Terms of Service

    Agreement Between User And BlackDoctor.org Inc.

    Welcome to BlackDoctor.org

    BlackDoctor.org (the “Website” or “Site” or “BlackDoctor.org”) is owned and operated by BlackDoctor, Inc. (“Company” or “BlackDoctor, Inc.”). BlackDoctor, Inc. is dedicated to providing visitors to BlackDoctor.org with a highly interactive and positive experience by providing access to certain information, content and services (collectively, the “Services”), 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.

    User Restrictions and Privacy Practices

    In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to BlackDoctor, Inc. will always be accurate, correct and up to date. Information you submit to BlackDoctor, Inc. or that we may collect in the course of your use of this Website is governed by the current BlackDoctor, Inc. Privacy Policy. The terms of the Privacy Policy are incorporated into these Terms of Service by this reference.

    Eligibility

    Registration with the Website is void where prohibited, and is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Website by anyone between the ages of thirteen (13) and eighteen (18) should be approved by the user’s parent or guardian. Use of this Website by anyone under age thirteen (13) is unauthorized and violates these Terms of Service. By using the Services or the Website, you represent and warrant that you are age thirteen (13) or older and that you agree to abide by all of the terms and conditions of these Terms of Service.

    General User Conduct

    You understand that the Services and this Website are available for your personal use only. You further agree not to use the Services or any of the Website to:

    (a) harvest or collect email addresses or other contact information from other users of the Services or the Website by electronic or other means for the purposes of data harvesting, sending unsolicited emails or other unsolicited communications;

    (b) use the Services or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

    (c) use automated scripts to collect information from or otherwise interact with the Services or the Site;

    (d) access (or attempt to access) the Services by any means other than that is provided by BlackDoctor, Inc., unless you have been specifically allowed to do so in a separate agreement with BlackDoctor, Inc.;

    (e) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);

    (f) reproduce, duplicate, copy, sell, trade or resell any portion of the Services for any purpose, unless you have been specifically allowed to do so in a separate agreement with BlackDoctor, Inc. or as set forth in this Terms of Service; or

    (g) directly or indirectly: (i) use the Website to infringe the intellectual property rights of others; (ii) use the Website to or make any attempt to penetrate, modify or manipulate the Website to invade the privacy of any other user of the Site; (iii) attempt to modify, erase or damage any information contained on the Site; (iv) reverse engineer any portion of the Site; (v) restrict or inhibit others from using the Site; (vi) engage in conduct or distribute material that is harmful, obscene, otherwise illegal or objectionable, or gives rise to civil liability; (vii) spoof or otherwise impersonate any individual or entity; or (vii) violate or attempt to violate the security or integrity of the Website or of any associated computer system.

    Company reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving any of the Website.

    Termination

    BlackDoctor, Inc. may terminate your account and/or delete your profile and any User Content or information that you have posted on the Website at any time with or without notice and for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the spirit of these Terms of Service. We also reserve the right, at our sole discretion and at any time, to modify or discontinue the Services (or any part thereof) offered on the Website, on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that BlackDoctor, Inc. will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Services offered by the Website.

    User Content

    You understand that you are solely responsible for your profile (including your name, image, likeness) and all information, including without limitation, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images and other content that you upload, post or display on or through the Services or the Site, including from any Third Party Services, or transmit to or share with other users from the Website (collectively the “User Content”). You may not post, transmit, or share User Content on the Services or on the Website that you did not create or that you do not have permission to post, transmit or share. You understand and agree that BlackDoctor, Inc. has no obligation to monitor, pre-screen, review, flag, filter or modify the Site, but reserves the right to edit, refuse to post, delete or remove (without notice) any User Content in its sole discretion, including User Content that in the sole judgment of BlackDoctor, Inc. violates these Terms of Service or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. You understand that by using the Services, you may be exposed to User Content that you may find offensive, indecent or objectionable and that, accordingly, you agree to use the Services at your own risk. In no event shall BlackDoctor, Inc. assume or have any responsibility or liability for any posted User Content, including for any claims, damages or losses resulting from the use and/or appearance of such User Content on the Website. BlackDoctor, Inc. reserves the right at all times to disclose any information (including the identity of the persons providing information or User Content on any Website), as necessary to satisfy any law, regulation or governmental request.

