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Black Kat Network LLC and Black Kat Productions.com Legal Notices
As of October 18, 2002
Copyright
Notice
Copyright
© 2002 BlackKatNetwork LLC & Blackkatproductions.com,
All rights reserved. The material on this site may not be reproduced
and may not be distributed, publicly performed, proxy cached
on AOL or otherwise used, except with the prior express permission
of BlackKatNetwork LLC BlackKatProductions.com. (alternatively
referred to as "Black Kat Network LLC, Black Kat Productions
," "We," or "Us").
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Trademark Statement
Veronikka, Nikka, Nikka Foothill, Veronikka
Foothill, Nika, DJ Foothill, Married Interracial Couple, Amateur
Interracial Webcam, Interracial Webcam,
are trademarks of Black Kat Network LLC Black Kat Productions.,
all pending or registered in U.S. Patent and Trademark Office.
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Requesting Reproduction Permissions
No material found or located on the Black Kat Network, Black
Kat Production Web sites may be reproduced or used for commercial
purposes without prior written permission of Black Kat Network
LLC. You may write or fax the Rights and Permissions Department
of Black Kat Network LLC.
Black Kat
NetworkInternational, LLC.
Attention: Rights and Permissions
650 Tamarack Ave #1903
Brea , CA 92821
Fax #: 714.225.1113
Attention: Rights & Permissions
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Custodian
of Records
All records required by law to be maintained
by us are located at Brea, CA and can be made available to the
proper authorities by contacting.
Black Kat
Network.com, LLC.
Attention: General Counsel
650 Tamarack Ave Suite #1903
Brea, CA 92821
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Privacy Statement for Black
Kat Network, Black Kat Productions
BlackKatNetwork.com
(the "Site") is committed to providing a secure experience
and safeguarding your personal information. This Privacy Statement
was created to explain why we collect particular information
and how we will protect your personal privacy within our Web
site. We reserve the right to change this policy at any time,
and will post any new privacy policy here. By using or navigating
around the Site or utilizing any of the services we provide
here, you acknowledge that you have read and understand and
agree to be bound by this Privacy Statement. If you do not agree
to be so bound, do not remain on the Site.
Contact
Information. Some
areas of our Site request or require you to provide your contact
information (such as your name and email address). Your contact
information may be used to communicate with you when necessary
with respect to transactions conducted through the Site and
material changes in the Site’s policies. We may also send
you information about our company and/or promotional materials
from the Site and some of our partners. We will not sell, share
or rent any contact information collected from you except as
disclosed in this Privacy Statement. All contact information
provided to the Site is maintained on our secure servers.
Financial
Information. We collect financial information (such as your
credit card information) on an as-needed basis to bill you for
products and services you purchase through the Site and to fulfill
your orders. If we have trouble processing an order, the contact
information discussed above will be used to get in touch with
you. We will not sell, share or rent any financial information
collected from you except as necessary to fulfill your order.
All financial information provided to the Site is maintained
on our secure servers.
Demographic
Information. We
collect anonymous demographic information (such as your zip
code, gender and age), and may use this data to tailor your
experience at our Site, provide content that we think you might
be interested in, and display the content according to your
preferences. Such demographic information may be shared with
partners, market researchers and other third parties on an aggregate,
non-personally identifiable basis. No personally identifiable
information will be linked to aggregated demographic information.
Internet
Protocol Address. We
collect an IP address from all visitors to our Site. We use
your IP address for purposes of traffic analysis.
Third
Party Service Providers. We
sometimes use third party vendors and service providers to manage
certain aspects of the services we provide, such as maintaining
our servers and processing or fulfilling orders for products
and services you purchase through the Site. In those instances,
your contact and financial information may either be collected
by or shared by us with such third party service providers as
necessary to fulfill your requests and, in some cases, your
information may be retained by such third party service providers
for their records. We generally require that such third party
service providers agree to safeguard your information with at
least the same level of protection as afforded by our Privacy
Policy.
Other.
