Agreement Between User And BlackDoctor.org Inc.
Welcome to BlackDoctor.org
BlackDoctor.org (the “Website”) is owned and operated by BlackDoctor,
Inc. BlackDoctor, Inc. is dedicated to providing visitors to
BlackDoctor.org with a highly interactive and positive experience, while
at the same time protecting our rights and the rights of our users. We
have developed these Terms of Service to govern your use of
BlackDoctor.org, and we, along with our affiliates, partners and
advertisers, provide content and services to you subject to the
following conditions. Your use of BlackDoctor.org tells us you have read
and agreed to these Terms of Service. Please read them carefully. This
Terms of Service is a binding contract between you and BlackDoctor,
Inc., regarding your use of BlackDoctor.org. If you do not agree with
any of these terms, please exit the Website.
Copyright Notices
All contents of this Website are: Copyright © 2005-2010 BlackDoctor,
Inc., 116 W. Illinois Street, 3rd Floor, Chicago, IL 60654 U.S.A, or
third-party content providers and are protected by international
copyright law. All rights reserved.
All of the information, content, services and software displayed on,
transmitted through, or used in connection with the Website, including
for example, advertising, directories, guides, articles, opinions,
reviews, text, photographs, images, illustrations, audio clips, video,
html, source and object code, software, data, and all other matters
related to this website, including without limitation, the selection and
arrangement of the aforementioned and the “look and feel” of this
website (collectively, the “Content”), are protected under applicable
copyrights and other proprietary (included but not limited to
intellectual property) rights and are the intellectual property of
BlackDoctor, Inc., and its affiliated companies, licensors and
suppliers. BlackDoctor, Inc. actively protects its rights to the Content
to the fullest extent of the law. The copying, rearrangement,
redistribution, modification, use or publication by you, directly or
indirectly, of any such matters or any part of the website, including
the removal or alteration of advertising, except for limited rights of
use granted hereunder, is strictly prohibited. You may not use such
material except as provided in these Terms of Service.
You may use the Content online and solely for your personal,
non-commercial use, and you may download or print a single copy of any
portion of the Content for your personal, non-commercial use, provided
you do not remove any trademark, copyright or other notice contained in
such Content. No other use is permitted. You may not, for example,
republish the Content on any Internet, Intranet or Extranet site or
incorporate the Content in any database, compilation, archive or cache.
You may not distribute any of the Content to others, whether or not for
payment or other consideration, and you may not modify, copy, frame,
reproduce, sell, publish, transmit, display or otherwise use any portion
of the Content without securing the prior written consent of
BlackDoctor, Inc.
Requests to use the Content for any purpose other than as permitted in this paragraph should be directed to .
In certain cases, you may be able to obtain a license to use individual
stories that appear on BlackDoctor.org through an online vendor we have
specifically designated as authorized to license Content on our behalf.
If we have authorized a third party vendor to grant you a license to
any Content, we will tell you that directly in the portion of the
Content you may license. If you do not see our express authorization,
you should assume no third party has the right to allow you to use the
Content.
Third Party Copyright Notice
BlackDoctor.org contains text, photo, graphic, audio and/or video
material licensed from several third party content providers (“Third
Party Content”). Third Party Content shall not be published, broadcast,
rewritten for broadcast or publication or redistributed directly or
indirectly in any medium. Neither Third Party Content, nor any portion
thereof, may be stored in a computer except for personal or
non-commercial use. Neither BlackDoctor.org nor any third party content
provider will be held liable for any delays, inaccuracies, errors or
omissions therefrom or in the transmission or delivery of all or any
part thereof or for any damages arising from any of the foregoing.
Copyright Complaints
BlackDoctor, Inc. 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 BlackDoctor.org, please
contact us.
Trademarks
The Content includes logotypes, trademarks and service marks
(collectively “Marks”) owned by BlackDoctor, Inc. and Marks owned by
other information providers and third parties. For example,
BlackDoctor.org is a trademark of BlackDoctor, Inc. No Marks may be used
in any manner unless approved in advance, in writing by
BlackDoctor.org.
Links To, Alteration Of, And Frames Of, BlackDoctor.org
If you operate a web site and wish to link to BlackDoctor.org, you may
link only to the home page, http://BlackDoctor.org, and not to any other
page or sub-domain of BlackDoctor.org without our express written
consent. You 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 BlackDoctor.org without our express written consent. You may
not alter or modify in any way, BlackDoctor.org including but not
limited to using any software to suppress or alter the display of
advertising on the pages of BlackDoctor.org. In addition, you agree not
to decompile, reverse engineer or disassemble any software or other
products or processes accessible through BlackDoctor.org, not to insert
any code or product or manipulate the content of BlackDoctor.org 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 BlackDoctor.org.
