become effective upon posting or any other means. You are encouraged to review the Terms periodically to become aware of any changes. Your use of the Site after any changes to the Site and/or Terms are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.
- Use of site
- Linked Sites
- General disclaimer and limitation of liability
- Indemnification
- Termination
- Child online protection act notification
- Export control
- Infringement policy
- Governing law and invalidity of separable provisions
- Entire agreement
Black Digital Network provides this website for your personal, non commercial use. The content and material on this website is derived in whole or in part from Black Digital Network and other sources. This material is protected by copyright, trademark and other applicable laws, therefore content and material may not be copied, modified, reproduced, republished, retransmitted, uploaded, posted, transmitted, publicly displayed, have derivative works based on or distributed in any other way, in whole or in part, for any purpose other than viewing this website, without the expressed prior written consent of Black Digital Network. This includes but is not limited to text, graphics, images, illustrations, photographs, animations, video, audio, designs, logos, code and software and any and all underlying elements and/or components of the Site. The use of Black Digital Network content and materials on any other web site or networked computer environment is prohibited without the expressed written consent of Black Digital Network. Black Digital Network website users are not allowed to publish, republish, distribute, redistribute, transmit, retransmit, or otherwise disseminate as its own, any content and/or material on this website without the expressed written consent of Black Digital Network. Black Digital Network neither warrants nor represents that your use of content and/or materials displayed on this website, whether authorized or not, will not infringe rights of third parities not owned by or affiliated with Black Digital Network. This website displays registered and unregistered, trademarks, logos and service marks of Black Digital Network and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the aforementioned marks without the expressed written permission of Black Digital Network or such third party who owns the mark displayed on this Site. You are strictly prohibited from misusing the trademark, logo or service marks displayed on this website, or any other content on this website.
There are a number of linked web sites on Black Digital Network. Whether the web site is linked to or linked from Black Digital Network, we are not responsible for their content. The linked web sites, including but not limited to web search engines provided by third parties, are for the convenience of the user only, and may be accessed by the user only at the user’s own risk. Additionally, Black Digital Network shall not be responsible or liable for any loss and/or damage of any sort relating to your dealings with advertisers on Black Digital Network as a result of the presence of such advertisers on this website. Your transactions with advertisers found on any Black Digital Network site are solely between you and such advertiser(s).
While Black Digital Network strives to include up-to-date information, we make no warranties or representations as to the accuracy, timeliness, reliability, completeness, or otherwise, and assume no liability or responsibility for any error or emission in the content, of the information on this website. Although Black Digital Network uses reasonable efforts to include the most current and up to date information in this Site, we make no guarantees. Links and pointers to internet web sites maintained by third parties have been provided by Black Digital Network on this website, and from time to time provide third party materials on this website. Regarding third party web sites, Black Digital Network (and/or any of its affiliated companies), does not in any respect or manner operate or control in any aspect the information, products or services on third party web sites.
The content, materials, and products or services available in or accessible through this website are “AS IS” AND IS WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLCABLE LAW, BLACK DIGITAL NETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALINGS. BLACK DIGITAL NETWORK EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND/OR CONTENTS APPEARING ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS AND COMPONENTS, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS. BLACK DIGITAL NETWORK MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE USE OF THE MATERIALS AND CONTENT APPEARING ON THIS SITE WITH REGARD TO THEIR CORRECTNESS, RELIABILITY, ACCURACY OR OTHERWISE. THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, IS ASSUMED BY YOU, THE USER. NEITHER BLACK DIGITAL NETWORK (AND/OR ANY OF ITS AFFILIATED COMPANIES) OR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE TO ANY PERSON, FIRM OR CORPORATION FOR ANY LOSS, DAMAGE, INJURY, CLAIM OR LIABLITY OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY INFORMATION CONTAINED ON THIS WEBSITE. ADDITIONALLY, BLACK DIGITAL NETWORK DOES NOT REPRESENT OR WARRANT THAT USE OF ANY CONTENT, WHEN AUTHORIZED OR NOT, WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
YOU ARE USING BLACK DIGITAL NETWORK AT YOUR OWN RISK. BLACK DIGITAL NETWORK TAKES NO RESPONSIBLIITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANYALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT BY USING THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION WITH YOUR USE, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL BLACK DIGITAL NETWORK (AND/OR ANY OF ITS AFFILIATED COMPANIES), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, BLACK DIGITAL NETWORK’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BLACK DIGITAL NETWORK (AND/OR ANY OF ITS AFFILIATED COMPANIES) HAS BEEN ADVISED OF THE POSSIBLITY 0F DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BLACK DIGITAL NETWORK (AND/OR ANY OF ITS COMPANIES), SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.
