Terms & Conditions

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The following are the terms and conditions for use of all Black Truth Journal ("Black Truth Journal") services including, without limitation, Black Truth Journal's instant messenger, email, web portal, widgets and other services which may be offered from time to time by either Black Truth Journal or any of Black Truth Journal's subsidiaries, or services for others hosted by Black Truth Journal (including private label, white label, branded and hosted), for use with your Black Truth Journal account (each feature individually and collectively referred to as the "Service"). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").

The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Black Truth Journal immediately of any unauthorized use of your account or any other breach of security.

MEMBER PRIVACY

It is Black Truth Journal's policy to respect the privacy of its members. Black Truth Journal will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Black Truth Journal has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Black Truth Journal; (3) enforce the TOS; or (4) act to protect the interests of its members or others. Black Truth Journal does provide certain user information in aggregate form to third parties, including its advertisers, for the purpose of demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. Some personal information you provide to Black Truth Journal may be stored outside of the country in which you reside. You agree that Black Truth Journal may access your account, including its contents, as stated above or to respond to service or technical issues that may or may not be brought on by yourself.

MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS

The amount of storage space per member may be limited; please contact our support staff for details. Some messages may not be processed due to space constraints or outbound message limitations. Black Truth Journal reserves the right to limit the number of messages received by any individual account or from any IP address. Storage allotments are calculated on both messages received to your account as well as any messages to others. You agree that Black Truth Journal is not responsible or liable for the deletion or failure to store messages or other information.

FEES

Black Truth Journal and its subsidiaries may charge for certain services. Entrepreneur package fee is for development; development shall be deemed complete upon account creation. Maintenance shall generally start at the beginning of a period and maintenance fees shall generally be billed at period end.

PAYMENTS AND REFUNDS

Payment for Products will be made by a valid credit card accepted by Black Truth Journal Corporation. Money Orders are accepted for prepayments of at least three (3) months. Fees are payable in U.S. dollars. If the monthly or quarterly payment options are selected or if you have previously provided your credit card for payment, you hereby authorize Black Truth Journal Corporation to charge your credit card for such amounts on a regular monthly or quarterly basis and continuing until such time as your account is terminated. If Black Truth Journal Corporation is for any reason unable to effect automatic payment via your credit card, Black Truth Journal Corporation will attempt to notify you via email and your Black Truth Journal Corporation account will be disabled until payment is received. Black Truth Journal has a no refund policy on all development but will refund monthly, quarterly and annual payments retroactively in the first 60 days of service.

MEMBER CONDUCT

As a condition of your use of the Service, you warrant to Black Truth Journal that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:

Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of Black Truth Journal, its members, or others.

Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.

Harvest or otherwise collect information about others, including user addresses, without their consent.

Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.

Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs.

Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.

Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.

Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.

Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the Service.

Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.

Black Truth Journal has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Black Truth Journal reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

ACCEPTABLE USE POLICY

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Sites, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Sites to:

· Harm or threaten to harm users or members of the general public in any way, or "stalk" or otherwise harass any other person or entity;

· Post or transmit any Content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

· Disseminate or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;

· Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;

· Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;

· Impersonate any person or entity (including a Mobile Content or Sites agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;

· Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Sites for such purpose;

· Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;

· Violate any law (whether local, state, national, or international), whether or not intentionally;

· Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Sites, or servers or networks connected to the Sites; or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;

· Post any Content related to partisan political campaigning or fundraising.

· Express or imply that any statements you make are endorsed by us;

· Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;

· Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Sites or the contents (except as expressly permitted by The Atlantic);

· Remove any copyright, trademark or other proprietary rights notices contained in the Sites;

· "Frame" or "mirror" any part of the Sites; or

· Engage in any other activity deemed by the Atlantic to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

You understand that by using the Sites, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.

LINKS TO THIRD PARTY SITES

The links included within the service may let you leave the service web sites ("linked sites"). The linked sites are not under the control of Black Truth Journal and Black Truth Journal is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Black Truth Journal is not responsible for webcasting or any other form of transmission received from any linked site. Black Truth Journal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Black Truth Journal of the site or any association with their operators.

DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Black Truth Journal and/or its respective suppliers may make improvements and/or changes in the Service at any time.

Black Truth Journal does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Black Truth Journal does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that Black Truth Journal shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Black Truth Journal is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Black Truth Journal is not responsible for any content sent using and/or included in the Service by any third party.

