BlackXchange.net, referred to as "BlackXchange.net" at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime. By using this service the user waives any rights or claims it may have against BlackXchange.net.
The content available through the Site is the sole property of BlackXchange.net or its licensors and is protected by copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, BlackXchange.net -owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by BlackXchange.net licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without BlackXchange.net's express prior written consent.
WITHOUT LIMITING THE FOREGOING, BlackXchange.net SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS ADVERTISE THEIR PRODUCTS AND SERVICES ON THE BlackXchange.net WEB SITE. BlackXchange.net FORMS PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS BlackXchange.net MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL BlackXchange.net BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST BlackXchange.net WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Correct Banners size must be provided for specific banner location. If any corrections are needed, you will be subject to an additional fee. All flashed-based banners must include the direct hyperlink.
*Non-credit card customers are required to have their next payment to us 1 days prior to the day of deactivation. All banners must be paid for in advance
All banners will be displayed in their allocated position for their paid period. Banners are sold on a first-come, first-served basis. If at any time the page that your banner has been placed on becomes inactive, then we will provide you with a refund for the time not used; or we will reset your time and place your banner in a new location. There will be times when the page name of your banner location will change, but the page function will not. If this occurs, you will be charged for your banner as normal.
We will try to notify you of any changes that occur. When your time expires, your banner will become inactive unless you notify us and have paid for continual activation. We will try to contact you 10 days prior to deactivation. However if your banner does become deactivated, then you will need to provide us with your banner file upon renewal.
We are constantly updating our site and there will be possible downtimes. We suggest that you keep a copy of your banner file. We will not be held responsible for any losses that occur during these periods. If at anytime the hyper-link from your banner goes to a non-active website, then your banner will be deactivated until we are notified. Changes can be made at that time.
We do not allow any banner placement that is racially discriminatory or sexually suggestive: nudity, explicit language, etc. We reserve the right to change the format, content, or substance of your banner. All banners will be reviewed for their content, and are subject to approval.
Under no circumstances, including negligence, shall BlackXchange.net, its officers, agents or anyone else involved in creating, producing or distributing our website's service, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use, BlackXchange.net service. Results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to "acts of God," communication failure, theft, destruction or unauthorized access to BlackXchange.net programs or services will not be our responsibility
Notwithstanding the above, Member's exclusive remedies for all damages, losses and causes of actions, whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which member paid during the term of this Agreement and any reasonable attorney's fee and court costs.
Banner Ad Refund policy
All banner sales are final. You may cancel at anytime but there are no credits for time unused. If there is a error with your banner location, you must notify us within 48 hours. we will replace your locaion and begin the billing period from when the ad was relocated. If you do not notify us within 48 hours your banner will still be relocation but the billing will not be changed. We reserve the right to refuse anyone.
As a "profile" site, we collect personal information about you in order to create your personal profile. If you create a personal profile, we will ask for a wide variety of information so that you can adequately describe yourself. Some of the things we ask for include, but are not limited to, your occupation, your ethnicity, age range, eye color, hair color, height, weight . You are not required to answer all of these questions and you can edit your profile at any time by clicking on "Account Info". Some information in your profile will be viewable by others, but it will not enable them to view your "real" name or your contact information. It is your choice to provide other users with your personal contact information. BlackXchange.net reserves the right to delete your profile as a management tool.
How BlackXchange.net Uses your Information
We use your email address to contact you about offers and products that we think might be of interest to you as a BlackXchange.net user, and to provide updates and newsletters about our service. When you register at BlackXchange.net, you have the choice to opt out of receiving newsletters and offers from us. By participating in BlackXchange.net, your profile may also appear in a print ad or as a featured profile on our site. You can choose not to have your profile appear either in a print ad or as a featured profile. We may also gather information about our users to understand in the aggregate who is using the site, how they are using the site, to make improvements to the site and to provide statistical information to our advertisers. BlackXchange.net does send one email per month to verify at all emails are still active. If you do not receive the Verifying Email, log into your account, update your email and reactivate your account. All account with invalid emails are set to deactivate status.
We do not share, rent or sell your personally identifiable information to third parties. We do contract with partner companies to perform functions for BlackXchange.net such as providing operational support for the service, fulfilling orders, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. Some of these partner companies may have access to your personal information as needed to perform their functions but they are not permitted to use your information for any other purpose.
BlackXchange.net is designed for adults who are 18 and over. This service is not recommended for children under the age of 18.
BlackXchange.net will release personal information about your account in response to valid legal process such as a court order or a subpoena or in special cases such as a threat to you or others.
BlackXchange.net uses encryption and other security procedures to help securely maintain any personal information that you provide to us. We also require our partners to establish procedures to provide for the security of information about BlackXchange.net users. While we make every effort to keep this information secure, we cannot guarantee that the security measures we take will prevent third parties from illegally obtaining your information.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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