We
may disclose your personal information in special cases if required
to do so by law, court order or other government or law enforcement
authority; or when we believe in good faith that disclosing
this information is otherwise necessary or advisable, including,
for instance, to identify, contact or bring legal action against
someone who may be causing injury to or interfering with the
rights or property of Black Kat Network, another user or anyone
else that could be harmed by such activities.
Email
Newsletters. You
will have the opportunity to sign up (opt-in) to receive email
newsletters and other promotional mailings from us and our partners
during registration and at other times when we request your
contact information. You may unsubscribe ("opt-out")
from receiving future mailings at any time. To view methods
for opting-out, please refer to the delist/deactivate section
below.
Cookies.
The
Site uses "cookie" technology to enhance your online
experience by making it easier for you to navigate through our
Site or to make a feature work better. Cookies are pieces of
information that some Web sites transfer to the computer that
is browsing that Web site and are used for record-keeping purposes
at many Web sites. We do not extract information about individual
users or their computers during this process. It is not necessary
to accept a cookie to navigate the Site, but you must accept
a cookie in order to place products in your shopping cart and
make a purchase from one of our Stores.
Consumer
Research. We
may monitor your use of this service (such as your session time
and clickstream data), and use or disclose any such information
gathered as part of our evaluation and operation of the Site
and the services we make available. We may develop and use,
in our sole discretion, consumer research which may be based
on your use of such services. All marketing information shall
be subject, in all cases, to compliance with the applicable
rules and regulations of the Federal Communications Commission,
and other relevant laws and regulations, as the same may be
amended from time to time. No personally identifiable information
will be shared or is linked to consumer research.
Security.
We
are committed to maintaining the security of your personally
identifiable information and have measures in place to protect
against the loss, misuse and alteration of the information under
our control. All credit transactions occur in a secure area
of the Site using Secure Sockets Layer ("SSL") software
to process orders. SSL encrypts the information you input on
the Site. In addition, all user information is stored in a secure
location behind a firewall with limited administrative access.
Public
Forums. This
Site makes available chat rooms, forums, message boards,
and/or news groups to our users. Please remember that any information
that is disclosed in these areas becomes public information.
You should exercise caution when deciding to disclose your personal
information.
Third
Party Links. The
Site contains links to other World Wide Web Internet sites,
resources and sponsors of Black Kat Network LLC. Selection of
an ad banner or link will redirect you off of the Site to a
third party Web site. Black Kat Network LLC is not responsible
for the privacy practices of such sites. You should make sure
that you read and understand the privacy policies of these sites
and direct any concerns regarding any external link to the site
administrator or Webmaster of that third party Web site.
Correcting/Updating
Personal Information. If
your personally identifiable information changes or is otherwise
incorrect, you may correct, update or remove such personal data
by emailing personal@blackkatnetwork.com.
Delete/Deactivate:
This
Site gives users the following options for removing their information
from our database, to not receive future communications or to
no longer receive our service:
Send
an email to cancel@blackkatnetwork.com; Select the opt-out link
at the bottom of any blackkatnetwork.com email and follow the
instructions provided; or Send mail to the following postal address:
Customer Service
Black Kat Network
650 Tamarack Ave #1903
Brea, CA 92821
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BLACK
KAT NETWORK TERMS OF SERVICE
IMPORTANT!
PLEASE READ CAREFULLY. These
Terms of Service are a legal agreement between you and a Black
Kat Network.com, LLC website. (alternatively referred to as
"Black Kat Network," "We," or "Us")
and spell out the terms and conditions to which users of the
BlackKatNetwork.com Web site (the "Site") are expected
to adhere. Please read it carefully before using the Site, because
by clicking "I Agree" or by using the Site, you agree
to be bound by its terms as well as the terms of our Privacy
Statement which is hereby incorporated by reference into these
Terms of Service. If you do not agree with or do not wish to
be bound by all of the terms and conditions of this Agreement,
do not use this Web site. We reserve the right to amend these
Terms of Service at any time and will post the amended Terms
of Service here.
