BlackEyedT Terms of Use Agreement
Last Updated July 10, 2008
Welcome to the User Agreement for BlackEyedT.com, owned by Gofish4Life, LLC.
By using BlackEyedT.com Services, you agree to be bound by this Agreement. You are only authorized to use the BlackEyedT.com services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the BlackEyedT.com Website and discontinue use of BlackEyedT.com web site and services immediately. If you wish to become a Member, communicate with other Members and make use of BlackEyedT.com Services, you must read this Agreement. By submitting a design, voting on designs, placing an order, or visiting this site you accept and agree to comply with this Agreement.
This agreement includes BlackEyedT.com Privacy Policy. In the event of any inconsistency between BlackEyedT.com Privacy Policy and this User Agreement, the User Agreement shall control.
This agreement includes BlackEyedT.com Design Terms and Conditions. In the event of any inconsistency between BlackEyedT.com Design Terms and Conditions and this User Agreement, the User Agreement shall control.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of BlackEyedT.com services indicates your acceptance of the amended User Agreement.
User/Membership Eligibility
BlackEyedT.com Services are not available to minors under the age of 18 or to any users or members suspended or removed from the system by BlackEyedT.com for any reason. If you do not qualify, you may not use BlackEyedT.com Services.
Use of Service
This User Agreement governs your use of BlackEyedT.com Service. BlackEyedT.com may refuse service without prior notice to any User/Member for any or no reason.
You agree to promptly notify BlackEyedT.com upon becoming aware of any unauthorized access or use of the Services by any party or any claim that the services infringe upon any copyright, trademark or other contractual statutory or common laws rights.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person and or permit any unauthorized use of your password or account or any other breach of security you will be liable for any damage and your account/membership will be cancelled. BlackEyedT.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You are solely responsible for the content that you post on or through any of BlackEyedT.com Services and any material you transmit to other users or the general public and for your interactions with other Users. BlackEyedT.com does not endorse and has no control over the Content. Member page Content is not necessarily reviewed by BlackEyedT.com prior to posting and does not reflect the opinions or policies of BlackEyedT.com. BlackEyedT.com make no warranties, expressed or implied, as to the content or to the accuracy and reliability of the Content or any other material or information that you may transmit to your page
Termination
You agree that BlackEyedT.com may, with or without cause, immediately terminate your BlackEyedT.com member page and access to the BlackEyedT.com Services without prior notice. Without limiting the foregoing, the following will lead to a termination by of a User’s use of BlackEyedT.com Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your BlackEyedT.com account includes removal of access to all offerings within BlackEyedT.com Services and may also bar you from further use of BlackEyedT.com Service. Furthermore, BlackEyedT.com shall not be liable to you nor any third-party for any termination of your account or access to BlackEyedT.com.
Acceptance and Removal of Content
A member may upload relevant content onto his/her member page by following the relevant instructions as described on the Website and the Agreement.
Content shall be provided in accordance with this Agreement, and comply with all applicable Law. If not BlackEyedT.com. may not post the Content or may remove the Content. The Member agrees it has all necessary rights, consents, licenses, clearances and waivers in relation to the relevant Content to enable BlackEyedT.com to publish such Content on the Website and the Member shall be solely responsible for any and all payments due to third parties as a result of such publication.
While BlackEyedT.com has the right to monitor activity and content associated with BlackEyedT.com Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or memberships. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Unless otherwise agreed between the parties, the member will provide all content for their page in accordance with BlackEyedT.com policies. BlackEyedT.com may specify from time to time, including without limitation such technical specifications and format guidelines as to Content of pages as BlackEyedT.com as may be specify from time to time.
BlackEyedT.com may delete or reject any content at any time, in its sole discretion and without liability to the Users or others. Any posting of Content by BlackEyedT.com or Users shall not be deemed to constitute an acceptance by BlackEyedT.com that such Content is provided in accordance with this Agreement, nor shall it constitute a waiver of BlackEyedT.com rights.
BlackEyedT.com shall not be held responsible for any addition to, changes in, deletions from, delay in publication or withdrawal of any Content required by any competent authority having jurisdiction over or responsibility for the regulation of electronic and online advertising on the Internet.
BlackEyedT.com reserves the right to remove, delay publication, non publication, edit any content any member page or BlackEyedT.com Website, which is found to contain unsuitable material without liability to the Users or others who shall have no claim for damages or otherwise as a result of any such action.
Member Page Content and User Conduct
You understand and agree not to use BlackEyedT.com to
- Post Content or initiate communications, which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- Post Content that is patently offensive, promotes racism, bigotry, and hatred or physically harm of any kind, against any group or individual.
