PLEASE READ TERMS OF USE (amended as of September 4, 2001) BEFORE USING THIS SERVICE. BY CONTINUING TO USE THIS SERVICE, YOU AGREE TO ABIDE BY THE CONDITIONS OF THIS AGREEMENT, AS AMENDED FROM TIME TO TIME.
Black PressUSA.com™ is the online news, information and knowledge Web site ("Site") owned and operated by the National Newspaper Publishers Association, Inc. (NNPA), consisting of information services and proprietary content, links, search capabilities and other Internet resources provided by NNPA, affiliates of NNPA and third parties. Your use of this Site constitutes your agreement to the terms, conditions and notices below. If you do not agree with these Terms of Use, please do not use this Site. NNPA reserves the right to change, modify, add or remove portions of these Terms of Use at any time. You agree to be bound by such changes once they have been posted.
Copyright and Trademark Protection
All Content in this Site, including site layout, "look and feel", functionalities, design, text, images, graphics, video and audio content ("Content") are the property of NNPA, its affiliated companies or licensors and are protected by international copyright and trademark laws. You may not publish, copy, display, distribute, transmit, perform, modify, create derivative works from, or sell any Content, information, products or services obtained from this Site, except as otherwise expressly permitted under applicable law or as described in these Terms of Use.
Use and Downloading Content
You may print or download Content on the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from NNPA. Nor may you mirror on your own site the home page or results pages of this Site. Use of the Content on this Site for any purpose not expressly permitted in these Terms of Use is prohibited.
If you (or a legal entity you control) own and operate a Web site or engage in other Internet activity, such as electronic commerce, communication, publishing and transmission, and want to download, post, publish or use Content for any such Web site or Internet activity, you may need a permission from NNPA, even though your Web site or Internet activity is free of charge.
Requests to use the Content for any purpose other than as permitted in this Agreement should be sent in writing to NNPA Permissions Desk at 3200 13th Street, N.W. Washington, D.C. 20010. In certain cases, you may be able to obtain a license to use individual stories that appear on BlackPressUSA.com™ 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.
Links to, and frames of, BlackPressUSA.com™. If you operate a Web site and wish to link to BlackPressUSA.com™, you may link only to the home page, www.BlackPressUSA.com™, and not to any other page or subdomain of BlackPressUSA.com™. 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 BlackPressUSA.com™ without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through BlackPressUSA.com™, not to insert any code or product or manipulate the content of BlackPressUSA.com™ 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 BlackPressUSA.com™.
Membership and Registration. Certain areas of BlackPressUSA.com™ 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 BlackPressUSA.com™. You may also provide information to BlackPressUSA.com™ in other contexts, including for example in order to enter a sweepstakes or promotion. If you provide any information to BlackPressUSA.com™ in any 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 BlackPressUSA.com™ that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms). You agree that BlackPressUSA.com™ may use the information you provide to us according to the Privacy Policy on our site.
User-Created Content. By placing material on, or communicating with, BlackPressUSA.com™, including for example communication during registration, communication on any BlackPressUSA.com™ bulletin board or message or chat area, posting any resume or photograph, 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 Use, and that it will not cause injury to any person or entity. You grant NNPA, its affiliates and related entities, including BlackPressUSA.com™, 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 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 NNPA to include the information you provide in a searchable format that may be accessed by users of BlackPressUSA.com™ and other NNPA Web sites. You also grant NNPA 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 NNPA 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 BlackPressUSA.com™ does not accept unsolicited Content or ideas for use or publication. BlackPressUSA.com™ is not responsible for the similarity of any of its content or programming in any media to Content or ideas transmitted to BlackPressUSA.com™.
Other Specifics About Interactive Areas (Message Boards, Chat Areas, etc.). BlackPressUSA.com™ bulletin boards, chat rooms 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 BlackPressUSA.com™ and the volume of messages and postings, BlackPressUSA.com™ 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. BlackPressUSA.com™ 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.
Posting Rules. Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of BlackPressUSA.com™, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by BlackPressUSA.com™ in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using BlackPressUSA.com™, please do not post material that:
contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial, religious or sexual nature, or expressions of bigotry, racism, discrimination or hate.
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
violates any right of BlackPressUSA.com™ or any third party.
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
unfairly interferes with any third party's uninterrupted use and enjoyment of BlackPressUSA.com™.
advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
uploads copyrighted or other proprietary material of any kind on BlackPressUSA.com™ without the express permission of the owner of that material.
uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Use.
includes images, photos, or articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
uploads or transmits viruses or other harmful, disruptive or destructive files.
disrupts, interferes with, or otherwise harms or violates the security of BlackPressUSA.com™, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through BlackPressUSA.com™ or affiliated or linked sites.
"flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
Communications with Third Parties Through BlackPressUSA.com™. Your dealings or communications through BlackPressUSA.com™ with any party other than BlackPressUSA.com™ are solely between you and that third party. For example, certain areas of BlackPressUSA.com™ 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 BlackPressUSA.com™ be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to Content provided by third parties should be forwarded directly to that third party.
Disclaimer of Warranties
Neither NNPA, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation: that the operation BlackPressUSA.com™ will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the materials on the Site; or as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided on or accessible from the Site.
BLACKPRESSUSA.COM™ AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH NNPA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF BLACKPRESSUSA.COM™ IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL NNPA, ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE OR NONPERFORMANCE OF THIS SITE, EVEN IF BLACKPRESSUSA.COM™ OR NNPA WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Indemnification
You agree to indemnify and hold harmless NNPA, its directors, officers, managers, employees, shareholders, parent, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Terms of Use, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
International Users. BlackPressUSA.com™ is controlled, operated and administered by NNPA from its offices within the United States. BlackPressUSA.com™ makes no representation that materials or Content available through BlackPressUSA.com™ 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 BlackPressUSA.com™ or export the Content in violation of U.S. export laws and regulations. If you access BlackPressUSA.com™ from a location outside the United States, you are responsible for compliance with all local laws.
Miscellaneous: NNPA may modify, suspend, discontinue or restrict the use of any portion of BlackPressUSA.com™, including the availability of any portion of the Content at any time, without notice or liability. NNPA may deny access to any person or user at any time for any reason. In addition, NNPA (or BlackPressUSA.com™) may at any time transfer its rights and obligations under this Agreement to any NNPA affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires NNPA, BlackPressUSA.com™ or any of their assets.
These Terms of Use will be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to BlackPressUSA.com™ must be filed in a federal or state court located in Washington, D.C., within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of BlackPressUSA.com™ 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 BlackPressUSA.com™, and all other provisions for which survival is equitable or appropriate.
Copyright Complaints. BlackPressUSA.com™ 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 BlackPressUSA.com™, please contact us at the address listed below.
Entire Agreement. This contract constitutes the entire agreement between you and BlackPressUSA.com™ and supersedes all prior or contemporaneous communications and proposals between you and BlackPressUSA.com™ , NNPA News Service or any of its affiliates.
Contact BlackPressUSA.com™ or NNPA at the following address:
