BFM Terms of Use

(As of September 1, 2005)

Copyright 2004 Lynx, Ltd.

1. Acceptance of Terms of Use
The Black Family Magazine is provided free of charge to you (unless otherwise indicated), by Lynx Ltd. and its subsidiaries and affiliates that utilize these Terms of Use ("Black Family Magazine"). Black Family Magazine is defined as all English language United States based web sites, web pages and channels owned controlled and/or operated by Lynx Ltd. where these Terms of Use are posted, including but not limited to all content, tools, quizzes, digital products, events, courses and/or products appearing throughout the site. Although portions of the Black Family Magazine may be viewed simply by visiting the web site, in order to access the message boards and/or receive additional services from Black Family Magazine you need to sign on as a guest or register as a member of the Black Family Magazine. If you sign on to Black Family Magazine as a guest, these Terms of Use will govern your use of the Black Family Magazine, including access to message boards and other features. If you register as a member of the Black Family Magazine, these Terms of Use will govern your use of Black Family Magazine, including access to message boards, chat rooms, the e-mail account and personal website that may be provided to you in connection with Black Family Magazine and other features. BY SIGNING ON TO THE BLACK FAMILY MAGAZINE NETWORK AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE Terms of Use AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Use, together with any applicable additional Terms of Use posted in connection with a particular service, product digital product, event or course govern your use of Black Family Magazine and all services, products, digital products events and courses provided in connection with Black Family Magazine, including but not limited to any course, service, product, digital product, events or personal website provided to you by Black Family Magazine. Black Family Magazine shall not be liable to you for any breach of these Terms of Use. If you do not agree to these Terms of Use, please do not register for or enter Black Family Magazine. The Terms of Use for your continued use of Black Family Magazine will be available throughout the Black Family Magazine. Please check these areas before using Black Family Magazine to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate your registration with Black Family Magazine immediately by (i) notifying Black Family Magazine of your unwillingness to accept the changes to the Terms of Use; and (ii) discontinuing your use of Black Family Magazine. Your continued use of the Black Family Magazine will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Black Family Magazine, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

From time to time Black Family Magazine may supplement these Terms of Use with additional terms pertaining to specific content, services, products. digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Black Family Magazine to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

2. Registration Information/Privacy Policy
When you register for the Black Family Magazine, you will be required to provide Black Family Magazine with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide Black Family Magazine with additional information, including your mailing address, household income, education, marital status and employment status.

Any information provided by you or gathered by Black Family Magazine or third parties during any visit to Black Family Magazine shall be subject to the terms of Black Family Magazine’s Privacy Policy, which are incorporated herein by reference. Click here if you wish to read Black Family Magazine’s Privacy Policy. Black Family Magazine reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.

Black Family Magazine reserves the right to (i) terminate your membership and access to any specific content , services, digital products, products courses or events, and (ii) remove your personal Black Family Magazine website, if Black Family Magazine learns that you have provided Black Family Magazine with false or misleading registration information.

3. Termination
Black Family Magazine reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your registration(s) with or ability to access Black Family Magazine and/or any other service, specific content, digital products, products, courses or events, provided to you Black Family Magazine, including any personal web site, upon any breach by you of these Terms of Use or otherwise.

4. Modifications of these Terms of Use
Black Family Magazine may modify these Terms of Use from time to time in its sole discretion. Each time you log on to Black Family Magazine, you will be deemed to have accepted any such changes. In the event we modify these Terms of Use, we reserve the right (at Black Family Magazine's discretion) to provide you notice of such changes to any e-mail address you have provided to Black Family Magazine, or post office address you have provided to Black Family Magazine.

5. Modifications of Black Family Magazine
Black Family Magazine may modify or discontinue Black Family Magazine, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

6. Content of Messages
You alone are responsible for the content of your messages, and any consequences of such messages. Black Family Magazine reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

Any use by you of any other subscriber's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. Black Family Magazine is to be used by you for your personal use only. Commercial uses of Black Family Magazine are strictly prohibited unless prior written consent from Black Family Magazine has been granted. You agree that you will not use Black Family Magazine for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

You further agree not to use Black Family Magazine to send or post on message boards or any place on Black Family Magazine, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by Black Family Magazine in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Black Family Magazine. Black Family Magazine reserves the right to delete any such material from Black Family Magazine. Black Family Magazine will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 6.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Black Family Magazine. You further agree not to use an inappropriate member name of any kind.

You agree not to post or use Black Family Magazine to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) Black Family Magazine permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to Black Family Magazine, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on Black Family Magazine is not protected by Rights rests with you. You acknowledge that Black Family Magazine may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of Black Family Magazine, including message boards, forums, contests, personal websites and chat rooms, you grant Black Family Magazine a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Black Family Magazine retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON BLACK FAMILY MAGAZINE, YOU HEREBY EXPRESSLY PERMIT BLACK FAMILY MAGAZINE TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY BLACK FAMILY MAGAZINE'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

7. Third Party Services
You may order services or merchandise through Black Family Magazine from other persons not affiliated with Black Family Magazine ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Black Family Magazine makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Black Family Magazine nor will Black Family Magazine be construed as a party to such transactions, whether or not Black Family Magazine may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

Black Family Magazine may include special routing icons which may be located within Black Family Magazine, the activation of which will allow you to access and learn more about Black Family Magazine and other services provided by Black Family Magazine whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

8. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Black Family Magazine of any unauthorized use of your registration or password.

9. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on Black Family Magazine may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to General Counsel, Black Family Magazine, P.O. Box 857, Jefferson Valley, NY 10533, send a detailed e-mail message to feedback@blackfamilymag.com or call 866.809.3392.

10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE BLACK FAMILY MAGAZINE NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH BLACK FAMILY MAGAZINE, IS AT YOUR SOLE RISK. THE BLACK FAMILY MAGAZINE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLACK FAMILY MAGAZINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

BLACK FAMILY MAGAZINE MAKES NO WARRANTY THAT BLACK FAMILY MAGAZINE WILL MEET YOUR REQUIREMENTS, OR THAT BLACK FAMILY MAGAZINE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BLACK FAMILY MAGAZINE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BLACK FAMILY MAGAZINE. BLACK FAMILY MAGAZINE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF BLACK FAMILY MAGAZINE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BLACK FAMILY MAGAZINE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT BLACK FAMILY MAGAZINE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH BLACK FAMILY MAGAZINE. BLACK FAMILY MAGAZINE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BLACK FAMILY MAGAZINE NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN BLACK FAMILY MAGAZINE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. BLACK FAMILY MAGAZINE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

BLACK FAMILY MAGAZINE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN BLACK FAMILY MAGAZINE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN BLACK FAMILY MAGAZINE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLACK FAMILY MAGAZINE OR THROUGH BLACK FAMILY MAGAZINE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

BLACK FAMILY MAGAZINE MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH BLACK FAMILY MAGAZINE OR ANY TRANSACTIONS ENTERED INTO THROUGH BLACK FAMILY MAGAZINE.

BLACK FAMILY MAGAZINE IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE BLACK FAMILY MAGAZINE. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH BLACK FAMILY MAGAZINE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST BLACK FAMILY MAGAZINE WITH RESPECT TO SUCH SITES.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, BLACK FAMILY MAGAZINE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. BLACK FAMILY MAGAZINE SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON BLACK FAMILY MAGAZINE, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY BLACK FAMILY MAGAZINE AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON BLACK FAMILY MAGAZINE, YOU WAIVE ANY CLAIMS AGAINST BLACK FAMILY MAGAZINE FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.

11. Limitation of Liability
BLACK FAMILY MAGAZINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE BLACK FAMILY MAGAZINE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH BLACK FAMILY MAGAZINE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF BLACK FAMILY MAGAZINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. E-Mail Message Storage
Black Family Magazine assumes no responsibility for the deletion of or failure to store e-mail messages.

13. Promotional Messages
Black Family Magazine and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Black Family Magazine makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Black Family Magazine nor such third party shall have any liability with respect thereto.

14. Indemnification
You agree to indemnify and hold each of Black Family Magazine, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Black Family Magazine, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

15. Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering the Black Family Magazine, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.

16. Remedies for Breach of these Terms by You
In the event that Black Family Magazine determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for Black Family Magazine, Black Family Magazine reserves the right to (i) warn you via email (to any email address you have provided to Black Family Magazine) that you have violated these Terms of Use; (ii) delete any or all content provided by you or your agent(s) to Black Family Magazine; (iii) discontinue your registration(s) Black Family Magazine and/or any other Black Family Magazine community; (iv) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through Black Family Magazine; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Black Family Magazine deems to be appropriate.

IIf your registration(s) with or ability to access Black Family Magazine, any other Black Family Magazine community and/or any other service, product, content, course, event, tool or digital product provided to you by Black Family Magazine is discontinued by Black Family Magazine due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the community of Black Family Magazine, then you agree that you shall not attempt to re-register with or access Black Family Magazine, any other Black Family Magazine community and/or any other digital product, course content or service provided by Black Family Magazine, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Black Family Magazine reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.

17. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Black Family Magazine may assign its rights and obligations under these Terms of Use and upon such assignment Black Family Magazine may be relieved of any further obligation hereunder.

You represent to Black Family Magazine that you have the authority to register with or visit Black Family Magazine according to these Terms of Use Black Family Magazine does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit Black Family Magazine.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on Black Family Magazine by Black Family Magazine) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Black Family Magazine, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

Black Family Magazine reserves the right to terminate free access to Black Family Magazine including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Black Family Magazine reserves the right (at Black Family Magazine 's discretion) to provide you with notice of such change by prominently posting a notice on Black Family Magazine and/or sending written notice to you at any e-mail and/or post office address you have provided to Black Family Magazine. Once free access is terminated Black Family Magazine may charge each subscriber any applicable fee, surcharge and/or membership fee for access to Black Family Magazine and/or any for-pay content, services, digital products, products, events, tools or products.

 Back to top      Related...        Home