- Post Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website.
- Use BlackEyedT.com Service for any illegal purpose, including but not limited to conspiring to violate laws.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present, upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to; a) Using BlackEyedT.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using BlackEyedT.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
- Upload, post, email, transmit 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.
- Stalk or harass anyone.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through BlackEyedT.com Service.
- Post content in fields that aren't intended for that content. Example: Putting an address in a name or title field.
- Interfere with or disrupt BlackEyedT.com Service or servers or networks connected to BlackEyedT.com Service, or disobey any requirements, procedures, policies or regulations of networks connected to TheBigWiki Service.
- Edit or attempt to edit any page that is not your member page. Editing or attempting to edit any member pages that are not yours can result in the loss of your member page.
Information Provided on this Website
In the course of using BlackEyedT.com Service, users may provide information about themselves, which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on BlackEyedT.com website or otherwise providing materials to BlackEyedT.com, you are granting to BlackEyedT.com a royalty-free, perpetual, irrevocable license to use this information in the course of offering BlackEyedT.com service. Furthermore, you understand that BlackEyedT.com retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through BlackEyedT.com Service is the sole responsibility of the person from which such content originated and that BlackEyedT.com will not be liable for any errors or omissions in any content. You understand that BlackEyedT.com cannot guarantee the identity of any other users with whom you may interact in the course of using BlackEyedT.com Service. Additionally, we cannot guarantee the authenticity of any data, which users may provide about themselves, or relationships they may describe.
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in BlackEyedT.com website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
BlackEyedT.com Communications
In the course of providing you services, BlackEyedT.com may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails, which are specific to your account and necessary for the normal functioning of BlackEyedT.com Service, including a series of up to two welcome emails, which help inform new Members about various features of BlackEyedT.com Service. You agree to keep your contact information provided to BlackEyedT.com, including your email address, current at all times.
Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless BlackEyedT.com, its members its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of BlackEyedT.com Service; ii) unauthorized access to or alteration of your communications or member page with or through BlackEyedT.com Service, or iii) any other matter relating to BlackEyedT.com Service. Any business transactions, which may arise between Users from their use of BlackEyedT.com, are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that BlackEyedT.com may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of BlackEyedT.com, its Users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT BLACKEYEDT.COM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT BLACKEYEDT.COM DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. BLACKEYEDT.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. BLACKEYEDT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BLACKEYEDT.COM MAKES NO WARRANTY THAT (i) BLACKEYEDT.COM SERVICE WILL MEET YOUR REQUIREMENTS, (ii) BLACKEYEDT.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BLACKEYEDT.COM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLACKEYEDT.COM OR THROUGH OR FROM BLACKEYEDT.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
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.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLACKEYEDT.COM SHALL NOT BE LIABLE FOR ANY DIRECT, 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 BLACKEYEDT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL BLACKEYEDT.COM’S TOTAL CUMULATIVE DAMAGES EXCEED US $100.
Entire Agreement
The User Agreement constitutes the entire agreement between you and BlackEyedT.com and governs your use of BlackEyedT.com Service, superseding any prior agreements between you and BlackEyedT.com.
Governing Law
The User Agreement between you and BlackEyedT.com will be governed by and construed in accordance with the laws of the State of Connecticut without regard to conflict of laws principles.
Miscellaneous
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
BlackeyedT.com is a trademark of GoFish4Life, LLC. This agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
BlackEyedT.com shall not be obliged to provide to the Member with any data which might enable the Member or any third party to identify any individual or individuals using or who have used the Website.
BlackEyedT.com may from time to time at its sole discretion provide to others anonymous aggregated statistics relating to the performance of the Website or the relevant Members Content.
BlackEyedT.com shall have no liability for any delay in or failure to perform any or all of its obligations under this agreement, if the delay or failure arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including, without limitation, industrial disputes, nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law, governmental order, rule, regulation, or direction, failure of technical facilities, accident, fire, flood, storm or default of suppliers or sub-contractors.
BlackEyedT, BlackEyedT.com, the BlackEyedT logo, and other BlackEyedT.com logos and names are trademarks of Gofish4Life, LLC. You agree not to display or use these trademarks in any manner without BlackEyedT.com prior, written permission.
Please send any questions or comments, or report violations of the User Agreement to:
GoFish4Life, LLC
Attn: User Agreement
20 Lakeside Lane
Bolton, CT 06043
All correspondence must include your signature name, address, email and phone number.
