These Terms and Conditions (“Terms”) govern your access to and use of the Exceptionally Black Forum (the “Forum”) operated by Exceptionally Black LLC (“we”, “us”, or “our”). Please read these Terms carefully before using the Forum.
1. Acceptance of Terms
By accessing or using the Forum, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Forum.
2. User Eligibility
You must be at least 13 years old to access or use the Forum. By accessing or using the Forum, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into a binding agreement.
3. User Conduct
You agree to use the Forum only for lawful purposes and in accordance with these Terms. You agree not to:
- Post, upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm or exploit minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Forum;
- Upload, post, or transmit any content that infringes any patent, trademark, copyright, trade secret, or other intellectual property right of any party;
- Upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Engage in any activity that disrupts or interferes with the Forum or the servers and networks connected to the Forum;
- Attempt to gain unauthorized access to the Forum, computer systems or networks connected to the Forum, through hacking, password mining, or any other means;
- Use the Forum for any commercial purpose without our express written consent;
- Collect or store personal data about other users without their knowledge or consent;
- Do anything else that we deem, in our sole discretion, to be inappropriate or harmful.
4. User Content
You retain all ownership rights to the content you post on the Forum (“User Content”). By posting User Content, you grant us a non-exclusive, royalty-free, worldwide license to use, modify, reproduce, distribute, and display such User Content in connection with the Forum.
You are responsible for the content you post on the Forum. We are not responsible for the accuracy, completeness, or reliability of any User Content. We reserve the right, but are not obligated, to monitor the Forum and to remove any User Content that we deem, in our sole discretion, to be in violation of these Terms or otherwise harmful.
5. Disclaimers
THE FORUM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FORUM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FORUM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE FORUM, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, FINANCIAL LOSS, OR PERSONAL INJURY.
6. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE FORUM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
We may terminate your access to the Forum at any time for any reason, without notice or liability. We may also remove any User Content that we deem, in our sole discretion, to be in violation of these Terms or otherwise harmful.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of Kentucky, without regard to its conflict of laws provisions.
9. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to your access to and use of the Forum.
10. Contact Us
If you have any questions about these Terms, please contact us at support@exceptionallyblack.com
11. Effective Date
These Terms are effective as of December 11, 2023.
