- ATTN: TERMS OF USE
- BlackWebPortal.com
- dba: KemNet Technologies, Inc.
- 4250 ALAFAYA TRAIL, Suite 212 No. 329
- Orlando, Florida 32765
1.0 Please note that you use this site at your own risk. We are not
responsible for any link you may travel to or any partner of KemNet you
may work with. We are not responsible for the accuracy of our content and
we are not responsible for content added to our forums, guestbooks, and/or
content partner area. We are not responsible for purchases you make at
a site linked to KemNet and we are not responsible for sites that scam
users via phishing schemes and/or the improper usage of our brand.
1.1 This agreement governs your use of the KemNet Internet information service
(the "Service"), including the Black Business Link and Black Info Search
(the "Exclusive Web Search"), which is operated by KemNet, a unit of KemNet Technologies
("KemNet"). Additional terms and conditions of use applicable to specific areas of
the Service may also be posted in such areas and, together with this agreement, govern
your use of those areas. This agreement, together with any such additional term and
conditions, are referred to as this "Agreement."
1.2 KemNet reserves the right, in its discretion, to change or modify all or any
part of this Agreement at any time, effective immediately upon notice published on the
Service. Your continued use of the Service constitutes your binding acceptance of these
terms and conditions, including any changes or modifications made by KemNet as permitted
above. If at any time the terms and conditions of this Agreement are no longer acceptable
to you, you should immediately cease all use of the Service.
2. Use of Content.
2.1 You acknowledge that the Service contains information, software, photographs,
audio and video clips, graphics, links and other material (collectively, the "Content")
that are protected by copyright, trademark or other proprietary rights of KemNet or third
parties. All Content on the Service is copyrighted as a collective work of KemNet pursuant
to applicable copyright law. You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available on or accessed through
the Service. Users of the Service may use the Content only for their personal, noncommercial
use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display, or in any way exploit any of the
Content, in whole or in part, except as expressly permitted in this Agreement. Content
consisting of downloadable software may not be reverse engineered unless specifically
authorized by the owner of the software's patent and/or copyright. You may post on the
Service any Content owned by you (such as your original statements), Content for which
you have received express permission from the owner and Content in the public domain.
You assume all risk and responsibility for determining whether any Content is in the
public domain. You grant to KemNet the right to edit, copy, publish, distribute, translate
and otherwise use in any medium any Content that you place on the Service without
compensation to you. You represent and warrant that you are authorized to grant all rights
set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own personal use, provided
that you maintain all copyright and other notices contained in such Content. You shall
not store electronically any significant portion of any Content. Except as expressly
permitted by the copyright laws, no copying, storage, redistribution or publication of
any Content is permitted without the express permission of KemNet or the owners of such
Content or their authorized persons, if other than KemNet. You may download from the
Service any Content in the public domain for your own personal use or for non-commercial
redistribution.
3. Rules of Conduct. You shall not post on the Service any
Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or
threatening, (b) contains viruses or other contaminating or destructive features,
(c) violates the rights of others, such as Content which infringes any copyright,
trademark, patent, trade secret or violates any right of privacy or publicity, or
(d) otherwise violates any applicable law. You may not post on the Service any links
to any external Internet sites that are obscene or pornographic. You shall not use the
Service for any commercial purpose, to distribute any advertising or solicitation of funds
or goods and services or to solicit users to join competitive online services.(e) Present
lifestyles contrary to the what the owners post as lifestyles.
4. Managing Content. KemNet does not and cannot review the
Content posted by users on the Service and is not responsible for such Content. However,
KemNet reserves the right to delete, move or edit any Content (including Content posted
in any Interactive Area) that it may determine, in its sole discretion, violates this
Agreement or is otherwise unacceptable. You shall remain solely responsible for all
Content posted by you. KemNet shall have the right, but not the obligation, to correct
any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 KemNet does not represent or endorse the accuracy or reliability of any Content
posted on any Interactive Area and you acknowledge that any reliance upon such Content shall
be at your sole risk. Any Content placed on any Interactive Area by users are the views of the
user posting the statement, and do not represent the views of KemNet.
5.2 The Service may contain links to sites on the Internet which are owned and operated
by third parties (the "External Sites"). You acknowledge that KemNet is not responsible for the
availability of, or the content located on or through, any External Site. You should contact the
site administrator or Webmaster for those External Sites if you have any concerns regarding such
links or the content located on such External Sites.
6. Indemnity. You agree to indemnify, defend and hold KemNet and
its affiliates, and their respective officers, directors, owners, agents, information providers
and licensors (collectively, the "KemNet Parties") harmless from and against any and all claims,
liability, losses, costs and expenses (including attorneys' fees) incurred by any KemNet Party
in connection with any use or alleged use of the Service under your password by any person,
whether or not authorized by you. KemNet reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, and in
such case, you agree to cooperate with KemNet's defense of such claim.
7. Termination of Service. KemNet reserves the right, in its sole
discretion, to restrict, suspend or terminate your access to all or any part of the Service,
including the Interactive Areas, at any time for any reason without prior notice or liability.
KemNet may change, suspend or discontinue all or any aspect of the Service at any time,
including the availability of any feature, database, or Content (including the Interactive Areas),
without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 Neither kemnet nor any provider of third party content or their respective agents warrants
That the service will be uninterrupted or error free; nor does kemnet, any third party content
Provider, or their respective agents make any warranty as to the results to be obtained from use of
The service or the content. The service and the content are distributed on an "as is, as available"
Basis. None of kemnet, third party content providers and their respective agents make any
Warranties of any kind, either express or implied, including, without limitation, warranties
Of title or implied warranties of merchantability or fitness for a particular purpose, with
Respect to the service, any content or any products or services sold through the service.
Neither kemnet nor any third party content provider warrants that any files available for
Downloading through the service will be free of viruses or similar contamination or destructive
Features. You expressly agree that the entire risk as to the quality and performance of the
Service and the accuracy or completeness of the content is assumed solely by you.
8.2 Neither kemnet, any third party content provider nor their respective agents shall be
Liable for any direct, indirect, incidental, special or consequential damages arising out of the
Use of or inability to use the service, even if such party has been advised of the possibility of
Such damages.
8.3 some states do not allow exclusion of implied warranties or limitation of liability
For incidental or consequential damages, so the above limitations or exclusions may not apply
To you. In such states, the liability of kemnet, third party content providers and their
Respective agents shall be limited to the greatest extent permitted by law.
9. Miscellaneous. This Agreement shall be construed in
accordance with the laws of the State of New Jersey, and the parties irrevocably consent
to bring any action to enforce this Agreement in the federal or state courts located in
New Jersey, NJ, the Borough of Eatontown. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and supersedes all previous
written or oral agreements between the parties with respect to such subject matter. If
any inconsistency exists between the terms of this agreement and any additional terms and
conditions posted on the Service, such terms shall be interpreted as to eliminate any
inconsistency, if possible, and otherwise, the additional terms and conditions shall
control. Sections 2, 3, 7, 8, 10 and 11 shall survive any termination of this Agreement
as well as any other provisions which by their terms or sense are intended to survive.