TERMS AND CONDITIONS OF USE
LittleBlackPages.com site is an Internet property of Libra3, Inc. (“we”, “us”, or the “Company”). PLEASE READ THE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE.
Eligibility. LittleBlackPages.com is not targeted to, nor is it intended for use by anyone under age 13 years of age. By using the Site, you represent and warrant that you are at least 13 years of age or older. If you are not at least 13 years of age, please do not access, use or register for the Site. In the event we become aware you are under 13 years of age we will terminate your registration.
By accessing or using our website at www.littleblackpages.com (the “Site”), you (the “user”) signify that you have read, understand and agree to be bound by these Terms and Conditions of Use (“Terms of Use” or “Agreement”), whether or not you list information on this site or merely view the service.
If you do not agree to the terms of this Agreement, you must immediately, without reservation, discontinue and terminate your access to and use of the Site. The features, benefits, and content of this Site are for the exclusive benefit of those persons who agree to these terms.
You also agree that you have read the privacy policy of our site and accept the privacy policy.
We may modify these terms at any time without notice to you by posting revised terms on our site. Continued use of the site constitutes your binding acceptance of any modifications. If we modify terms, we will post the changes to these terms of use on this page and will indicate at the top of the page the date these terms were last revised. It is your responsibility to regularly check the site to determine if there have been changes to these terms of use and to review such changes.
You the user also agree that the content and listing information provided by you to LittleBlackPages.com may be shared by us with sites under our common ownership, including Whostrue.com an identity authentication site where you may be listed. We may provide links within the site to our other affiliates.
Such other sites will operate under separate terms of service agreements and may have different policies from this site.
Application of Agreement. The Agreement governs your use of the Site, but it does not alter, amend, or otherwise modify any separate agreement you may have with the Company.
Limited License. Unless otherwise indicated, the Site and all of its content, and all other materials on the Site, irrespective of their origin or form, are the exclusive property of the Company. Subject to your acceptance and continuing acknowledgement of these Terms, the Company grants to you a limited, non-exclusive license in the Site and all of its content, and all other materials on the Site, irrespective of their origin or form (“the License”). The License is intended to be narrowly construed in order that the scope of the license be limited to the minimum license necessary for you to carry out your access and use of the Site, consistent with your obligations under this Agreement and any other terms, rules, or laws under which the Services are provided. The license granted is personal to you, non-exclusive, non-assignable, and non-transferable; it applies to access to the Site from a single computer and is subject in all respects to each provision of this Agreement.
Restrictions on License. You agree to the following restrictions on the License:
(a) You may not re-sell, barter, share, or otherwise transfer to another party your access to this Site;
(b) You may not use the Site or its content, including any of the Services, for any purpose other than its intended purpose;
(c) You may not copy any portion of the Site, including content, except for temporary and ephemeral copies made automatically using the terminal you use to access the Site, over which an ordinarily prudent person would not maintain any control;
(d) You may not distribute the software contained herein to any other party;
(e) You may not reverse engineer, disassemble, or decode any portion of the Site or its underlying computer code;
(f) You must comply with all applicable laws, including, without limitation, U.S. export control laws, applicable to your use of the Site and the Services;
(g) You may not make any modification, adaptation, improvement, enhancement, translation, or derivative work of the Site for any purpose;
(h) You may not reprocess, reformat, “screen scrape,” or otherwise strip the content of the Site, whether or not for retransmission or re-service;
(i) You may not interfere with the use and enjoyment of the Site by others; and
(j) Unless explicitly authorized to do so, you may not utilize any automated means, including but not limited to spiders, bots, and other data mining tools, to access the Site.
Term and Termination. The Agreement and the License shall remain in effect on a continuing and indefinite basis until later superseded by a successor version of the Agreement or terminated by the Company. The Company may terminate the Agreement and the License at any time, without prior notice, for any reason or for its own convenience. Additionally, the Company may terminate the Agreement and the License for cause if (a) you breach any obligation of the Agreement or any other agreement you have with the Company; (b) you violate any policy, rule, regulation, or guideline applicable to the Site or to the Company’s operations generally; or (c) you violate any applicable law, including but not limited to intellectual property laws; provided, however, that the existence of a right of the Company to terminate this Agreement or the License for cause shall not be construed as requiring that cause be nominated or established prior to termination. Notice of termination shall not be required, as long as technological means for blocking your access to the Site after termination are employed to the extent practicable under the circumstances. The Company may also elect, without notice, to discontinue, terminate, suspend, or shut down the Site; under such circumstances, this Agreement and the License shall be deemed terminated without any more specific notice (unless required by law).