Membership and Registration
Certain areas of BlackDoctor.org may require registration or may
otherwise ask you to provide information to participate in certain
features or access certain content. The decision to provide this
information is purely optional, however if you elect not to provide such
information, you may not be able to access certain content or features
or participate in various areas of BlackDoctor.org. You may also provide
information to BlackDoctor.org in other contexts, including, for
example, in order to register for Attaché or to enter into a sweepstakes
or promotion. When you register or become a member of BlackDoctor.org
or provide information to BlackDoctor.org in any other manner, you agree
to provide only true, accurate, current and complete information on all
registration pages. Using a name other than your own legal name is
prohibited (except in those specific areas of BlackDoctor.org that
specifically ask for unique, fictitious names, e.g., message boards and
chat rooms). You agree that BlackDoctor.org may use the information you
provide to us according to the Privacy Policy on our Website.
If you become a member of BlackDoctor.org, you agree to accept
responsibility for all activities that occur under your account or
password, and agree you will not sell, transfer or assign your
membership or any membership rights. You are responsible for maintaining
the confidentiality of your password and for restricting access to your
computer so that others may not access BlackDoctor.org using your name
in whole or in part. BlackDoctor.org reserves the right to terminate
membership and deny access to the Website to any person who violates
this Terms of Service.
User-Created Content
By placing material on, or communicating with, BlackDoctor.org,
including for example communication during registration, communication
on any BlackDoctor.org bulletin board or message or chat area, 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 BlackDoctor.org, its affiliates and related entities, including
BlackDoctor.org, 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 public area of BlackDoctor.org, 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 BlackDoctor.org to include the information you provide in a
searchable format that may be accessed by users of BlackDoctor.org and
other BlackDoctor.org web sites. You also grant BlackDoctor.org and 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
BlackDoctor.org 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 BlackDoctor.org does not accept unsolicited materials
or ideas for use or publication. BlackDoctor.org is not responsible for
the similarity of any of its content or programming in any media to
materials or ideas transmitted to BlackDoctor.org.
Other Specifics About Interactive Areas (Message Boards, Chat Areas, etc.)
BlackDoctor.org bulletin boards 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. Given the nature
of BlackDoctor.org and the volume of messages and postings,
BlackDoctor.org 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. BlackDoctor.org 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 – and we encourage freedom of speech and a
marketplace of ideas. But by using these areas of BlackDoctor.org, 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 BlackDoctor.org 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 Website. When using BlackDoctor.org, 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 BlackDoctor.org 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 party’s uninterrupted use and enjoyment of
BlackDoctor.org.
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
BlackDoctor.org without the express permission of the owner of that
material.
Uses or attempts to use another’s account, password, service or system except as expressly permitted by the Terms of Service.
Includes images, photos, 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 BlackDoctor.org, or any services, system resources, accounts,
passwords, servers or networks connected to or accessible through
BlackDoctor.org or affiliated or linked sites.
“Inflames” 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.
A violation of certain of these Posting Rules may be referred to law
enforcement authorities. BlackDoctor.org reserves the right to disclose
any information as necessary to satisfy any law, regulation or
governmental request.
Third-Party Content
BlackDoctor.org is a distributor with regard to content supplied by
third-party suppliers and Users, therefore, BlackDoctor.org has no more
editorial control over such content than a public library, bookstore or
newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties,
including information providers and Users are those of the respective
author(s) or distributor(s) and not of BlackDoctor.org.
Communications With Third Parties Through Blackdoctor.org
Your dealings or communications through BlackDoctor.org with any party
other than BlackDoctor.org are solely between you and that third party.
For example, certain areas of BlackDoctor.org 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 BlackDoctor.org 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.
Software Available On This Web Site
Any software that is made available to download from this Website
(“Software”) is the copyrighted work of BlackDoctor.org’ suppliers. Use
of the Software is governed by the terms of the end-user license
agreement, if any, which accompanies or is included with the Software
(“License Agreement”). End users shall not install or use any Software
that is accompanied by or includes a License Agreement, unless the end
user first agrees to the License Agreement terms. Any such Software is
not available to Users in territories where its distribution is
prohibited by law.
