National Black Movie Association Website Terms and Conditions
Agreement Between User and National Black Movie Association:
Welcome to blackmovieassociation.org! The blackmovieassociation.org website (the “Site”) is comprised of various web pages operated by National Black Movie Association (“NBMA”). The website, located at http://blackmovieassociation.org, is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of blackmovieassociation.org constitutes your agreement to all such Terms.
Please read the terms and keep a copy of them for your reference.
The website blackmovieassociation.org is a nonprofit business site to support the operation of National Black Movie Association.
Privacy:
Your use of blackmovieassociation.org is subject to NBMA’s Privacy Policy. Please review the organization’s privacy policy, which also governs the Site and informs users of the organization’s data collection practices.
Electronic Communications:
Visiting blackmovieassociation.org or sending emails to NBMA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account:
If you use this site, you are responsible for maintaining the confidentiality of your engagement and applications and for restricting access to your computer, and you agree to accept responsibility for all activities that occur in your name. You may not assign or other transfer approval for another person to engage or enter a contest on your behalf. You acknowledge that NBMA is not responsible for third party access to your applications that result from theft or misappropriation of your entries and engagements. National Black Movie Association and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Eighteen:
National Black Movie Association collects personally identifiable information all users using the Site. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact NBMA using the information provided at the end of this agreement.
If you are under eighteen (18), you may use blackmovieassociation.org only with the permission of a parent or guardian.
Links to Third Party sites/Third Party Services:
National Black Movie Association’s website, blackmovieassociation.org, may contain links to other website (“Linked Sites”). Link Sites are not under the control of NBMA and NBMA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Lined Site, or any changes or updates to a Linked Site. National Black Movie Association is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NBMA of the site or any association with its operators.
Certain services made available via blackmovieassociation.org are delivered by third party sites and organizations. By using any product, service or functionality operating from the nationalblackmovieassociation.org domain, you hereby acknowledge and consent that NBMA may share such information and data with any third party with whom NBMA has a contractual relationship to provide the requested product, service or functionality on behalf of blackmovieassociation.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property:
You are granted a non-exclusive, non-transferable revocable license to access and use blackmovieassociation.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to NBMA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images as well as the compilation thereof, and any software used on the Site, is property of NBMA or its supplies and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, pr in any way exploit any of the content, in whole or in part, found on the Site. National Black Movie Association content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of NBMA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. National Black Movie Association does not grant you any licenses, express or implied, to the intellectual property of NBMA or the organization’s licensors except as expressly authorized by these Terms.
Materials Provided to blackmovieassociation.org or Posted on Any NBMA Web Page:
National Black Movie Association does not claim ownership of the materials you provide to blackmovieassociation.org or post, upload, input or submit to any NBMA site or the organization’s associated services (collectively “Submissions”). However, by posting uploading inputting, providing or submitting your Submission you are granting NBMA, the organization’s affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet business including, without limitation, the right to copy distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. National Black Movie Association is under no obligation to post or use any Submissions you may provide and may remove any Submission at any time in NBMA’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submissions.
Indemnification:
You agree to indemnify, defend and hold harmless NBMA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any other postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. National Black Movie Association reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NBMA in advertising any available defenses.
Arbitration:
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service select4ed by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of thee Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver:
Any arbitration under these Terms and Conditions will take place on an individual basis, class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in an putative class, collective and/or representative proceeding, such as the form of a private attorney general action against the other. Further, unless both you and NBMA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and my not otherwise preside over any form of a representative or class proceeding
Liability Disclaimer:
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. National Black Movie Association or its suppliers may make improvements and/or changes in the site at any time.
The National Black Movie Association and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. National Black Movie Association and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall National Black Movie Association and/or its suppliers by liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services or any information, software, products, services and related graphics obtained through the site or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if National Black Movie Association or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, you sole and exclusive remedy is to discontinue using the site.
Termination/Access Restrictions:
National Black Movie Association reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed the laws of the District of Columbia and you hereby consent to the exclusive jurisdiction and venue of courts in the District of Columbia in all disputes arising out of our relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and National Black Movie Association because of this agreement or use of this Site. National Black Movie Association’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of National Black Movie Association’s right to comply with government, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NBMA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and National Black Movie Association with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and National Black Movie Association with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon our relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Change to Terms:
The National Black Movie Association reserves the right, in its sole discretion, to change the Terms under which blackmovieassociation.org is offered. The most current version of the Terms will supersede all previous versions. The National Black Movie Association encourages you to periodically review the Terms to stay informed of our updates.
Contact Us:
The National Black Movie Association welcomes your questions or comments regarding the Terms. Please contact us via mail or email at the following addresses:
By Mail:
National Black Movie Association 80 M Street, SE
Suite 100
Washington, DC 20003
By Email:
info@blackmovieassociation.org
Effective as of 01/15/2020