4.         Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

5.         Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6.         Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; dilutes trademark rights, violates rights of publicity, violates any rights defined by the Patent, Trademark, Copyright and Unfair Competition laws of any country or locality.

7.         Upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

8.         Upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9.         Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

10.      Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

11.      "Stalk" or otherwise harass another person or company;

12.      Collect or store personal data about other users for business purposes;

13.      Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;

14.      Use CCBD as a forwarding service to another website;

15.      Allow usage by others in such a way as to violate CCBD's TOS;

16.      Engage in commercial activities within CCBD or on behalf of CCBD without prior approval. This includes, but is not limited to, the following activities:

16.1.   Displaying a banner that is designed to profit you or any other business or organization; and

16.2.   Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites;

17.      Employ tactics to prevent the full and complete display of advertisements on CCBD pages. These include, but are not limited to, making blog style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on other pages within the Service;

18.      Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.

19.      Exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other content when you have not been granted the privileges to do so;

20.         Make excessive or otherwise harmful automated use of the system.

21.         If CCBD determines, in its sole and absolute discretion, that any user is in violation of the TOS, CCBD retains the right to terminate such user's account at any time without prior notice.

ADDITIONAL PROVISIONS REGARDING CONTENT

To The Extent Not Covered Above, these provisions also apply to Content.

 1, Prohibition Against Commercial Content : As a USER you shall not include in your Posting(s) or otherwise distribute on or through this website any Content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of the CCBD. Any unauthorized use of any interactive area of this website, its Content or Postings is expressly prohibited.

 2 You Assume The Risk In Using Content: We may or may not actively monitor use of or control the Content of Postings by you or others. Similarly, we may or may not exercise editorial control over any such Content. As a result, you may be exposed to Content that is inaccurate, fraudulent or deceptive or that you find offensive or objectionable. Your use of all Content is at your own risk.

3. Partner Websites: You should be aware that we will be utilizing Partner Websites to host or carry Content. Users may also be required to create registered profiles at other Partner Websites in order to incorporate multimedia information into the user’s CCBD blog.  You recognize, agree and understand that the Partner Websites are not owned or operated by us and we have no control as to how such i.e. website will be utilized or operate. THEREFORE USE OF SUCH PARTNER WEBSITE(S) SHALL BE ENTIRELY AT YOUR OWN RISK. YOU FURTHER AGREE THAT ANY DISPUTE OR LITIGATION WITH OR CLAIM AGAINST SHALL BE SOLELY BETWEEN YOU AND THE PARTNER WEBSITE AND THAT SHOULD YOU BRING LITIGATION AGAINST SUCH PARTNER WEBSITE WE SHALL NOT BE NAMED OR A PARTY TO SUCH LITIGATION.

4. Our Rights To Monitor Your Postings: We reserve the right, but not the obligation, to monitor all Postings and to remove or alter any Content which, in our sole and absolute discretion, constitutes a misuse thereof these services and may restrict, suspend or terminate your use of these services or the website where we believe that there has been such a misuse. Due to the global nature of the Internet, you hereby agree to comply with any applicable rules regarding the export of any data from any country.

5. Postings are Not Confidential: Any Postings by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g. username, email address, phone number) that you post on our site is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any other personally identifiable information about yourself, such as your social security number, driver’s license number or credit card number, or any other person in any posting. We reserve the right, but not the obligation, to remove any Postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information that is included in your Postings.

6. Postings to be in Your Name: Participants shall not misrepresent their identity or their affiliation with any person or entity.

7. Originality of Postings: You represent and warrant that your Postings are original to you.

8. Deletion and/or Destruction of Postings: We are not responsible for maintaining your Postings and we may delete or destroy them at any time in our absolute and sole discretion with no liability or obligation to you of any sort.

 9. No Endorsement: CONTENT, INFORMATION AND MATERIALS POSTED BY USERS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED IN POSTINGS.

