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Member Agreement

1. GENERAL RULES AND DEFINITIONS
2. THEBLACKANDWHITE.NET CONTENT AND MEMBER SUBMISSIONS
3. FORUMS, DISCUSSIONS AND USER GENERATED CONTENT
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
5. REPRESENTATIONS AND WARRANTIES
6. REGISTRATION AND SECURITY
7. FEES AND PAYMENTS
8. COMMUNICATIONS BETWEEN THEBLACKANDWHITE.NET AND MEMBERS
9. TERMINATION
10. MISCELLANEOUS


1. GENERAL RULES AND DEFINITIONS

1.1 By using theBlackandWhite.net service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and theBlackandWhite.net.

1.2 theBlackandWhite.net may change, add, or remove parts of this Agreement at any time. It is sole responsibility of the user to review this Agreement prior to each use of the Site and by continuing to use this Site, you agree to any changes. 

1.3 If any of these rules or any future changes are unacceptable to you, you must stop using the service.  Your continued use of the service indicates acceptance by you of such rules, changes, or modifications. 

1.4 theBlackandWhite.net may alter the availability of certain features of the Service at any time. theBlackandWhite.net may also restrict your access to parts or all of the Service without notice or liability.


2. THEBLACKANDWHITE.NET CONTENT AND MEMBER SUBMISSIONS 

2.1 The contents of the theBlackandWhite.net are intended for your personal, noncommercial use. All materials published on theBlackandWhite.net are subject to copyright protection, and are owned or controlled by the theBlackandWhite.net, or the credited content provider. You shall abide by all additional copyright notices, information, or restrictions contained in any content accessed through the Service.

2.2 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. The use of any Content for other than personal, noncommercial use is prohibited without prior permission from the theBlackandWhite.net, or the identified copyright holder.  


3. FORUMS, DISCUSSIONS AND USER GENERATED CONTENT 

3.1 You shall not distribute or otherwise publish on the Forums any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

3.2 Be respectful.  You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service. 

3.3 The Forums shall be used only in a noncommercial manner. You may not publish any material containing any solicitation of funds, advertising or solicitation for goods or services. 

3.4 You are solely responsible for the content of your messages. While theBlackandWhite.net may not review every message posted by you on the Forums and is not responsible for the content of these messages, theBlackandWhite.net reserves the right to delete, move, or edit messages that it, in its sole discretion, deems unacceptable in any manner.

3.5 You acknowledge that any submissions you make to the Service may be modified and displayed by theBlackandWhite.net and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.


4. AVAILABILITY OF EXTERNAL LINKS 

4.1 theBlackandWhite.net contains links to other related World Wide Web Internet sites, resources, and sponsors of theBlackandWhite.net. Since theBlackandWhite.net is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site. 


5. REPRESENTATIONS AND WARRANTIES 

5.1 You agree (a) that no materials of any kind submitted through your account will (i) infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless the theBlackandWhite.net, Walt Whitman High School, Montgomery County Public Schools, and all staff and sponsors (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing agreements. You shall cooperate as fully as reasonably required in the defense of any such claim.

5.2 Neither the Black and White nor theBlackandWhite.net represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk. The service and is administered on an "as is" basis without warranties of any kind, either express or implied. You hereby acknowledge that use of the service is at your sole risk.


6. REGISTRATION AND SECURITY 

6.1 As part of the registration process, you will select a password and a username. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a username of another person with the intent to impersonate that person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username that theBlackandWhite.net, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative of theBlackandWhite.net.

6.2 You shall notify theBlackandWhite.net of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

6.3 You must be 13 years or older to subscribe to the Service and the account information must be your own; however, persons of all ages may use the Service. Thus, you may share your password and username with others, subject to Section 6.4. 

6.4 You are responsible for all usage or activity on your theBlackandWhite.net account, including use of the account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal or inappropriate activity may be grounds for termination of your account, at theBlackandWhite.net's sole discretion, and theBlackandWhite.net may refer you to appropriate law enforcement agencies.


7. FEES AND PAYMENTS 

7.1. theBlackandWhite.net reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time theBlackandWhite.net requires a fee for portions of the Service that are now free, theBlackandWhite.net will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. 


8. COMMUNICATIONS BETWEEN THEBLACKANDWHITE.NET AND MEMBERS 

8.1 theBlackandWhite.net reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

8.2 theBlackandWhite.net reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information.


9. TERMINATION 

9.1 theBlackandWhite.net may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.


10. MISCELLANEOUS 

10.1 This Agreement has been made in and shall be construed and enforced in accordance with Maryland law. Any action to enforce this agreement shall be brought in the federal or state courts located in Montgomery County, Maryland. 

10.2 You agree to report any copyright violations of the Member Agreement to theBlackandWhite.net as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the theBlackandWhite.net service, please notify theBlackandWhite.net.



This Member Agreement was last updated on December 31, 2007.
By clicking 'Register' you agree that you have read and accepted the foregoing terms of use, also available here.