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Terms of Use Agreement


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Your use of the website constitutes your agreement with the terms below!

 

Access and use of BlackOpalBooks.com are subject to the BlackOpalBooks.com Privacy Policy, the terms and conditions set out below (together, the "Terms and Conditions"). If you do not agree to these Terms and Conditions, please do not access or use BlackOpalBooks.com. We reserve the right to change these Terms and Conditions from time to time by updating this posting. Please check these Terms and Conditions periodically for changes. Your continued use of BlackOpalBooks.com following the posting of changes to these Terms and Conditions will mean you accept those changes.

Restrictions on Use of Materials
BlackOpalBooks.com and its contents are the property of Black Opal Books, Inc., ("Black Opal") or its licensors and are protected, without limitation, pursuant to United States copyright and trademark laws. Reproduction, duplication, or distribution of BlackOpalBooks.com and/or all or any part of its contents for anything other than your personal, noncommercial use is a violation not only of these Terms and Conditions but also of copyright and trademark laws (unless you have written permission from Black Opal).
Jurisdictional Issues
This site is controlled and operated by Black Opal. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or BlackOpalBooks.com shall be filed only in the state or federal courts located in the United States, and you hereby submit to the nonexclusive jurisdiction of such courts. If any provision of these Terms and Conditions shall be void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter hereof.
Links to Third-Party Sites
Users may, through hypertext or other computer links, gain access to other sites on the Internet which are not part of BlackOpalBooks.com and which are not controlled by Black Opal. Black Opal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Black Opal of the site. BLACK OPAL ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF BLACKOPALBOOKS.COM WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK. Unless otherwise indicated at BlackOpalBooks.com, BlackOpalBooks.com is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked sites are not trademarks of Black Opal.
User Rights & Responsibilities

Black Opal Books expects all users to conduct themselves in a responsible manner, to respect the rights and privacy of others, and act in accordance with all applicable laws respectful to their location.  Users are presumed to be responsible for any activity carried out under their Black Opal Books login. Users are also expected to only use their own personal login information and not share their username password with anyone. Users are limited to a single (1) login account.


Individuals shall not:
  • Attempt to compromise or tamper with user passwords.  This includes, but is not limited to, cracking, decoding, copying password files, “sniffing” packets to search for passwords, or otherwise attempt to discover passwords belonging to other individuals.
  • Attempt to intercept any network communication for purposes including, but not limited to, reading message/file content, rerouting packets, or packet “sniffing.”
  • Attempt to or obtain unauthorized access to the secure areas of the Black Opal Books Website.
  • Attempt to or access the Black Opal Books database directly through attacks known as SQL Injection, JavaScript, or any other method intended to bypass the website.
  • Perform or assist in the performance of any act that will interfere with the normal operation of computers, terminals, peripherals, networks, or in any activity that interferes with the ability of others to access the website.
  • Illegally solicit or distribute copyrighted material found on the Black Opal Books website.

Users who violate the Terms and Conditions, outlined in this document, may find their IP address banned from accessing the website. In addition, they can and will be held financially and legally responsible for any damages either directly or indirectly caused by their actions.  This includes, but is not limited to, the costs to repair and recover lost data, loss of revenue due to down time, loss of revenue as a result of illegally distributed copies of Black Opal Books' published material, and  recovery of all legal costs, whether or not Black Opal Book chooses to press criminal charges against the offender.

User Materials and License Granted
Materials entered by users on any part of BlackOpalBooks.com ("Postings") are the responsibility of the user entering the Postings. BLACK OPAL HAS NO RESPONSIBILITY FOR POSTINGS. However, Black Opal retains the right, which it may or may not exercise, in its sole discretion, to review, edit, or delete any postings which Black Opal deems to be illegal, offensive, or otherwise inappropriate. *You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. YOU AGREE TO INDEMNIFY BLACK OPAL FROM ANY DAMAGES, LOSSES, COSTS, OR EXPENSES WHICH BLACK OPAL, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES, AND AUTHORIZED REPRESENTATIVES MAY INCUR AS A RESULT OF POSTINGS.

By contributing Postings to BlackOpalBooks.com, you give (or warrant that the owner of such rights has expressly given) to Black Opal and its affiliates a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such content anywhere, for any purpose and in any form, media or technology now known or later developed, without any compensation to you. In addition, you acknowledge and agree that you have waived any moral rights in your Postings. You further agree that Black Opal is free to use any ideas, concepts, know-how, or techniques contained in any of the Postings for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.

 

LIMITATION OF LIABILITY:

TO THE FULLEST EXTENT PERMITTED BY LAW, BLACK OPAL IS PROVIDING BLACKOPALBOOKS.COM "AS IS" AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH BLACKOPALBOOKS.COM, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. BLACK OPAL DOES NOT WARRANT THAT THE FUNCTION OF BLACKOPALBOOKS.COM OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BLACKOPALBOOKS.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLACK OPAL BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF BLACK OPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF BLACKOPALBOOKS.COM, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL BLACK OPAL'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES, UNLESS OTHERWISE INDICATED, ARE IN U.S. DOLLARS. ALL ORDERS ARE SUBJECT TO APPROVAL.

Terms of Use Agreement
Revision-2012-09
Effective 2012-09-13