1.
BLACK KAT NETWORK CONTENT AND USER SUBMISSIONS
- The contents
of the Black Kat Netowork Internet service ("the Service")
are intended for the personal, noncommercial use of its users.
All materials published on the Site (including, but not limited
to news articles, photographs, images, illustrations, audio
clips and video clips (collectively, the "Content")
are protected by copyright, trademark and all other applicable
intellectual property laws, and are owned or controlled by
BlackKatNetwork LLC. or the party credited as the provider
of such Content, software or other materials. You shall abide
by copyright or other notices, information and restrictions
appearing in conjunction with any Content accessed through
the Service.
- The Service
is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions
and other copyright laws. Except as set forth in Section 1
of these Terms of Service, you may not modify, adapt, translate,
exhibit, publish, transmit, participate in the transfer or
sale of, create derivative works from, distribute, perform,
display, reverse engineer, decompile or dissemble, or in any
way exploit, any of the Content, software, materials or Service
in whole or in part.
- You may
download or copy the Content and other downloadable items
displayed on this Service for personal, noncommercial use
only, provided that you maintain all copyright and other notices
contained in such Content. Copying or storing of any Content
for other than personal, noncommercial use is expressly prohibited
without the prior written permission from the Rights and Permissions
Department, or the copyright holder identified in the individual
Content’s proprietary rights notices.
- You agree
that any information, feedback, questions, comments and/or
submissions to any of the Public Forums (as discussed below)
or the like that you provide to us in connection with this
Site or our Services ("Submissions") will be deemed
to be provided to us on a non-confidential and non-proprietary
basis and will become and remain our property. We shall have
no obligations of any kind with respect to any Submissions
and shall be free to reproduce, use, disclose and/or distribute
any Submissions for any purpose whatsoever, without limitation.
You also agree that we shall be free to use any ideas, concepts
or techniques embodied in the Submissions for any purpose
whatsoever, including, but not limited to, developing, manufacturing,
and marketing products or services incorporating such ideas,
concepts, or techniques. In addition, you hereby waive all
moral rights you may have in any materials uploaded by you.
- If you
believe that the content of any Submission provided by you
has been used on the Site in a manner that constitutes copyright
infringement, please provide our Copyright Agent with a written
notice (email is sufficient) that includes the following information:
an electronic or physical signature of a person authorized to
act on behalf of the owner of the exclusive right that is allegedly
infringed; identification of the copyrighted work claimed to have
been infringed; a description of where the material that you claim
is infringing is located on the Site; your address, telephone
number, and e-mail address; 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 a statement by you,
under penalty of perjury, that the information in your notice
is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
Our Copyright
Agent for notice of claims of copyright infringement on this
Site is:
By
postal mail:
Intellectual Property Counsel
Black Kat Network LLC Enterprises International, Inc.
650 Tamarack Ave Suite #1903 Brea, CA 92821
By email:
copyright@BlackKatNetwork.com
2.
FORUMS AND DISCUSSIONS
- This
Site makes available chat rooms, forums, message boards,
and/or news groups to its users ("Public Forum(s)").
You shall not upload to, or distribute or otherwise publish
through the Service any content which is libelous, defamatory,
obscene, pornographic, profane, sexually explicit, abusive
or which otherwise violates any law, rule or regulation. Please
use your best judgment and be respectful of other individuals
using the Public Forums. You agree not to use vulgar, abusive
or hateful language. Public Forums within the Site and the
Services available therein are provided to give our users
an interesting and stimulating forum in which they may express
opinions and share ideas. Black Kat Network LLC does not endorse
the opinions placed on these Public Forums. You acknowledge
that any Submissions (e.g. Letter to the Editor, Review or
Commentary) may be reproduced, published, transmitted and
displayed by Black Kat Network LLC in any manner, pursuant
to Section 1.4, above.
