TERMS OF SERVICE & USE


I. Acceptance of the Terms of Use?
a. By accessing blackcommunityentertainment.com (the ?Black Community Entertainment?), you are agreeing to be bound by these terms and conditions (the ?Terms of Use?), Black Community Entertainment privacy policy (the ?Privacy Policy) which is available on the Black Community Entertainment Website, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use the Black Community Entertainment Website.?
b. may revise these Terms of Use at any time without notice. By using the Black Community Entertainment Website you are agreeing to be bound by the then current version of these Terms of Use. Although we may attempt to notify you when major changes are made, you should periodically review the most up-to-date version of the Terms of Use.?



II. Application?
a. These Terms of Use apply to all users of the Black Community Entertainment Website whether or not those users actually contribute video content, information, and other materials or services on the Black Community Entertainment Website. The Black Community Entertainment Website includes all aspects of Black Community Entertainment, including, but not limited to, Black Community Entertainment channels and the embedded player?



III. Third Party Websites?
a. Links to third party websites are available on the Black Community Entertainment Website; however, Black Community Entertainment makes no representations or warranties about the security, reliability or suitability of those sites. The Black Community Entertainment team has not investigated the security or reliability of any third party websites or made any inquiries about the protection of any personal information provided once a user has clicked on any third party links. In addition, Black Community Entertainment will not and cannot censor or edit the content of any third party site.?
b. Black Community Entertainment, , and any of its officers, employees, representatives or agents are not responsible in any way whatsoever for any loss, cost, expense, damage, suit or action of any kind arising from the user's access or use of third party websites. The user hereby waives any and all claims and actions against Black Community Entertainment, , and any of its officers, employees, representatives or agents, resulting from the access or use of any third party websites accessible through the Black Community Entertainment Website. By accepting these Terms of Use and accessing third party links, the user acknowledges that he or she has read this waiver and accepts the terms herein.?
c. Neither Black Community Entertainment nor warrants, endorses, guarantees or assumes any responsibility whatsoever for any products or services that may be advertised on the Black Community Entertainment Website. and Black Community Entertainment will not be responsible in any way for monitoring or reviewing any transactions regarding such products or services. The user is solely responsible for any consequences arising therefrom.?
d. Accordingly, we encourage you to be aware when you leave the Black Community Entertainment Website and to read the terms and conditions and privacy policy and practices of each other website that you visit.?

IV. Ability to Accept Terms of Use?
a. By accessing and using the Black Community Entertainment Website, you hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under the age of 19, you must have the consent of your parent or guardian to use the Black Community Entertainment Website.?
b. If you are under 13 years of age, then please do not use the Black Community Entertainment Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.?



V. Black Community Entertainment Accounts?
a. To access some features of the Black Community Entertainment Website you will have to create a Black Community Entertainment account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. This information is collected, used and disclosed in accordance with our Privacy Policy. You must maintain the security of your password as you are solely responsible for all activity that occurs on your account. You must notify Black Community Entertainment immediately at info@thedigitalbrothers.com if you become aware of any breach of security or unauthorized use of your account.?
b. Black Community Entertainment, , and its officers, employees, representatives and agents are not liable for your losses caused by any unauthorized use of your account. You, however, may be liable for the losses of Black Community Entertainment or or any third party as a result of the unauthorized use of your account.?



VI. Termination of Black Community Entertainment Accounts?
a. Black Community Entertainment has the right to terminate a user's account without notice if, under appropriate circumstances, the user is determined, in the Black Community Entertainment team's sole discretion, to be a repeat infringer of these Terms of Use.?
b. Black Community Entertainment reserves the right to decide whether Content or a Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Black Community Entertainment may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice, and at its sole discretion.?

