Black and White Program

Black and White Terms of Use

Last updated November 14, 2007

You Agree to These Terms by Using this Site

Your access to, and use of, this Website (collectively referred to as the “Site”) is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and Black and White are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately, not use the files herein, and/or not subscribe to this service.

Limitations of Use

The information and materials on this website are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Black and White services and products, or for your personal use of any tools and downloads available on this site. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this website for any commercial, non-commercial or any other purpose not outlined in the Black and White Rights and Permissions Information.

Privacy

Personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Black and White in accordance with the Black and White Privacy Policy.

Disclaimer of Warranties

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Black and White neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, Black and White assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

Exclusion of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BLACK AND WHITE, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Third Party Disclaimer

Black and White may provide hyperlinks to third party websites or other resources solely for your convenience. Black and White does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Black and White specifically disclaims any responsibility if such sites: · infringe any third party’s intellectual property rights; · are inaccurate, incomplete or misleading; · are not merchantable or fit for a particular purpose; · do not provide adequate security; · contain viruses or other items of a destructive nature; or · are libelous or defamatory. Neither does Black and White endorse the content, or any products or services available, on such sites. If you visit such sites or establish a link to such sites or the Site, you do so at your own risk and without the permission of Black and White.

Copyrights

Any Content downloaded by you from this website, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively referred to as the “Content”) is licensed to you by Black and White. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on the Site. This website contains copyrighted materials, animations, photographs, images, videos, footage, text, music, and sounds (collectively referred to as the “Content”) which is owned by Black and White or its licensors. It is illegal to duplicate, download or distribute any Content from this Site except for your use. You may not use photos or images of people or identifiable entities in any manner that suggests the endorsement or association of any product or service or in connection with any pornographic or immoral materials. If you believe that content appearing on the Site constitutes copyright infringement of another party’s rights, please contact us at: inquries@www.blackandwhiteprogram.com

Revisions to the Terms

Black and White may at any time, and without notice, revise this Terms of Use statement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use statement.

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