By accepting these Terms, you agree to indemnify, defend and hold Black Digital Network (and/or any of its affiliated companies) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses, arising out of or incurred by any breach by you of these Terms. This includes but is not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement, and damages including attorney’s fees and court costs.
Your access to Black Digital Network may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of these Terms. Upon termination, you must cease and desist from accessing or using the Black Digital Network website.
If you are a parent or guardian of a child(ren) under the age of 13, Black Digital Network hereby notifies you that parental control protections are commercially available. These parental control protections, include but are not limited to, computer hardware, software or filtering services, which may assist you in limiting access to material that is harmful to minors. Black Digital Network is committed to complying with all applicable laws and regulations regarding children, including the Children’s OnLine Privacy Protection Act.
You agree to comply with all applicable laws, rules and regulations as a user under these Terms, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to ensure that the Site content, code and software are not exported in violation of the United States law. Additionally, if you access this Site from locations outside the United States of America, you do so at your own initiative and at your own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Black Digital Network respects the intellectual property rights of others, therefore, in appropriate circumstances, we may terminate your use of this website, if we determine in our sole and absolute discretion, that you are involved in infringing activity. This includes allege acts of first time or repeat infringement, regardless of whether the material or activity is ultimately found to be infringing. Black Digital Network reserves the right, but not the obligation, to terminate your use of the Site, pursuant to the above based on 17 U.S.C Section 512 as amended by Title II of the Digital Millennium Copyright Act. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please submit notification by written complaint to our designated agent, Bernadette Morris, President/CEO, Black Digital Network, 975 North Miami Beach Boulevard, North Miami Beach, Florida 33162, (305) 948-8063 telephone, (305) 948-8074, bmorris@blackprwire.com.com, that complies with the requirements below and deliver to our designated agent to receive claimed infringement notification by mail:
1) a signature, in electronic or physical format, of the person authorized to act on behalf of the copyright or other intellectual property interest;
2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
3) a description of where the material that you claim is infringing is located on this Site;
4) your contact information including, but not limited to, your address, telephone number, and email address;
5) a statement by you that you have 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 the notification you have provided is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
These Terms shall be construed, governed by and enforced in accordance with the laws of the State of Florida, USA., regardless of the place or places of its physical execution and performance. Any actions brought by Black Digital Network or user or third party based on or arising out of this Agreement of Terms and Conditions of Use shall be brought exclusively in State or Federal Courts located in Miami-Dade County, Florida and you expressly consent to the jurisdiction of said courts. You agree that any cause of action that you may have with respect to Black Digital Network, will be filed in the above referenced court within two months of the time in which such events giving rise to such claim began, or you waive such claim. Any failure of Black Digital Network to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
If any term or provision of this Agreement of Terms is held invalid, unlawful, void, or unenforceable, such provision shall be deemed severable and shall not affect the validity or enforceability of any other remaining terms or provisions, and this Agreement of Terms shall be interpreted as if such term or provision had never been contained in this Agreement.
This Agreement of Terms contains the entire understanding of Black Digital Network and user with respect to its subject matter hereof, and supercede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