- The Public
Forums shall be used only in a noncommercial manner. You shall
not, without the express approval of Black Kat Network LLC,
use the Public Forums to distribute or otherwise publish any
material containing any solicitation of funds, advertising
or solicitation for goods or services, or to promote Web sites
or online services that are competitive with Black Kat Network
LLC and the Service. You agree that you will not submit any
ideas for stories, features, designs, scripts, merchandise
or publication of any type.
- While
we do not and cannot review every message posted by users
in the Public Forums and are not responsible for the content
of any of these messages, Black Kat Network LLC reserves the
right to delete, move or edit messages that we, in our sole
discretion, deem are in violation of the law (including trademark
and copyright law), or these Terms of Service, or are abusive,
defamatory, obscene or otherwise unacceptable. You shall remain
solely responsible for the content of your messages.
3. ACCESS
AND AVAILABILITY OF SERVICES AND LINKS
- The Site
contains links to other related World Wide Web Internet sites,
resources and sponsors of Black Kat Network LLC. Selection
of an ad banner or link will redirect you off of the Site
to a third party Web site. Interactions that occur between
you and the third party are strictly between the you and such
third party and are not the responsibility of Black Kat Network
LLC. We are not responsible for examining or evaluating, and
do not warrant the offerings of, any of these businesses or
individuals or the content of their Web sites. Black Kat Network
LLC does not assume any liability or responsibility for the
actions, product, availability or content of these outside
resources. You should direct any concerns regarding any external
link to the site administrator or Webmaster of the third party
Web site.
4. REPRESENTATIONS
AND WARRANTIES
- You represent,
warrant and covenant (a) that no materials of any kind submitted
by you or Black Kat Network LLC’s use thereof in accordance
with the terms and conditions of these Terms of Service, will
(i) violate, plagiarize or infringe upon the rights of any
third party, including, without limitation, copyright, trademark,
privacy or publicity, moral rights, contract or other personal
or proprietary rights; (ii) contain unlawful material; (iii)
constitute false or misleading indications of origin or statements
of fact; (iv) slander, libel or defame any person or entity;
or (v) cause injury of any kind to any person or entity; or
(vi) violate any applicable laws, rules, regulations or other
governmental regulations; and (b) that you are at least 18
years old. You hereby indemnify, defend and hold Black Kat
Network LLC and its officers, directors, owners, agents, information
providers, affiliates, licensors and licensees (collectively,
the "Indemnified Parties") harmless from and against
any and all liability and costs incurred by the Indemnified
Parties in connection with any claim arising out of any breach
by you of these Terms of Service or the foregoing representations,
warranties and covenants, including, without limitation, reasonable
attorneys’ fees. You shall cooperate as fully as reasonably
required in the defense of any claim. Black Kat Network LLC
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you. You shall not enter into any settlement agreement
which affects the rights of Black Kat Network LLC without
Black Kat Network LLC’s prior written approval.
- Black
Kat Network LLC neither represents nor endorses the accuracy
or reliability of any advice, opinion, statement or other
information displayed, uploaded, or distributed through the
Service by any user, information provider or any other person
or entity. THE SITE, THE SERVICE, THE ACCESS SOFTWARE (DEFINED
HEREIN) AND ANY MATERIALS PROVIDED BY BLACK KAT NETWORK LLC
OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE PROVIDED
"AS IS." BLACK KAT NETWORK LLC MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR
A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY
OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER
ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT
LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS
PROVIDED THROUGH THE SERVICE. Black Kat Network LLC DOES NOT
GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES
AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
- You hereby
acknowledge that the use of the Site and the Services available
therein is at your sole risk.
5. Limitation
of Liability
- Black
Kat Network LLC SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION
WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE
MATERIALS PROVIDED BY BLACK KAT NETWORK LLC OR THIRD PARTIES
THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS,
DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE
OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM
AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF Black Kat
Network LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
OR LOSS. Some jurisdictions may not allow the exclusion or
limitation of incidental or consequential damages, so the
above exclusions shall only apply to the extent permissible
under applicable law.