VII. Use of the Black Community Entertainment Website?
Black Community Entertainment and hereby grant you permission to access and use the Black Community Entertainment Website in accordance with these Terms of Use provided:?
a. You agree not to distribute in any medium any part of the Black Community Entertainment Website including, but not limited to, User Submissions (defined below), without the prior written consent of .?
b. You agree not to alter or modify any part of the Black Community Entertainment Website including, but not limited to, the Black Community Entertainment embedded player or any of its related technologies.?
c. You agree not to access User Submissions (defined below) or Black Community Entertainment Content through any technology or means other than the video playback pages of the Black Community Entertainment Website itself, the Black Community Entertainment embedded player, or other explicitly authorized means as designated by Black Community Entertainment.?
d. You agree not to use the Black Community Entertainment Website, or any Content or software available therein, for any commercial use without the prior written authorization of Black Community Entertainment. For clarity, prohibited commercial uses include, but are not limited to, the following when taken without Black Community Entertainment express approval:i. The sale of access to the Black Community Entertainment Website or any its related services (including the embedded player) on any other website;?
ii. Use of the Black Community Entertainment Website or its related Content or services, for the primary purpose of gaining advertising or subscription revenue;?
iii. The sale of advertising on the Black Community Entertainment website or any third party website when such advertising is targeted to the Content of the Black Community Entertainment Website including specific User Submissions; and?
iv. Any use of the Black Community Entertainment Website or its related services (such as the embedded player) which finds, in its sole and absolute discretion, to use Black Community Entertainment resources or User Submissions with the effect of competing with, directly or indirectly, or displacing the market for Black Community Entertainment, Black Community Entertainment Content, or its User Submissions.?
e. For further clarity, the following are not prohibited commercial uses under these Terms of Use:i. Uploading an original video or maintaining an original channel on the Black Community Entertainment Website in order to promote your business or artistic enterprise;?
ii. Utilizing the embedded player to show Black Community Entertainment videos on an ad-enabled blog or website, provided that the primary purpose of doing so is not to gain advertising revenue or compete with Black Community Entertainment; and?
iii. Any other use that Black Community Entertainment expressly authorizes in writing.?
f. If you decide to use the Black Community Entertainment embedded player on another website, you agree to include a prominent link to the Black Community Entertainment Website on any pages containing the embedded player. You further agree not to modify, enhance, build upon, or block any portion of the embedded player in any way.?
g. You agree not to use or launch any automated system including, without limitation, "robots," "spiders," or "offline readers," that accesses the Black Community Entertainment Website in a manner that sends more request messages to the Black Community Entertainment servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Black Community Entertainment grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Black Community Entertainment reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Black Community Entertainment Website, nor to use the communication systems provided by the Black Community Entertainment Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Black Community Entertainment Website with respect to their User Submissions.?
h. You will otherwise comply with these Terms of Use and all applicable local, national, and international laws and regulations.i. Black Community Entertainment reserves the right to discontinue any aspect of the Black Community Entertainment Website at any time without prior written notice to any user?



VIII. Use of Content?

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Black Community Entertainment Website.?
a. The content on the Black Community Entertainment Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to Black Community Entertainment, subject to copyright and other intellectual property rights under the law. You may display the Content and otherwise use the Black Community Entertainment Website solely for your personal, non-commercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, link to, quote or sell any Content except as expressly permitted by the copyright laws, in this Agreement, or with the express consent of and/or the owner of the Content. Except for the rights expressly granted herein, Black Community Entertainment and reserve all rights to the Black Community Entertainment Website and the Content. Nothing in this Agreement shall be interpreted as granting any third party rights or benefits to any user of the Black Community Entertainment Website.?
b. User Submissions may be accessed solely for the following purposes:i. For your information and personal use;?
ii. As intended through the normal functionality of the Black Community Entertainment Service; and?
iii. For Streaming.?
c. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Black Community Entertainment Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is".?
d. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Black Community Entertainment Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Black Community Entertainment Service or otherwise as prohibited under this Agreement.?
e. You may access Black Community Entertainment Content, User Submissions and other Content only as permitted under this Agreement. Black Community Entertainment reserves all rights not expressly granted in and to the Black Community Entertainment Content and the Black Community Entertainment Website.?
f. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Black Community Entertainment Website for any commercial purposes.?
g. You agree not to circumvent, disable or otherwise interfere with security-related features of the Black Community Entertainment Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Black Community Entertainment Website or the Content therein.?
h. You understand that when using the Black Community Entertainment Website, you will be exposed to User Submissions from a variety of sources, and that Black Community Entertainment is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.?


IX. Your User Submissions and Conduct?
a. As a Black Community Entertainment account holder you may submit video content ("Videos") and textual content ("Comments"). Videos and Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Black Community Entertainment does not guarantee any confidentiality with respect to any User Submissions. You may post material or upload videos or other content to the Black Community Entertainment Website. However, you may not post any material that:i. Is defamatory, libelous, obscene, indecent, abusive or threatening to others;?
ii. Infringes the copyright, trade mark or other right of any third party;?
iii. Uploads viruses or other contaminating or destructive features; or?
iv. Is in violation of any applicable laws or regulations.?
b. You are solely responsible for ensuring that any material you post complies with the foregoing conditions and will indemnify , its officers and employees from and against all claims, liabilities, judgments, damages and costs (including lawyer's fees on a solicitor and own client basis) which arise out of materials you have posted on the Black Community Entertainment Website. If becomes aware of any material that it believes may violate the foregoing conditions, it may, at its sole discretion, modify or remove the material. You grant to the right to copy, publish, distribute, modify, translate and otherwise use in any medium any material that you place on the Black Community Entertainment Website by any means, without compensation to you.?
c. You hereby affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use the User Submissions and authorize Black Community Entertainment to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Black Community Entertainment Website and these Terms of Use.?
d. For clarity, you retain any ownership rights you have in your User Submissions. However, by providing User Submissions to Black Community Entertainment, you hereby grant Black Community Entertainment a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Black Community Entertainment Website and Black Community Entertainment (and its successors' and affiliates') business, including, without limitation, for promoting and redistributing part or all of the Black Community Entertainment Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Black Community Entertainment Website a non-exclusive license to access your User Submissions through the Black Community Entertainment Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Black Community Entertainment Website and under these Terms of Use. The above licenses granted by you in Videos terminate within a commercially reasonable time after you remove or delete your Videos from the Black Community Entertainment Service. You understand and agree, however, that Black Community Entertainment may retain, but not display, distribute, or perform, server copies of the User Submissions that have been removed or deleted. The above licenses granted by you in Comments are perpetual and irrevocable.?
e. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Black Community Entertainment all of the license rights granted herein.?
f. You agree that your conduct on the site will comport with the Terms of Use which may be updated from time to time.?
g. Black Community Entertainment does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Black Community Entertainment expressly disclaims any and all liability in connection with User Submissions. Black Community Entertainment does not permit copyright infringing activities and infringement of intellectual property rights on its Black Community Entertainment Website, and Black Community Entertainment will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Black Community Entertainment reserves the right to remove Content and User Submissions without prior notice?



