(Last updated May 14, 2008)
Welcome to the BlackBook Mobile™ service. BlackBook Mobile™, Inc. doing business as BlackBook Mobile™ (hereinafter referred to as BlackBook Mobile™) provides its service and related software (collectively, the Service ) subject to these Terms of Service.
IMPORTANT READ CAREFULLY: PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING THE SERVICE VIA THE WEB OR MOBILE PHONE. THESE TERMS OF SERVICE (THIS AGREEMENT) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND BlackBook Mobile™. BY COMPLETING THE BlackBook Mobile™ REGISTRATION PROCESS OR OTHERWISE ACCESSING OR POSTING CONTENT ON THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE BUTTON BELOW ACCEPTING THIS AGREEMENT AND DO NOT USE THE SERVICE.
DATA USAGE: YOUR USE OF THE SERVICE INVOLVES THE TRANSMISSION OF DATA TO AND FROM YOUR MOBILE PHONE, WHICH MAY BE SUBJECT TO CARRIER DATA CHARGES. FOR THIS REASON MOBILESERVICE RECOMMENDS THAT YOU OBTAIN AN UNLIMITED DATA PLAN FROM YOUR WIRELESS SERVICE PROVIDER. REVIEW YOUR WIRELESS PLAN OR CONTACT OR CARRIER ABOUT PRICING BEFORE USING THE SERVICE. BlackBook Mobile™ WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES INCURRED IN CONNECTION WITH THE SERVICE. IN THE EVENT THAT YOU CHANGE OR DEACTIVATE YOUR MOBILE TELEPHONE NUMBER, YOU AGREE TO PROMPTLY UPDATE YOUR ACCOUNT INFORMATION TO ENSURE THAT THERE IS NO TRANSMISSION OF DATA FROM THE SERVICE TO THE PERSON THAT ACQUIRES YOUR OLD NUMBER.
MODIFICATIONS: BlackBook Mobile™ reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement at any time. When this Agreement is modified, BlackBook Mobile™ will revise the Last Updated date above. It is your responsibility to check the terms in this Agreement periodically for changes. Your continued use of the Service following the posting of changes to the Agreement will be subject to the then current Terms of Service, which shall supersede all earlier versions.
To take full advantage of the Service, you need to have a computer with Internet access and a mobile phone and wireless services with necessary wireless data features. You are solely responsible for all equipment and services (and related costs and expenses) necessary to use the Services. You acknowledge and agree that by using the Services you may incur charges from your wireless carrier, depending upon the Your wireless plan, as use of the Service involves use of mobile voice and data features which include SMS notifications sent to you and by you through the Service. You can withdraw your consent to receive such SMS notifications by contacting us at support@blackbookmobile.com. However, you will no longer be able to use the Services.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Use of the Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that your use of the Service will not violate any applicable law or regulation. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
Any fees or payments due to BlackBook Mobile™ in connection with the Service are payable in advance and are not refundable in whole or in part except as expressly specified in this Agreement.
Use of the Service and downloading the BlackBook Mobile™ application to your mobile device require a data connection through your wireless carrier. You may incur data charges in connection with your use of the Service. You are solely responsible for any charges that you incur with your wireless carrier in connection with your use of the Service.
BlackBook Mobile™ does not provide you with the equipment to access the Service or to use the Software. You are responsible for all fees charged by third parties to access the Service (e.g., data charges by wireless carriers).
BlackBook Mobile™ reserves the right to modify or discontinue, temporarily or permanently, all or part of the Service without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees that you have paid in advance if we permanently discontinue the Service.
Your use of the Service is governed by the BlackBook Mobile™ Privacy Policy, which is available at http://www.blackbookmobile.com and incorporated by reference into these terms.
You acknowledge that you are responsible for the information and material that you (or your representatives) submit to the Service or transmit through the Service (your Submissions ), and that you, and not BlackBook Mobile™, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, and originality. Unless otherwise expressly stated in this Agreement or in the BlackBook Mobile™ Privacy Policy, you agree that any Submission provided by you in connection with your use of the Service is provided on a non-proprietary and non-confidential basis.
You will retain all ownership rights in your Submissions. However, by submitting your Submissions to BlackBook Mobile™, you hereby grant to BlackBook Mobile™, a non-exclusive, fully paid, royalty-free, worldwide license (with the right to sublicense through multiple tiers of sublicensees) to use, copy, modify, adapt, transmit, and distribute your Submissions on and through the Service. You further represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any Submissions.
BlackBook Mobile™ does not actively monitor your postings to the Service. However, in our efforts to promote good citizenship within the BlackBook Mobile™ community, if BlackBook Mobile™ becomes aware of inappropriate use of the Service, BlackBook Mobile™ may respond in any way that BlackBook Mobile™ deems appropriate in its sole discretion. You acknowledge that BlackBook Mobile™ may report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, BlackBook Mobile™ may cooperate with law enforcement agencies in any investigation of alleged illegal activity.
BlackBook Mobile™ may remove any Submission that BlackBook Mobile™ determines, in its sole discretion, violates the terms of this Agreement or are otherwise deemed by BlackBook Mobile™ to be inappropriate for posting.
BlackBook Mobile™ asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Submissions to or otherwise using the Service, you agree not to:
BlackBook Mobile™ reserves the right to investigate and take legal action against anyone who, in BlackBook Mobile™'s sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or Submissions, and terminating your access to the Service.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You agree that your BlackBook Mobile™ profile (or other Submissions) will not include any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Notwithstanding the foregoing, you acknowledge that BlackBook Mobile™ does not, and can not, actively monitor submissions for content, and therefore you may be exposed to inaccurate, inappropriate, offensive or sexually explicit material posted by other users to the Service, and BlackBook Mobile™ assumes no responsibility or liability for this material. If you become aware of any inappropriate content posted to the Service, please notify blackbookmobile by email at http://www.blackbookmobile.com/support. BlackBook Mobile™ does not endorse and has no control over profile information or other Submissions. Profile information and other Submissions are not necessarily reviewed by BlackBook Mobile™ prior to posting and do not necessarily reflect the opinions or policies of BlackBook Mobile™.