Privacy Policy. The Company is committed to protecting your privacy consistent with the terms under which the Services are to be provided to you. Each time you use or access the Site, you acknowledge and accept our privacy policy as it stands in force on that date. Please read our privacy policy carefully in order to understand how we may and may not use personally identifiable information.
User Code of Conduct. By accessing or using the Site, you agree to abide by our User Code of Conduct and Acceptable Use Policy (“the UCC”). The UCC is a part of the Agreement and is subject to modification by us on the same terms as the Agreement. The text of the UCC follows:
USER CODE OF CONDUCT
1. You agree to act responsibly at this site and to treat other visitors with respect.
2. You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the Site, or transmit to others.
3. You will not upload, post, transmit or store or otherwise make available any photograph of yourself other than a head or face shot, to be used for identification purposes only.
4. You will not post on the Site, or transmit to others, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including without limitation intellectual property rights and rights of privacy and publicity).
5. You will use the Services in a manner consistent with any and all applicable local, state, national and international laws and regulations, including without limitation the export control laws of the United States.
6. You further warrant that you (a) are not located in, under the control of, or a national or resident of any country to which the United States has embargoed or restricted the sale of goods; (b) have not been identified as a "Specially Designated National"; and (c) have not placed on the United States Department of Commerce Table of Deny Orders.
7. You will not access or use the Site if you are not lawfully authorized to do so under the terms of the Agreement, and you will not exceed your authorized access or use of the Site or post on behalf of another individual or entity.
8. You will not provide inaccurate, misleading, or false information to or through the Company. If information provided to or through the Company subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such information.
9. You will not use the Site to engage in advertising to or solicitation of others to buy or sell any products or services, nor will you use the Site to transmit any chain letters or junk E-mail or “Spam” to others.
10. You will not use the Site to exercise any right associated with an item of intellectual property which you do not own or over which you do not have the requisite authority, such as by prior written license or permission from the owner of the intellectual property or other person having the authority to issue such license or permission.
11. You are solely responsible for your interactions with others via this Site; you agree that the Site is an informational tool and that the Company is not responsible for your failure to take ordinary and reasonable precautions when interacting with individuals through any dating service.
12. You will promptly report to the Company any violation of the Agreement by others. Failure to do so shall be itself considered a violation of the Agreement of the same magnitude as the subject violation.
13. You agree that we may monitor all material transmitted via the Site to others and that we may at our sole option remove any material that violates or may violate the Agreement or this UCC or any applicable law. Notwithstanding the foregoing, we are not required to monitor such material and you agree to remain solely responsible for the material you transmit via the Site to others.
User Content. By posting, transmitting, sending, copying, or otherwise handling (hereinafter, “posting”) content to the Site, you signify your agreement to the following terms with respect to that material:
(a) For content that you own (whether by virtue of your creation of it or acquisition of it from a third party) or for which you are the exclusive licensee by the owner of substantially all rights in the content, you agree to grant, grant, and upon posting the content automatically grant to us a worldwide, nonexclusive, fully paid-up, unrestricted license in such content, and we have the right to sublicense such content to others without limitation or restriction in connection with the Site or the Services.
(b) For content that you do not own and for which your license is less than an exclusive license of substantially all rights in the content, you agree to grant, grant, and upon posting the content automatically grant to us a license upon the same terms as the license in part (a) above or a license equivalent in scope with the full limits of your license in the content, whichever is narrower, subject to part (c) below.
(c) For content that you do not own and for which your license is less than an exclusive license of substantially all rights in the content, and for which your license does not permit you to grant us at least a nonexclusive, worldwide, unrestricted license to distribute such content and to license others to do the same, you must not post such material in advance of obtaining a license or permission that allows you to grant us that license.
(d) You must not post content that you do not own and that you do not have a written license, permission, or release to post.
