Rights and Responsibilities
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 17 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: November 28, 2014. By using or accessing BlackBookEncounters.com, you agree to this Statement.
You the users and adposters grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you upload on or in connection with BlackBookEncounters, Affiliates, Sister and Parent companies. This includes all material stored on BlackBookEncounters servers. BlackBookEncoutners Moderators, Officers, Admins or any other person that BlackBookEncounters deems appropriate at BlackBookEncounters sole discretion has full rights to any content that you upload or saved on blackBookEncounters servers.
We always appreciate your feedback or other suggestions about BlackBookEncounters, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them)..
You will not post unauthorized commercial images. You the user must own all rights to images, videos and content uploaded to BlackBookEncounters.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme with out the expressed written consent from BlackBookEncounters board of directors.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, use for violence, hate, threaten, stalk, harass anyone, or use material provided by BlackBookEncounters in any unlawful manner. The material provided by BlackBookEncounters are strictly and solely for recreational use. Maturity and Responsibility must be used and is required to be displayed at all times.
You will not post any material produced by BlackBookEncounters on to any social media, personal, advertising, blog or forum with out the written consent from the board of directors of BlackBookEncounters.
You will not develop or operate a third-party application used to access BlackBookEncounters websites without expressed written permission by the board of directors.
You will not use BlackBookEncounters to do anything unlawful, misleading, malicious, or discriminatory acts. This includes but is not limited to prostitution, solicitation of sexual acts for money or other tangible / material goods. You will not post or participate in any way or assist in human trafficking, child pornography or exploit minors in any way, assualt both sexual and non sexual in nature, or any type of sex crime and you agree to report such acts of suspected human trafficking, sexual assualt or child pornography to the proper authorities, including but not limited to Admins, Moderators and your Local and Federal Law Enforcement Agencies. BlackBookEncounters is intended for adult dating only. Any other un-authorized use is strictly prohibited.
Adposters and Webcam users and opperators are not affiliated with or employees of Blackbookencounters.com. All adposters / and Webcam opperators are required to report all money earned to the IRS and pay applicable taxes as required by law. You the Users and Adposters of BlackBookEncounters agree that you as participants of BlackBookEncoutners are not employees of BlackBookEncounters and do not represent its owners, opperators, and parent company and you hold Blackbookencounters its owners, opperators and parent company harmless. You the user / adposter agree that you are an adult making adult decisions.
You will not hold blackbookencounters, its officers, board of directors, moderators or admins responsible if you decide as an adposter or user to meet a member of blackbookencounters and it results in an assualt of any type or an arrest by law enforcement for your will full act of participating / breaking the law. Blackbookencounters does not condone such behavoir and requires all of its members to be lawfull at all times.
You will not do anything that could disable BlackBookEncounters.com functionality.
You will not facilitate or encourage any violations of this Statement or our policies..
You will not create more than one personal account.
You will not post graphics or photographs which depict genitalia, or naked images including but not limitted to posting ads or webcaming if you are a webcam opperator.
If we disable your account, you will not create another one without the Admin of BlackBookEncounters permission. In the event that your account has been disabled and you would like to regain access to BlackBookEncounters.com, you may do so by contacting the Admin by email and state your case in order to regain access.
You will not use BlackBookEncounters if you are under 18 years of age unless you are considered to be an adult in your area of residence with all rights and privileges of being over the age of 18.
You will keep your contact information accurate and up-to-date. All correspondence from BlackBookEncounters.com is done so via internal messaging system and the current email on file. In addition you agree to allow use BlackBookEncounters to use any means we deem appropriate in BlackBookEnounters sole descretion to verify your identity if we wish to do so.
You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any application you administer) to anyone without first getting our written permission from admin or board of directors of BlackBookEncounters.com.
If you select a user-name or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as, but not limited to when a trademark owner complains about a user-name that does not closely relate to a user's actual name).
Protecting Other People's Rights.
We respect other people's rights, and expect you to do the same. If you violate any of BlackBookEncounters.com rules, terms or conditions, we will disable your account at the sole discretion of BlackBookEncounters.com.
You will not use our copyrights or trademarks or any confusingly similar marks, except as expressly permitted by our Board of Directors and only with our prior written permission. You will not upload, transfer, or use any copyrighted or trademarked material that you do not have expressed written permission to use.
Mobile and Other Devices.
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
If you make a payment on BlackBookEncounters.com website or use BlackBookEncounters mobile app, you agree to our Payments Terms.
Special Provisions Applicable to Social Plug-ins. If you include our Social Plugins, such as the Share or Like buttons, favorites on your website, the following additional terms apply to you:
You give us permission to use and allow others to use such links and content on any Social Media of BlackBookEncounters choosing.
You will not misrepresent your relationship with BlackBookEncounters.com to others. If you the user places an ad on BlackBookEncounters.com you understand and agree that you are soley responsible for your ad in it's entirety. BlackBookEncounters.com sells ad space. You the user will follow all of BlackBookEncounters.com blacklisted words which may change at the sole discretion of BlackBookEncounters. Blacklisted words are not to be displayed on BlackBookEncounters.com either directly, with images or in a "coded" fashion. Violation of using blacklisted words may result in having your account suspended or deleted.
We can issue a press release describing our relationship with you. You will comply with all applicable laws. In particular if requested by BlackBookEncounters.com you will remove any and all content in regards to images, templates, Trade Marks, Copy Righted material whether provided by BlackBookEncounters.com or manufactured by a camera, copy machine, fax machine any means meant for the purpose of duplicating images of BlackBookEncounters.com products and or merchandise at the sole discretion of BlackBookEncounters.com.
You represent that any disclosure to us will not be incidental to the ordinary course of your business.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of BlackBookEncounters.com to you with out any prior notification.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or BlackBookEncounters.com exclusively in binding Arbitration and all claims are to be filed and heard in the United States of America Wichita, Kansas. Plaintiff pays for all cost. The laws of the State of Kansas will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or images produced by BlackBookEncounters.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on BlackBookEncounters.com is not responsible for the images, photos or information users upload to our servers. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content uploaded to BlackBookEncounters servers. In Short users are responsible for their own actions.
BLACKBOOKENCOUNTERS.COM IS AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BLACKBOOKENCOUNTERS WILL ALWAYS BE SAFE FROM PHYSICAL HARM OR ANY HARM TO YOUR SELF OR OTHERS, SECURE OR ERROR-FREE OR THAT BLACKBOOKENCOUNTERS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BLACKBOOKENCOUTNERS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BLACKBOOKENCOUNTERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, WHICH EVER IS LESS. 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. IN SUCH CASES, BLACKBOOKENCOUNTERS.COM, PICTURE PERFECT PRODUCTS LLC LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW..
By "BlackBookEncounters" we mean the features and services we make available, including through (a) our website at www.BlackBookEncounters.com and any other Picture Perfect Productions LLC branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plug-ins such as the Like button, the Share button, add to favorites, etc and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.(e) it's officers, board of directors, admin, moderaters, opperators and owners.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with BlackBookEncounters.
By "content" we mean anything you use BlackBookEncounters for that would not be included in the definition of information.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from BlackBookEncounters or provide to BlackBookEncounters through any platform be it desktop, laptop or any mobile device platform.
By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user, you, adposter, users" we mean any user using our websites.
By "application" we mean any application or website that uses or accesses our Platform, as well as anything else that receives or has received data from us. If you no longer access our Platform but have not deleted all data from us, the term application will apply until you delete the data.
This Statement makes up the entire agreement between the parties regarding BlackBookEncounters, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with local and Federal law. This Statement does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing BlackBookEncounters.com.