The opinions expressed in Postings are not necessarily ours. Any statements, advice and opinions in Postings are those of the parties making such Postings only. We shall not be held responsible for any statements, advice, opinions or anything else in such Postings.

Copyright And IP Agent for the United States

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

   Jay Begler, Esq.

                         Nixon Peabody LLP

                         One Embarcadero Center

                         San Francisco, California

                         94111

                         415-984-8287 (telephone)

                         415-984-8300 (fax)

                         jbegler@nixonpeabody.com

>Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

>A description of the alleged infringing activity and where the alleged infringing material is located;

>A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

>An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

>A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

YOUR OBLIGATIONS AS TO MATERIAL APPEARING ON OUR WEBSITE- These obligations relate to material and/or Content created by or for us, hereafter “Our Content.”

1. Rights - All rights in all material and  Our Content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

2. Intellectual Property - We are the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms, use of the Site does not grant you any right, title, interest, consent to use, right to register or license to any such intellectual property you may access on the Site or any intellectual property of our affiliates or subsidiaries. Except as provided in these Terms any use or reproduction of the intellectual property is prohibited. 

3. Copying - You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. In this regard, you may only make (a) one machine- readable copy, (b) one backup copy and (c) one print copy of the pages in this site. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved. 

 You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to any information, concepts, ideas or content of this website.   Certain of Our Content may be licensed from time to time from third parties and all such third- party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notices or legends contained on this website or its content. 

YOU ARE ABSOLUTELY PROHIBITED FROM POSTING ALL OR PART OF SUCH MATERIAL ON ANY WEBSITE WITHOUT OUR PRIOR WRITTEN PERMISSION WHICH PERMISSION WE MAY WITHHOLD IN OUR COMPLETE AND ABSOLUTE DISCRETION. 

MESSAGE BOARDS

This Site may contain discussion groups, news groups, bulletin boards, chat rooms, comment threads, blog pieces, comments on blog pieces, and other interactive services (collectively, "Message Boards"). We may or may not actively monitor use of, or content or materials posted on, our Message Boards. Similarly, we may or may not exercise editorial control over the content of any Message Board. As a result, you may be exposed to content on our Message Boards that is inaccurate, fraudulent or deceptive or that you find offensive or objectionable. Your use of Message Boards and Postings, as defined below is at your own risk.

However, we reserve the right, but not the obligation, to monitor our Message Boards and to remove or alter any content which, in our sole discretion, constitutes a misuse thereof of these and may restrict, suspend or terminate your use of these services or the Site where we believe that there has been such a misuse. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding on-line conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country.

Any content, information or material posted to a Message Board ("Postings") will be deemed not to be confidential or secret. You understand that personal and other information (e.g. username, email address, phone number) that you post on or through Message Boards is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any other personally identifiable information about yourself, such as your social security number, driver’s license number or credit card number, or any other person in any posting. We reserve the right, but not the obligation, to remove any postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information that you post on our Message Boards.

Postings to be in Your Name: Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.

Non-Commercial Use Only of Interactive Areas: Any interactive area of this website is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of the CCBD. Any unauthorized use of any interactive area of this website, its content or Postings is expressly prohibited.

You represent and warrant that your Postings are original to you, (meaning that you did not reference or copy any other work for your Posting and in fact were not inspired in your Posting by any other work)  are not obscene, vulgar, offensive, malicious, insulting to any person or group, discriminatory, defamatory or otherwise unlawful, libelous, pornographic, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, the laws or regulations of any country  or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally.

You represent and warrant that no other party has any rights to the content of your Postings and that any "moral rights" or “droit moral” as those terms are defined under copyright law in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Postings (in whole or part) and/or to incorporate them in other works in any form, media, or technology now known or later developed.

>We are not responsible for maintaining your Postings and we may delete or destroy them at any time.

>CONTENT, INFORMATION AND MATERIALS POSTED BY USERS TO MESSAGE BOARDS ARE NOT ENDORSED BY US. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH MESSAGE BOARDS. The opinions expressed in Message Boards are not necessarily ours. Any statements, advice and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions or other content or materials on Message Boards.