WARRANTY DISCLAIMERS. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE SERVICES REFERRED TO IN THE AGREEMENT ARE PROVIDED “AS IS—NO WARRANTY” AND “AS AVAILABLE.” YOU AGREE TO USE OR ACCESS THE SITE AND THE SERVICES AT YOUR OWN RISK. UNLESS OTHERWISE EXPRESSLY STATED, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT REPRESENT OR WARRANT (i) THAT THE SITE OR THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE SITE OR THE SERVICES WILL BE PROVIDED AT ALL TIME OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT THE SITE OR THE SERVICES WILL BE FREE FROM VIRUSES, SPYWARE, OR OTHER MALICIOUS ARTICLES OR MALWARE; (iv) THAT ANY IMPLIED WARRANTY IS EFFECTIVE WHICH ARISES FROM THE COURSE OF DEALING OR USAGE OF TRADE; OR (v) THAT THE SITE AND THE SERVICES DO NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHT. WE DISCLAIM (AND YOU WAIVE AND RELEASE US FROM) ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, AND REMEDIES, WHETHER ARISING IN TORT, FROM CONTRACT, OR OTHERWISE, INCURRED IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE OR THE SERVICES. WE FURTHER DISCLAIM ALL INCIDENTAL, SUPPLEMENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, HOWEVER DENOMINATED, ARISING FROM YOUR ACCESS OR USE OF THE SITE OR THE SERVICES. THAT IS, YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE, ENTIRE, VOLUNTARY, AND ACKNOWLEDGED RISK.
LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY, ITS EMPLOYEES AND AFFILIATES, OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS OR USE OF THE SITE OR THE SERVICES. THIS IS THE CASE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY TO US, IF ANY, FOR THE ACCESS OR USE, OR ONE DOLLAR ($1.00), WHICHEVER IS MORE.
SPECIAL RULES FOR SOME JURISDICTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to hold the Company, its employees, agents, assigns, and affiliates harmless, and defend and indemnify them, from all liabilities, claims, demands, and expenses arising from or otherwise relating to your conduct, your use, or your access of the Site or the Services. Such defense and indemnity shall exist even though the Company shall maintain sole control over the defense or settlement of such matters.
Content Hosted by Others. The Company may, as a convenience to its users, include links to third-party sites. The Company is not responsible for and does not guarantee the content of such third-party sites or other resources, and does not endorse, adopt, or acknowledge any such third-party content. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any of that content, or any goods or services provided or advertised thereon.
Linking to Our Site. The Company allows linking to our site. Inquiries should be directed to the Company.
Notice of Claimed Infringement. The Company maintains a strict policy of honoring intellectual property rights. Occasionally, the Site may feature content added by users and others which tends to infringe the intellectual property rights of others, despite our best efforts to prevent such infringement. If you believe that the content of the Site infringes in some way a substantive right that you own, or if you believe the Site links users to another site that contains such infringing content, you may notify us at the address listed in the next paragraph by sending an “Infringement Notice” consisting of:
(a) the location, including full URL, of the infringing content;
(b) an identification of the content which is alleged to infringe;
(c) information sufficient to permit us to contact you, such as an e-mail address; and
(d) a statement substantially in the following form:
“I, [state your name], hereby declare, under penalty of perjury, that the information in this Infringement Notice is accurate, to the best of my knowledge, information, and belief, and that: [select one]
(i) I am the copyright owner of the infringed work,
(ii) I am authorized to act on behalf of the copyright owner of the infringed work, or
(iii) I have a good faith belief that use of the copyrighted materials described in the Infringement Notice is not authorized by the copyright owner, his/her/its agent, or the law.”
This statement must be in writing and signed by you, unless we have granted you express permission to extend this notice via e-mail. You must send this notice to: The Law Offices of Paul G. Wamsley, Attn: Paul G. Wamsley, Camden Grandview Building, 309 East Morehead Street, Suite 120, Charlotte, North Carolina 28202 or fax to (704) 333-0137.
Communicating with us. Notices provided to us should be in writing and sent to:
Libra3, Inc., 417 Rensselaer Avenue, Charlotte, NC 28203 or e-mail at customerservice@littleblackpages.com
Disputes. Any dispute arising out of or relating to this Agreement or a breach thereof shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration shall be conducted in the English language in the City of Charlotte, North Carolina, in accordance with the U.S. Federal Arbitration Act. There shall be three arbitrators, named in accordance with such rules. Notwithstanding the requirement to submit such disputes to arbitration, if a dispute shall arise which cannot be submitted to arbitration, you agree to the sole and exclusive jurisdiction over that dispute of the state or federal courts, as appropriate, seated in Mecklenburg County, North Carolina, and you hereby waive all objections to personal jurisdiction or venue therein. This Agreement shall in all cases be governed by the laws of the state of North Carolina, without resort to its conflicts of laws provisions.
Integration. This Agreement, as it is modified from time to time, is the entire agreement of the parties on the subject matter to which it relates, and may be modified only as provided herein or by an agreement signed by you and the Company.