International Users
BlackDoctor.org is controlled, operated and
administered by BlackDoctor, Inc. from its offices within the United
States. BlackDoctor.org makes no representation that materials or
Content available through BlackDoctor.org 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
BlackDoctor.org or export the Content in violation of U.S. export laws
and regulations. If you access BlackDoctor.org from a location outside
the United States, you are responsible for compliance with all local
laws.
BlackDoctor.org respects the privacy of its readers. However,
BlackDoctor.org does make available for rental its list of those
registrants who have expressly provided us with their permission to
receive third party information and offers as part of their user
profile. Registrants may change their user profile at any time by
visiting our sign up page.
Modification
BlackDoctor.org shall have the right, at its discretion, to change,
modify, add or remove terms of this agreement at any time without
notice. Changes shall be effective immediately. You agree to review this
agreement periodically since subsequent use by you of this site shall
constitute your acceptance of any changes. BlackDoctor.org shall have
the right at any time to change or discontinue any aspect of
BlackDoctor.org, including, but not limited to, the community areas,
content, hours of availability and equipment needed for access to use.
Such changes, modifications, additions or deletions shall be effective
immediately upon posting and any subsequent use by you after such
posting shall conclusively be deemed to be acceptance by you of such
changes, modifications or deletions.
Disclaimer
ALL MATERIALS AND SERVICES IN THIS SITE AND THIRD-PARTY SITES TO WHICH
IT LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT
PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN.
BLACKDOCTOR.ORG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THIS WEB SITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF
SERVICE. BLACKDOCTOR.ORG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE
SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS
OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS,
OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM
ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN.
BLACKDOCTOR.ORG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER
THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER
EQUIPMENT.
Use Of This Website Is At Your Own Risk.
This Website may contain advice, opinions, and statements of various
information providers and content providers. BlackDoctor.org does not
represent or endorse the accuracy or reliability of any advice, opinion,
statement or other information provided by any information provider or
content provider, or any user of this site or other person or entity.
Reliance upon any such opinion, advice, statement, or other information
shall also be at your own risk. Neither BlackDoctor.org nor its
affiliates, nor any of their respective agents, employees, information
providers or content providers shall be liable to any User or anyone
else for any inaccuracy, error, omission, interruption, timeliness,
completeness, deletion, defect, failure of performance, computer virus,
communication line failure, alteration of, or use of any content herein,
regardless of cause, or for any damages resulting therefrom.
Prior to the execution of a purchase or sale or any security or
investment, you are advised to consult with your broker or other
financial advisor or other professionals as appropriate to verify
pricing and other information. Neither BlackDoctor.org, its affiliates,
information providers or content providers shall have any liability for
investment decisions based upon, or the results obtained from, the
information provided. Neither BlackDoctor.org, its affiliates,
information providers or content providers guarantee or warrant the
timeliness, sequence, accuracy, or completeness of any such information.
Nothing contained in this Website is intended to be, nor shall it be
construed as, investment advice.
Indemnity/Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall
BlackDoctor.org, or its affiliates be liable for any direct, indirect,
incidental, special or consequential damages that result from the use
of, or the inability to use, the Content, unauthorized access to or
alteration of your transmissions or data, the Content or any errors or
omissions in the Content, even if advised of the possibility of such
damages. You specifically acknowledge and agree that BlackDoctor.org is
not liable for any conduct of any User.
AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND
AND HOLD HARMLESS, BLACKDOCTOR.ORG AND ITS SUPPLIERS, EACH OF THEIR
PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS,
SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS
(INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE
DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND
DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR
RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF BLACKDOCTOR.ORG;
(B) BLACKDOCTOR.ORG’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS
LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION
OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN
IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE
BY YOU. If you are dissatisfied with any BlackDoctor.org material, or
with any of BlackDoctor.org’ terms and conditions, your sole and
exclusive remedy is to discontinue using the BlackDoctor.org Website.
General
This Agreement shall be deemed to include all other notices, policies,
disclaimers, and other terms contained in this Website; provided,
however, that in the event of a conflict between such other terms and
the terms of this Agreement, the terms of this Agreement shall control.
This Agreement has been made in and shall be construed and enforced in
accordance with New York law. Any action to enforce this agreement shall
be brought in the federal or state courts located in New York State. If
any provision is deemed to be unlawful or unenforceable, that shall not
affect the validity and enforceability of the remaining provisions. Any
failure of BlackDoctor, Inc. 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
BlackDoctor, Inc., and all other provisions for which survival is
equitable or appropriate.
Service Contact
Contact webmaster@blackdoctor.org with questions or problems with this Website.
Any rights not expressly granted herein are reserved.