>SYSTEM INTEGRITY

You may not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, denial-of-service attacks, other malicious code or repeated “hacks” or “attacks” on web server(s) intended to damage or interfere with the proper working of our website or to surreptitiously intercept or expropriate any system, data or personal information from our website.  You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.

Further, you may not act in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other party's use and enjoyment of our website. You may not attempt to gain unauthorized access to any of our accounts, computer systems or networks connected to any of our servers or to any of the networks attached to such server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our website. 

>

NO WARRANTIES

>THIS SITE AND ITS CONTENT, INCLUDING WITHOUT LIMITATION, POSTINGS BY USERS,  FACTS AND ANY OTHER INFORMATION ARE PROVIDED "AS IS," AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

>TO THE EXTENT NOT COVERED IN THE PRECEDING PARAGRAPH,YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CCBD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) CCBD MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (I.c.) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CCBD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

>THIRD PARTY GOODS AND SERVICES : WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANIZATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.

Your responsibility: You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment.

In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses, which we may make of such information.

>NO LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR AND IN NO EVENT SHALL WE BE LIABLE FOR  ANY LOSSES, COSTS OR DAMAGES  (DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY  OR OTHERWISE) SUFFERED BY YOU OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OF PROFITS OR REVENUE, AS A RESULT OF OR IN ANY WAY RELATING TO YOUR USE OF THIS SITE OR ANY CONTENT POSTED BY USERS HEREOF,  OR FROM ANYTHING APPEARING ON MESSAGE BOARDS, DISCUSSION GROUPS, NEWS GROUPS  BULLETIN BOARDS, CHAT ROOMS, COMMENT THREADS, BLOG PIECES, COMMENTS ON BLOG PIECES, AND ANY OTHER  INTERACTIVE SERVICES OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, TEN DOLLARS ($10.00) UNITED STATES CURRENCY.

>MATERIALS SUBMITTED BY YOU

 Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, including without limitation ideas, creative concepts or suggestions relating to any facet of our business, products or potential business or products, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us in writing, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Site, including without limitation ideas, creative concepts or suggestions relating to any facet of our business, products  or potential business or products, may be used, reproduced, exploited, and disclosed by us either in its original form or as modified by us without restriction for whatever purpose we deem fit and without payment of any sum, or any other form of consideration or remuneration or acknowledgement of you as their source. You also warrant that any "moral rights" or “droit moral,” as those terms are defined under copyright laws, in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW.

USER INFORMATION

In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Policy Statement, which Privacy Policy Statement is incorporated into these Terms by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

                  

>LINKS TO AND FROM THIS SITE

You acknowledge and agree that we have no responsibility for the information provided by websites to which you may link from this website ("Linked Sites"). Links to Linked websites do not constitute an endorsement by or association with us of such websites or the content, products, advertising or other materials presented on such websites. We have no control over these Linked websites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked websites.

>Unless you have a prior written agreement in effect with us that states otherwise, you may only provide a hypertext link to our website on another website if you comply with all of the following: (a) the link must be a text-only link clearly marked to which the link must “point” to the URL “http:// .www.creatingblackdesigners.org and not to other pages within our website; (c) the link, when activated by a user, must display our site full-screen and not within a “frame” on the linking website; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking website.  We reserve the right to revoke our consent to any link at any time in our sole discretion.

>INDEMNITY                          

>We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable governmental agencies.  You will indemnify us against any loss, damage or cost incurred by us arising out of or relating to your use of this website, any of its services or any information accessible over or through this website, including information obtained from linked websites, your submission or transmission of information or material on or through the website or your violation of these Terms or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or regulation or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, violation of rights of publicity, false light, false advertising, violation of trade secrets, breach of confidence, unfair competition, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend, with counsel of our choice and to control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

RESTRICTION, SUSPENSION, TERMINATION

 We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights, which we may have against you in respect of your breach of these Terms. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms.