Any materials on the Service that are provided by BlackBook Mobile™ or its licensors, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the Materials ) are copyrighted materials owned by or licensed to BlackBook Mobile™. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by BlackBook Mobile™ and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Service, you are hereby authorized to view, download, cache, copy and print the Materials (exclusive of software code) solely for personal use and not for resale or further distribution, subject to the following conditions:
Nothing contained in the Service shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ( IP Rights ) of BlackBook Mobile™, its affiliates, or any third party, and, except as expressly provided in this Agreement all such IP Rights in the Materials and the Service are expressly reserved to BlackBook Mobile™, its affiliates, and any third party, as applicable.
BlackBook Mobile™ respects the intellectual property rights of others, and asks you to do the same. It is the policy of BlackBook Mobile™ to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact BlackBook Mobile™ at the address below and provide the following information: (1) an electronic or physical signature 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, and identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) 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; and (5) 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.
BlackBook Mobile™'s designated agent for notice of copyright infringement can be reached at:
BlackBook Mobile™.
Attention: Copyright Compliance Officer
28 East 400 South
Salt Lake City, Ut. 84102
Phone: (888) 480-4583
Facsimile: (801) 485-0209
Email: copyright@blackbookmobile.com
You agree that you will only use the Service for personal use and not in connection with any commercial endeavors, including without limitation, advertisements, affiliate links, and other forms of solicitation, the posting of which may be removed from your profile without notice and may result in termination of your access to the Service.
You are granted a limited, nonexclusive right to create a "hypertext" link to the BlackBook Mobile™ website provided that such link does not portray BlackBook Mobile™ or any of its products, services or users in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any BlackBook Mobile™ trademark, logo or trade name or other proprietary information including the images found at the BlackBook Mobile™ website, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of BlackBook Mobile™.
The Service may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by BlackBook Mobile™. If you use these links, you may leave the BlackBook Mobile™ Service. BlackBook Mobile™ has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. BlackBook Mobile™ does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Service, you do so entirely at your own risk.
The Service may contain advertising and other mention or offers of third-party products and services. BlackBook Mobile™ makes no recommendations or endorsements about third-party products and services. Third-party products and services (and references thereto) are provided by BlackBook Mobile™ as is, without warranty of any kind, either express, implied or statutory, including, without limitation, the implied warranties of non-infringement of third party rights, merchantability, and fitness for a particular purpose.
Certain areas of the Service may be password restricted to registered users ( Password-Protected Areas ). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify BlackBook Mobile™ if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify BlackBook Mobile™ of any unauthorized use of your account or any other breach of security in relation to your password or the Service that is known to you.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. BlackBook Mobile™ MAKES NO, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS, THE ACCURACY, TIMELINESS, RELEVANCE OR COMPLETENESS OF THE SERVICE OR ANY OTHER WARRANTIES REGARDING THE SERVICE, CONTENT, OR THE QUALITY, SUITABILITY OR TRUTH OF ANY CONTENT CONTAINED ON THE SERVICE OR INCLUDED AS PART OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT BlackBook Mobile™ DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BlackBook Mobile™ SPECIFICALLY DENIES ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH OUR SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF DATA, OR DATA OR SERVICE CHARGES THAT RESULT FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE.
YOU AGREE THAT BlackBook Mobile™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR INABILITY TO USE THE SERVICE OR ANY CONTENT APPEARING ON THE SERVICE. IN NO EVENT WILL BlackBook Mobile™ BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER MOBILESERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF MOBILESERVICE FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU TO MOBILESERVICE, IF ANY, FOR THE SERVICE DURING THE SIX MONTHS IMMEDIATLY PRECEEDING THE EVENT GIVING RISE TO SUCH DAMAGES.
If you violate this Agreement, BlackBook Mobile™ reserves the right to terminate service to you without notice. You understand that BlackBook Mobile™ has the right to terminate any account for any reason that BlackBook Mobile™ interprets as abuse of the service.
You agree to defend, indemnify and hold harmless BlackBook Mobile™, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs of debt, and expenses (including but not limited to attorneys � fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Submissions caused damage to a third party. This defense and indemnification obligation will survive the expiration or termination of this Agreement for any reason and your use of the Service.
BlackBook Mobile™ operates the Service from its facilities in the United States of America and makes no representation that the Service is appropriate or will be available for use in other locations. If you use the Service from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Service, your Submissions and any third party content.
Enforcement of this Agreement will be governed by the laws of the State of Utah, USA, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Service will lie in the District Court, Salt Lake County in the State of Utah, or the United States District Court for the State of Utah, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of BlackBook Mobile™ to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by BlackBook Mobile™ in writing. In the event that a court of competent jurisdiction finds any provision of this agreement to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or in part by BlackBook Mobile™ without restriction.
YOU AND BlackBook Mobile™ AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be Salt Lake City, Utah and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the BlackBook Mobile™ will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Service (including your use of the Service) be instituted more than three (3) years after the cause of action arose.
BlackBook Mobile™ can be reached using the following contact information:
BlackBook Mobile™
Attn: Customer Service
28 East 400 South
Salt Lake City, Ut. 84102
Phone: (888) 480-4583
Facsimile: (801) 485-0209
Email: support@blackbookmobile.com