    When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, represent and warrant that you have the necessary rights to grant to BlackDoctor, Inc. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. If you choose to remove your User Content from the Site, the license granted above will automatically expire as to such Site; however, you acknowledge that BlackDoctor, Inc. may retain archived copies of your User Content. BlackDoctor, Inc. does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any associated intellectual property rights or other proprietary rights; provided that you acknowledge and agree that you are fully responsible for protecting and enforcing such rights and that BlackDoctor, Inc. shall have at no obligation to do so on your behalf of 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 Website 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 directedbdoeditor@blackdoctor.org. 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. This Website may link to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Sites or Content”). Such Third Party Sites or Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Content accessed through the Website or posted on, available through or installed from the Site, including the accuracy, reliability, offensiveness, opinions, privacy policies, terms of services or other practices of or found at the Third Party Sites or Content. These links are provided for your convenience, and BlackDoctor, Inc. assumes no responsibility for any Third Party Sites or Content.

    Certain areas of Website 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 Company be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

    Company may offer you the option to connect your account, including portions of your User Content and activity on the Website, with certain third party services such as Facebook, Foursquare or Twitter (“Third Party Services”).  When you consent to publish your User Content or activity on the Website to any Third Party Services, your information will be viewable by the communities on such Third Party Services.  In addition, you may opt to publish your content or activity originating from your accounts with any Third Party Services to the Website, and by doing so, you grant BlackDoctor, Inc. and others designated by BlackDoctor, Inc. permission to use your content on the Website or otherwise.

    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, you may send a written notification of such infringement to our designated Copyright Agent below:

    BlackDoctor.org

    116 West Illinois

    3rd Floor

    Chicago, IL 60654

    bdoeditor@blackdoctor.org

    Pursuant to the Digital Millennium Copyright Act, to be effective the notification must be in writing and include all of the following:

    (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.

    (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

    (d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

    (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

    (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    When we receive proper notification of alleged copyright infringement, we will take such action as is appropriate under the Digital Millennium Copyright Act.

    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 Website 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.

    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.

    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.

    E-Mail

    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 Website 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 WEBSITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEB WEBSITE 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 WEBSITE 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 WEBSITE 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 Website 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, its affiliates, partners or content providers 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, INC., ITS SUPPLIERS AND PARTNERS, 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.

    The Website and/or the Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to User’s or to any other person’s computer, or other property, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Services, any User Content or Site Content posted on or through the Site or the Services or transmitted to Users, or any interactions between users of the Site, whether online or offline.

    Termination

    Company may terminate your account and/or delete your profile and any User Content or information that you have posted on any of the Website at any time with or without notice and for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the spirit of these Terms of Service. We also reserve the right, at our sole discretion and at any time, to modify or discontinue the Services (or any part thereof) offered on the Sites, on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that BlackDoctor, Inc. will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Services offered by the Sites.

    Proprietary Rights In Website Content

    Except for legally posted User Content, you acknowledge and agree that all content on the Website or available through the Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, including any related intellectual property rights, whether registered or not (the “Site Content”), is the proprietary property of BlackDoctor, Inc., its users or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without BlackDoctor, Inc.’s prior written permission.

    Unless you have agreed otherwise in writing with BlackDoctor, Inc., nothing in these Terms of Service gives you a right to use any of BlackDoctor, Inc.’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

    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.

    Choice of Law

    These Terms of Service, and your relationship with Company under these Terms of Service, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located within the county of New York to resolve any legal matter arising from these Terms of Service. Notwithstanding this, you agree that Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

    Entire Agreement

    These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally.

    Service Contact

    Contact bdoeditor@blackdoctor.org with questions or problems with this Website.
    Any rights not expressly granted herein are reserved.

    Last revised March 19, 2012

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