- To the
fullest extent permissible under applicable law, Black Kat
Network LLC’s aggregate liability, and the aggregate
liability of our licensors, to you or any third parties in
any circumstance is limited to One Hundred U.S. Dollars ($100).
6. SOFTWARE
LICENSES
- You acknowledge
and agree that you shall have no rights to the proprietary
software and/or any related documentation, enhancements or
modifications thereto, provided to you to access the Service
("Access Software"). You may not sublicense, assign
or transfer any licenses granted to you by Black Kat Network
LLC, and any attempt at such sublicense, assignment or transfer
is void. You may make one (1) copy of such software for archival
purposes only. You may not copy, distribute, modify, reverse,
engineer or create derivative works from the Access Software.
7. System
Integrity
- You may
not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any transaction
conducted on the Site. You may not take any action which imposes
an unreasonable or disproportionately large load on our infrastructure.
You may not disclose or share your password with any third
parties or use your password for any unauthorized service.
8. TERMINATION
- Black
Kat Network LLC may, in its sole discretion, terminate or
suspend your access or refuse service at any time, without
notice, to all or part of the Service for any or no reason,
including, without limitation, breach of these Terms of Service
or the repeated infringement of copyrights owned by third
parties.
- Black
Kat Network LLC, including, without limitation, its authorized
agents and employees may terminate your use of the Site without
notice in the event that you breach any obligation in these
Terms of Service, including but not limited to, (i) restricting,
inhibiting or disrupting any Black Kat Network LLC event or
(ii) attempting to alter or improperly access any feature
or function of the Site. Your access may also be subject to
termination if you post or transmit any illegal content; harass
or threaten any user of the Site or Black Kat Network LLC
employee; post content (including, but not limited to, the
creation of usernames) that is offensive or otherwise disruptive
of Site activities; post unsolicited advertising; or improperly
impersonate a Black Kat Network LLC employee or other individual.
9. Risk
of Loss
- All items
purchased from the Site are made pursuant to a shipment contract.
This means that the risk of loss and title for such items
passes to you upon our delivery to the carrier.
10. Product
Descriptions
- Black
Kat Network LLC and its affiliates attempt to describe all
of the products on the Site as accurately as possible. However,
Black Kat Network LLC does not warrant that product descriptions
or other Content of this Site is accurate, complete, reliable,
current or error-free. If a product offered on our Site itself
is not as described, your sole remedy is to return it in unused
condition.
11. MISCELLANEOUS
- This
Agreement has been made in and shall be construed and enforced
in accordance with California law without regard to any conflict
of law provisions. Black Kat Network LLC makes no representation
that the Content in this Site is appropriate for access outside
of the United States. Those who choose to access this Site
from outside the United States do so on their own initiative
and are responsible for compliance with local laws. You agree
that any action to enforce this agreement shall be brought
in the federal or state courts located in Chicago, California.
- Official
correspondence must be sent via postal mail to:
Black Kat Network.com, LLC.
Attention: General Counsel
650 Tamarack Ave Suite #1903
Brea, CA 92821
- These Terms of Service, the Privacy Statement and any other
terms referenced in this Agreement constitute the entire agreement
between you and Black Kat Network LLC with respect to your
access and use of the Site and Services and supercede all
prior or contemporaneous agreements (whether oral, written
or electronic) between you and Black Kat Network LLC with
respect to this Site or Services. If any of the provisions
of this Agreement are determined to be invalid or unenforceable,
then each invalid or enforceable provision will be construed
in a manner consistent with applicable laws to reflect, as
nearly as possible, the original intentions of the parties,
and the remaining provisions shall remain in full force and
effect. Black Kat Network LLC may assign these Terms of Service
(i) to any of its affiliates, (ii) to the surviving entity
in the event of a merger, acquisition, or the sale of all
or substantially all of the assets of Black Kat Network LLC
or (iii) in connection with the sale of this Site or the business
unit associated with this Site.
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