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Your use of our Internet sites or any of the products or services offered on those sites (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: 1 Restrict, suspend, or terminate your access to all or any part of our Services; 2 Change, suspend, or discontinue all or any part of our Services; 3 Refuse, move, or remove any material that you submit to our sites for any reason; 4 Refuse, move, or remove any content that is available on our sites; 5 Deactivate or delete your accounts and all related information and files in your account; 6 Establish general practices and limits concerning use of our sites. You agree that we will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements. Copyright and Content on our sites Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please send an e-mail message at the address listed below under the heading “Contact us.” Copyright Complaints. Blackpearlsliving.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on Blackpearlsliving.com, please contact us at the address listed below under the heading "Contact Us." Trademarks. The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by Eric V. Copage and/or his partners, and Marks owned by other information providers and third parties. For example, Blackpearlsliving.com is a trademark of Eric V. Copage. No Marks may be used in any manner unless approved in advance by Blackpearlsliving.com or Mr. Copage. Links to, and frames of, Blackpearlsliving.com. If you operate a Web site and wish to link to Blackpearlsliving.com, you may may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of Blackpearlsliving.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Blackpearlsliving.com, not to insert any code or product or manipulate the content of Blackpearlsliving.com in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of Blackpearlsliving.com. Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Blackpearlsliving.com for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing. Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites. User-Created Content. By placing material on, or communicating with, Blackpearlsliving.com, including for example communication during registration, communication on any Blackpearlsliving.com bulletin board or message or chat area, posting any resume or photograph, entering any sweepstakes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant Blackpearlsliving.com, its affiliates and related entities, Blackpearlsliving.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Blackpealrsliving.com, its affiliates and related entities, to include the information you provide in a searchable format that may be accessed by users of Blackpearlsliving.com, and its affiliates and related web sites Blackpearlsliving.com. You also grant Blackpearlsliving.comand its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Blackpearlsliving.com and its affiliates and related entities the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. Please note that Blackpearlsliving.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Blackpearlsliving.com. Other Specifics About Interactive Areas (Message Boards, Chat Areas, etc.). Blackpearlsliving.com bulletin boards, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. However, Blackpearlsliving.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. Blackpearlsliving.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content. Posting Rules. Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things ý and we encourage freedom of speech and a marketplace of ideas. But by using these areas of Blackpearlsliving.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by Blackpearlsliving.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using Blackpearlsliving.com, please do not post material that: • contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate. • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity. • violates any right of Blackpearlsliving.com or any third party. • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law. • violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation. • unfairly interferes with any third partyýs uninterrupted use and enjoyment of Blackpearlsliving.com. • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose. • uploads copyrighted or other proprietary material of any kind on Blackpearlsliving.com without the express permission of the owner of that material. • uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Service. • includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability. • uploads or transmits viruses or other harmful, disruptive or destructive files. • disrupts, interferes with, or otherwise harms or violates the security of Blackpearlsliving.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Blackpearlsliving.com or affiliated or linked sites. • "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects. WARNING: A VIOLATION OF THE FOREGOING GUIDELINES PROHIBITIONS Communications with Third Parties Through Blackpearlsliving. com. Your dealings or communications through Blackpearlsliving.com with any party other than Blackpearlsliving.com are solely between you and that third party. For example, certain areas of Blackpearlsliving.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Blackpearlsliving.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party. General Disclaimer and Limitation of Liability: While Blackpearlsliving.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Blackpearlsliving.com does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on Blackpearlsliving.com may be provided and/or hosted by third parties. Blackpearlsliving.com has not reviewed all of the sites linked to Blackpearlsliving.com and is not responsible for the content of any off-site pages or links to or from any other sites. While Blackpearlsliving.com encourages such third parties to abide by these Terms of Service, Blackpearlsliving.com has no responsibility for actions of third parties. YOU EXPRESSLY UNDERSTAND BLACKPEARLSLIVING.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS BLACKPEARLSLIVING.COM SPECIFICALLY DISCLAIMS ANY IN NO EVENT SHALL BLACKPEARLSLIVING.COM OR OR EITHER ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES Indemnity. YOU AGREE TO INDEMNIFY, DEFEND International Users. Blackpearlsliving.com is controlled, operated and administered from its offices within the United States. Blackpearlsliving.com makes no representation that materials or Content available through Blackpearlsliving.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use Blackpearlsliving.com or export the Content in violation of U.S. export laws and regulations. If you access Blackpearlsliving.com from a location outside the United States, you are responsible for compliance with all local laws. Miscellaneous: Blackpearlsliving.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of Blackpearlsliving.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. Blackpearlsliving.com may modify, suspend, discontinue or restrict the use of any portion of Blackpearlsliving.com, including the availability of any portion of the Content at any time, without notice or liability. Blackpearlsliving.com may deny access to any person or user at any time for any reason. In addition, Blackpearlsliving.com may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Blackpearlsliving.com, or any of their assets. These Terms of Service will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Blackpearlsliving.com must be filed in a federal or state court located in Newark, N.J., within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Blackpearlsliving.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Blackpearlsliving.com, and all other provisions for which survival is equitable or appropriate. Blackpearlsliving.com may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Newark, N.J., and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Newark, N.J., necessary to protect the rights or the property of you or Blackpearlsliving.com (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Contact Us. To contact Blackpearlsliving.com, please use the following: Blackpearlsliving.com 41 Watchung Plaza, #79 Montclair, N.J. 07042 Info@Blackpearlsliving.com Privacy policy All of the information that we collect from you, such as registration and credit card information, will not be shared with any third party for commercial purposes. Miscellaneous We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect. |