1. ACCEPTANCE
OF TERMS
NeoBlack.Com provides its service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without
notice to you. In addition, when using particular NeoBlack.Com services,
you shall be subject to any posted guidelines applicable to such services. All
such guidelines are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
NeoBlack.Com currently provides users with access to a rich collection of on-line
resources, including, communications tools and online forums. Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
including the release of new NeoBlack.Com properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that NeoBlack.Com assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or NeoBlack.Com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, NeoBlack.Com
has the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof). NeoBlack.Com is concerned
about the safety and privacy of all its users, particularly children. Toward this
end, due efforts are made to ensure that only content suitable for a broad audience
are used on the site. Please
remember that our Service is designed to appeal to a broad audience. Accordingly,
it is your responsibility to determine whether any of the Services and/or Content
(as defined in Section 6 below) are appropriate for your child.
4. NEOBLACK.COM PRIVACY POLICY
Pursuant to NeoBlack.Com privacy policy, we never disclose to third
parties any information contained in your Registration Data or related data, except
as specifically authorized by you or in the good faith belief that such action
is reasonably necessary to comply with the law, legal process, or to enforce the
TOS. For more information, please see our full
privacy policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify NeoBlack.Com of any unauthorized
use of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. NeoBlack.Com cannot
and will not be liable for any loss or damage arising from your failure to comply
with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not NeoBlack.Com, are
entirely responsible for all Content that you upload, post, email or otherwise
transmit via the Service. NeoBlack.Com does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will NeoBlack.Com be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
You agree to not use the Service to:
- upload,
post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of anothers privacy,
hateful, or racially, ethnically or otherwise objectionable;
- harm minors
in any way;
- impersonate
any person or entity, including, but not limited to, an NeoBlack.Com official,
forum leader, moderator or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- forge
headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
- upload,
post, email or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure
agreements);
- upload,
post, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- upload,
post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except
in those areas (such as shopping rooms) that are designated
for such purpose;
- upload,
post, email or otherwise transmit 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;
- disrupt
the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type,
or otherwise act in a manner that negatively affects other
users ability to engage in real time exchanges;
- interfere
with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- intentionally
or unintentionally violate any applicable local, state,
national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and
any regulations having the force of law;
- "stalk"
or otherwise harass another; or
- collect
or store personal data about other users.
7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct
and acceptable Content. Specifically, you agree to comply
with all applicable laws regarding the transmission of
technical data exported from the United States or the
country in which you reside.
8. CONTENT SUBMITTED TO NEOBLACK.COM
By submitting Content to any NeoBlack.Com property, you automatically grant,
or warrant that the owner of such Content has expressly granted, NeoBlack.Com
the royalty-free, perpetual, irrevocable, non-exclusive and fully sub- licensable
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such Content (in whole
or part) worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed. You acknowledge that NeoBlack.Com
does not pre-screen Content, but that NeoBlack.Com and its designees shall
have the right (but not the obligation) in their sole discretion to refuse, edit,
move or remove any Content that is publicly available via the Service. Without
limiting the foregoing, NeoBlack.Com and its designees shall have the right
to remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any Content
created by NeoBlack.Com or submitted to NeoBlack.Com, including without
limitation information in NeoBlack.Com Message Boards, NeoBlack.Com Clubs
and Forums, and in all other parts of the Service.
9. INDEMNITY
You agree to indemnify and hold NeoBlack.Com, and its
subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your Content,
your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights
of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of
the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that NeoBlack.Com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that private messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of messages that may be sent
from or received by an account on the Service, the maximum size of any message
that may be sent from or received by an account on the Service, the maximum disk
space that will be allotted on NeoBlack.Com's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may access
the Service in a given period of time. You agree that NeoBlack.Com has no responsibility
or liability for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge that
NeoBlack.Com reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that NeoBlack.Com reserves
the right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
NeoBlack.Com reserves the right at any time and from
time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or
without notice. You agree that NeoBlack.Com shall not
be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
You agree that NeoBlack.Com, in its sole discretion,
may terminate your password, account (or any part thereof)
or use of the Service, and remove and discard any Content
within the Service, for any reason, including, without
limitation, for lack of use or if NeoBlack.Com believes
that you have violated or acted inconsistently with the
letter or spirit of the TOS. NeoBlack.Com may also
in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service
under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that NeoBlack.Com may immediately deactivate or delete your account
and all related information and files in your account
and/or bar any further access to such files or the Service.
Further, you agree that NeoBlack.Com shall not be liable
to you or any third-party for any termination of your
access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the
Service, 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
NeoBlack.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 Service.
15. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
NeoBlack.Com has no control over such sites and resources,
you acknowledge and agree that NeoBlack.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 NeoBlack.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.
16. NEOBLACK.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that
is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to
you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized
by NeoBlack.Com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or
NeoBlack.Com grants you a personal, non-transferable
and non-exclusive right and license to use the object
code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service
by any means other than through the interface that is
provided by NeoBlack.Com for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. NEOBLACK.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.
NEOBLACK.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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.
18.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEOBLACK.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 NEOBLACK.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. 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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18 again. They
go doubly for you. In addition, for this type of information particularly, the
phrase "Let the investor beware" is apt. The Service is provided for
informational purposes only, and no Content included in the Service is intended
for trading or investing purposes. NeoBlack.Com shall not be responsible or
liable for the accuracy, usefulness or availability of any information transmitted
via the Service, and shall not be responsible or liable for any trading or investment
decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may also
provide notices of changes to the TOS or other matters by displaying notices or
links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
NeoBlack.Com!, NeoBlack.Com! logo, NeoBlack.Com! in Chinese Characters,
and other NeoBlack.Com! logos and product and service names are trademarks
of NeoBlack.Com! Inc. (the "NeoBlack.Com Marks"). Without NeoBlack.Com's prior permission, you agree not to display or use in any manner, NeoBlack.Com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
NeoBlack.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, please provide NeoBlack.Com's Copyright Agent the following
information:
- an
electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
- a
description of the copyrighted work that you claim has been
infringed;
- a
description of where the material that you claim is infringing
is located on the site;
- your
address, telephone number, and email address;
- a
statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law;
- a
statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright
owner's behalf.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and NeoBlack.Com and govern
your use of the Service, superceding any prior agreements between you and NeoBlack.Com. You also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and NeoBlack.Com shall be governed
by the laws of the United States without regard to its conflict of law provisions.
You and NeoBlack.Com agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Jonesboro, Georgia. The failure of
NeoBlack.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. 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 Service 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.
25. VIOLATIONS
Please report any violations of the TOS by clicking here.