Black Truth Journal and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. The service is provided "as is" without warranty of any kind. Black Truth Journal and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall Black Truth Journal and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the service or related web sites, with the delay or inability to use the service or related web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability or otherwise, even if Black Truth Journal or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service and its related web sites.

INDEMNIFICATION

You agree to indemnify and hold Black Truth Journal, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

You agree to defend, at your expense, any action brought against Black Truth Journal arising out of your use of the Service with any third parties or from your willful misconduct. You will indemnify Black Truth Journal from any costs, damages and fees incurred by Black Truth Journal, which are attributable to such a claim. You will reimburse Black Truth Journal the full cost of any and all losses your use or misuse of the Service may incur, and you authorize Black Truth Journal to recover such losses without prior notice by any means.

TERMINATION

Black Truth Journal may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Black Truth Journal may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for a period of 90 days. Upon termination of the Service, your right to use the Service immediately ceases. All money earned is forfeited and all saved information may be lost indefinitely.

If you wish to terminate your account, your only recourse is to discontinue the use of the Service. Black Truth Journal shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

Black Truth Journal will immediately terminate any account, which it believes in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. Any Spam that is determined to be sent in a malicious manner may result in criminal action against the sender. Black Truth Journal will work with its users to combat both inbound and external spam messages. In the event that an account is hijacked, or a password is stolen, you should contact Black Truth Journal as soon as possible.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. Black Truth Journal shall not be responsible or liable for any part of any such dealings or promotions. In the event that payment is not credited for an action taken on a third-party promotion, Black Truth Journal will use the best of its efforts to assist a member in obtaining their payments. In no way is Black Truth Journal responsible for any payment not credited from the third party to the user.

PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Black Truth Journal, or Black Truth Journal's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content if authorized by the originator or owner for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

GENERAL

This Agreement is governed by the laws of the State of New Jersey, and the United States of America. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Black Truth Journal as a result of this Agreement or use of the Service. Black Truth Journal's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Black Truth Journal's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Black Truth Journal with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Black Truth Journal with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Black Truth Journal with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Black Truth Journal agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Black Truth Journal respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. The Black Truth Journal has the right to prohibit infringers from using our Sites.

If you believe your work has been copied and posted on or through the Sites in a way that constitutes copyright infringement, please send The Black Truth Journal's Copyright Agent a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sites (providing the URL(s) of the claimed infringing material satisfies this requirement);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d) a 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;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature.

The Black Truth Journal's Copyright Agent for notification of claimed infringement can be reached as follows: support@blacktruthjournal.com.

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, The Black Truth Journal will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on The Black Truth Journal's Site or Mobile Content. No personal user information is shared with the copyright owner unless required by law.

If The Black Truth Journal receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a "repeat copyright infringer." The Black Truth Journal reserves the right to terminate the accounts of "repeat copyright infringers."

Procedure to File a DMCA Counter-Claim

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with The Black Truth Journal's designated agent.

To be effective, a Counter-Claim must be a written communication provided to The Black Truth Journal's designated agent and must include the following information:

(a) A physical or electronic signature of the user;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(d) The user's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person;

Upon receipt of a DMCA Counter-Claim, The Black Truth Journal will provide the complaining party with a copy of the DMCA Counter-Claim. When The Black Truth Journal receives a Counter-Claim that meets the requirements of the DMCA, The Black Truth Journal will process the Counter-Claim in accordance with the requirements of the DMCA.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Black Truth Journal, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. BLACK TRUTH JOURNAL DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. SHOULD ANY PART OF THIS DISCLAIMER NOT BE ALLOWED UNDER CERTAIN JURISDICTIONS, THOSE PARTS MAY NOT APPLY TO YOU. WHERE LAWFUL, BLACK TRUTH JOURNAL RESERVES THE RIGHT TO NOMINATE THE JURISDICTION OF ITS CHOICE UNDER WHICH THIS CONTRACT WILL BE ENFORCED.

EXCLUSIVE REMEDY

Black Truth Journal's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Black Truth Journal for use of the Service less any payments received by the member. In no event shall Black Truth Journal be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Black Truth Journal has been advised of the possibility of such damages.

MODIFICATIONS TO TERMS OF SERVICE AND MEMBER POLICIES

Black Truth Journal reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on the Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT INCLUDING THE PRIVACY POLICY, THE COMPANY IS UNWILLING TO OFFER YOU THE SERVICE. YOU SHOULD LEAVE THE SITE.

CONTACTING US

If you have questions about the Service or this Agreement, please contact support@blacktruthjournal.com.