All users of the Website agree that access to and use of the Website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use the Website.
In consideration of your use of the Website, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (ii) maintain the security of your password and username; (iii) maintain and promptly update the Registration Data, and any other information you provide to MCL, to keep it accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place using your account.
Copyrights in Site Content; Limited License to Use
All content included in the Website, including, but not limited to, any designs, text, graphics, video, music, sound or code, and their selection and arrangement (the “Site Content”), is copyrighted under the United States and other copyright laws, and is the exclusive property of MCL and/or its users or licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without MCL’s prior written permission; provided, however, that the foregoing does not apply to your own User Generated Content (defined below), to the extent the same is posted legally by you on the Website. Notwithstanding the foregoing, you may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the Site Content to which you have properly gained access solely for your personal, non-commercial use, or to place an order to purchase MCL products, provided that you do not change or delete any proprietary notice from materials so displayed, downloaded or printed. Any use of the Site Content that is not expressly authorized herein, or otherwise pre-approved by MCL in writing, is strictly prohibited, and will terminate the limited license set forth above.
Trademarks / Intellectual Property
All trademarks, service marks and trade names of MCL used in the Website (including but not limited to the BlackBook name and logo) are trademarks of MCL and/or its licensors, and may not be used without MCL’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of MCL and/or its licensors.
All orders of BlackBook-related products, whether or not placed through the Website, are subject to MCL’s acceptance, which shall be exercised in MCL’s sole discretion. Without limitation, this means that MCL may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged in connection with an order for one or more BlackBook-related products that is subsequently cancelled by MCL, and such order was placed through the Website or the website of one of MCL’s authorized representatives, MCL shall cause an appropriate credit to be issued to your credit card account.
User Generated Content
McL does not, and you agree that MCL has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website (including, without limitation, in or on user reviews, bulletin boards, chat rooms, community pages or other forums as may exist on the Website from time to time) (collectively, “User Generated Content”), that MCL is not in any manner responsible for User Generated Content, that McL does not guarantee the accuracy, integrity or quality of User Generated Content, and that MCL cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, MCL is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of MCL or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that MCL has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, MCL reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content to any third party. You agree that MCL does not have any obligation to use or respond to any User Generated Content.
Any use of any content on this website, including, without limitation, User Generated Content, will be at your own risk.
The Website is for your personal, non-commercial use only. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization without MCL’s prior written consent in each instance.
You represent, warrant and agree that your User Generated Content will not violate or infringe upon the rights of any third party, including, but not limited to, any copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Website to:
- harvest or collect email addresses or other contact information of other users of the Website by electronic or other means for the purpose of sending unsolicited communications to such users;
- engage in unlawful conduct, or conduct that could damage, disable, overburden or impair the Website;
- collect information by use of automated scripts;
- upload, post, transmit, share, store or otherwise make available any content that McL, in its sole discretion, deems to be harmful, threatening, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one user account, or register for a user account other than yourself;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
- upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters or pyramid schemes;
- upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- upload, post, share or otherwise make available 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;
- upload, post, transmit, share, store or otherwise make available content that would encourage or provide instructions regarding how to commit a criminal offense;
- use or attempt to use another’s account without MCL’s prior authorization.
Use of User Generated Content and Other Information
You hereby grant MCL, and represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, fully-paid worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), prepare derivative works based on, distribute and otherwise exploit any User Generated Content or other information posted by you to the Website, or contained in any communication you may send to MCL, in any media now known or hereafter created, for any purpose, commercial, promotional, or otherwise.
Certain services available through the Website are also available through your mobile phone (the “Mobile Services”). Presently, MCL does not charge for these Mobile Services; however, it reserves the right to do so in the future. Further, your carrier’s normal fees will always apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that McL may communicate with you regarding McL and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to MCL.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written 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; and (6) 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MCL actual knowledge of facts or circumstances from which infringing material or acts are evident. MCL’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Steve Philip
Address: 32 Union Square East, 4th Floor, New York, NY 10003
We suggest that you consult your legal advisor before filing a notice with MCL’s copyright agent. You should note that there can be penalties for false claims under the DMCA.
Third-Party Goods and Services
MCL DOES NOT VOUCH FOR THE GOODS OR SERVICES OF ANY THIRD PARTY THAT MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE WEBSITE.
You agree to indemnify, defend, and hold harmless MCL, its parents, subsidiaries and affiliates, and each and all of their respective shareholders, members, officers, directors, employees, agents, licensors, licensees, suppliers, successors, assigns, agents and representatives, from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this Website.
Cookies & Web Beacons
THIS WEBSITE AND THE MATERIALS AND PRODUCTS MADE AVILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MCL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MCL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCL DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
McL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MCL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
MCL SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED ON OR THROUGH THE WEBSITE (OR THE WEBSITE OF ANY AUTHORIZED REPRESENTATIVE OF MCL) OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF MCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Last Modified: 11/27/2013.