X. Disclaimer and Limitation of Liability?
a. The materials on the Black Community Entertainments Website are provided ?as is?. makes no warranties, expressed or implied, and Black Community Entertainment, , Think. Marketing Inc., 3rd I Brownen IT, their officers, directors, employees and agents disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, does not warrant or make any representations concerning the accuracy, or reliability of the use of the materials on the Black Community Entertainment Website or otherwise relating to such materials or on any sites linked to this site. does not assume liability for any of the following:i. Any personal injury, property damage, or damage to the user's, or any third party's, reputation, whether direct or indirect, as a result of a user's access and use of the Black Community Entertainment Website or the use of any Content available therein;?
ii. Errors, omissions, mistakes or inaccuracies in the Content available on the Black Community Entertainment Website;?
iii. The unauthorized use of any personal, financial or account information that maybe stored on any of Black Community Entertainment servers;?
iv. The interruption of the services provided by the Black Community Entertainment Website; or?
v. Any viruses, Trojan horses or bugs, or similar occurrences which are or may be transmitted through the Black Community Entertainment Website or any third party site linked through the Black Community Entertainment Website?



XI. Limitation of Liability?
a. In no event will , Black Community Entertainment, Think. Marketing Inc., 3rd Brownen IT, their officers, directors, employees or agents be liable for any direct, indirect, special, incidental or consequential damages (including, without limitation, damages resulting from lost profits or revenues, loss of use of the Black Community Entertainment Website or of any executable programs, delays in operation or transmission, communications line failure, undelivered email messages, loss of use of data or equipment, or other similar damages) arising out of the use or inability to use the Content or the Black Community Entertainment Website, even if or Black Community Entertainment has been advised of the possibility of such damages.?
b. Black Community Entertainment, , Think. Marketing Inc., 3rd I Brownen IT, their officers, directors, employees or agents shall not be liable for User Submissions or the defamatory, offensive or illegal conduct of any third party and the risk of harm or damage from the foregoing rests entirely with the users of the Black Community Entertainment Website.?
c. The Black Community Entertainment Website is controlled and offered by from its facilities in Canada. Neither Black Community Entertainment nor make any representations that the Black Community Entertainment Website is appropriate or available for use in other locations. Those who access or use the Black Community Entertainment Website from other jurisdictions do so at their own volition and are responsible for compliance with local law?



XII. Indemnity?
a. As a user of the Black Community Entertainment Website you agree to indemnify, defend and hold Black Community Entertainment and harmless from any liability, loss, claim and expense, including reasonable legal fees on a solicitor and own client basis, related to your access or use of the Black Community Entertainment Website and any violation of these Terms of Use.?
b. This defense and indemnification obligation will survive these Terms of Use and your use of the Black Community Entertainment Website.?
c. You specifically acknowledge that you will hold Black Community Entertainment, , their officers, directors, employees, representatives or agents, harmless from legal liability any claim of loss or damage whatsoever made by people represented in your video posting. Additionally, you specifically warrant that you have permission from all parties in the Black Community Entertainment Video submission for the use of their likeness, image and audio, and you have obtained their permission to post the Video to Black Community Entertainment?



XIII. Assignment?
a. None of the rights or licences granted under these Terms of Use may be transferred or assigned by you. and Black Community Entertainment reserve the right to assign their rights hereunder without restriction?



XIV. General Provisions?
a. You agree that the Black Community Entertainment Website shall be deemed solely based in British Columbia, Canada and the Black Community Entertainment Website shall in no way give rise to personal jurisdiction over Black Community Entertainment, either specific or general, in jurisdictions other than British Columbia, Canada. These Terms of Use shall be governed by the internal substantive laws of British Columbia, Canada, without respect to its conflict of laws principles.?
b. Any legal action concerning these Terms of Use or the Black Community Entertainment Website must be brought within one (1) year after the claim or cause of action arises and must be brought in the Province of British Columbia Canada and shall be decided exclusively by a court of competent jurisdiction in Penticton, British Columbia, Canada.?
c. These Terms of Use, together with the Privacy Policy and any other legal notices published by Black Community Entertainment on the Black Community Entertainment Website, shall constitute the entire agreement between you and concerning the Black Community Entertainment Website. In the event a court or other tribunal of competent jurisdiction shall hold any of the provisions of this agreement to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.?
d. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Black Community Entertainments failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.