BlackRefer.com Terms of Service
ACCEPTANCE OF TERMS
BlackRefer.com welcomes you. BlackRefer.com provides the BlackRefer.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. You can review the most current version of the TOS at any time at: http://www.blackrefer.com/terms2.html. By accessing and using the BlackRefer.com Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular BlackRefer.com owned or operated services, you and BlackRefer.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 BLACKREFER.COM SERVICES
BlackRefer.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 "BlackRefer.com Services"). You also understand and agree that the BlackRefer.com Services may include advertisements and that these advertisements are necessary for BlackRefer.com to provide the BlackRefer.com Services. Unless explicitly stated otherwise, any new features that augment or enhance the current BlackRefer.com Services, including the release of new BlackRefer.com properties, shall be subject to the TOS. You understand and agree that the BlackRefer.com Services is provided "AS-IS" and that BlackRefer.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 BlackRefer.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 BlackRefer.com Services.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE BLACKREFER.COM SERVICES
BlackRefer.com does not claim ownership of Content you submit or make available for inclusion on the BlackRefer.com Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the BlackRefer.com Services, you grant BlackRefer.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
CONTRIBUTIONS TO BLACKREFER.COM
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to BlackRefer.com through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BlackRefer.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BlackRefer.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) BlackRefer.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of BlackRefer.com without any obligation of BlackRefer.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from BlackRefer.com under any circumstances.
You agree to indemnify and hold BlackRefer.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 BlackRefer.com Services, your use of the BlackRefer.com Services, your connection to the BlackRefer.com Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF BLACKREFER.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 BlackRefer.com Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BlackRefer.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 BlackRefer.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 BlackRefer.com Services.
The BlackRefer.com Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that BlackRefer.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 BlackRefer.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 BLACKREFER.COM SERVICES ARE AT YOUR SOLE RISK. THE BLACKREFER.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLACKREFER.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.
BLACKREFER.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE BLACKREFER.COM SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE BLACKREFER.COM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BLACKREFER.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 BLACKREFER.COM SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLACKREFER.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 BLACKREFER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE BLACKREFER.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 BLACKREFER.COM SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE BLACKREFER.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 BLACKREFER.COM SERVICES RELATING TO FINANCIAL MATTERS
The BlackRefer.com Services is provided for informational purposes only, and no Content included in the BlackRefer.com Services is intended for trading or investing purposes. BlackRefer.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 BlackRefer.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
BlackRefer.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 BlackRefer.com's Copyright Agent the following information:
BlackRefer.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 BlackRefer.com and governs your use of the BlackRefer.com Services, superseding any prior version of this TOS between you and BlackRefer.com with respect to the BlackRefer.com Services.
Choice of Law and Forum. You and BlackRefer.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 BlackRefer.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 BlackRefer.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 BlackRefer.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 BlackRefer.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 May 12, 2009