>ENTIRE AGREEMENT

These Terms and Conditions, including our Privacy Policy Statement, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

> 

CHOICE OF LAW

Our website can be accessed from all 50 states in the United States, as well as from other countries around the world.  Each of these places has laws that may differ from those of the state of or country that you are located in. By accessing, you agree that these Terms  and your use of this website shall be governed in all respects by the internal substantive laws of the State of New York, United States of America, without regard to conflict of laws provisions. We make no representation that materials on our website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with local laws.

>To the extent that software is accessible through this site, such software may be subject to export, re-export and/or import controls imposed by the United States or any other jurisdiction and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department's Table of Denial Orders. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of one any such country or on any such list.

DISPUTES AND JURISDICTION

Any controversy or claim brought by you against us arising out of or relating to these terms or this website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim brought by you shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in New York City and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

>Alternatively, we may in our sole and absolute discretion commence a lawsuit regarding such controversy or claim in the Federal District Court in or for the city of New York.  You hereby agree to the jurisdiction and venue of such court with respect to such suit and waive any objections to such jurisdiction and/or venue of such court. You further agree that the breach by you of any of we will be entitled to a preliminary injunction or temporary restraining order to prevent the continuance of such injury.

>OUR RELATIONSHIP

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship exists between you and us.  These Terms are an agreement between you and us and are not intended to be for the benefit of any third party

>NOTICE

>Except as explicitly stated otherwise or required by law, you shall provide any notices relating to these Terms by email to us at the contact information provided in the Contact section of our Site.

>LIMITATIONS OF LIABILITY

Our contracts with certain of our suppliers may provide for scheduled maintenance and preventative, required and emergency maintenance work.  We will have no liability, whatsoever, for the unavailability of our Site caused by our supplier’s performance or lack of performance of the maintenance work to keep the Site operable.  We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third- party acts or any other Web host provider or the Internet infrastructure and/or networks external to our website

>The limitations of liability provided in these terms inure to our benefit and the benefit of, our affiliates and to all of our respective officers, directors, employees, attorneys and agents.

>PRIVACY POLICY

Introduction

All references to 'our', 'us', 'we' or 'company' within this policy statement  and within the opt-in notice are deemed to refer to CCBD®, its subsidiaries, affiliates, parent companies and any of their related businesses

>We endeavor to protect your personal privacy. We provide this privacy statement to help you to understand what we may do with any information that we obtain from you. By providing your personal details to us, you signify your acceptance of our Privacy

Policy Statement. If you do not agree to thisPrivacy Policy Statement, please do not provide your personal details to us. This Privacy Policy Statement is incorporated into, and part of, the Terms which govern your use of the website in general. We will use your information for the purposes set out below. You will have an opportunity to unsubscribe whenever we communicate with you.

We may need to update this Privacy Policy Statement from time to time. We recommend that you regularly check this page to ensure that you have read the most recent version.

Age

YOU MUST NOT PROVIDE US WITH PERSONAL INFORMATION IF YOU ARE  UNDER THE AGE OF 18

Collecting Personal Information

You can decide what personal information you provide to us. We will only collect personal information that you choose to provide. Where possible, we will enable you to select how we will use this information.

You may choose to provide us with personal information if, for example, you: contact us with an inquiry; register on the website, fill out a survey or other form with your personal information included; request us to provide you with information; enter a competition; post information to public areas of the website or take advantage of a promotion.

>You have the opportunity to choose not to opt-in to receive communications from us at any point where we request information about you.

>By providing any personal information to us, you fully understand and clearly consent to the transfer of such personal information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with this Privacy Policy Statement.

Third parties (including but not limited to software providers, advertisers and ad placement agencies) may also use tracking technologies by or through the site. We have no responsibility or liability for any tracking, data collection or other activities of such third parties.

>Use of Cookies

We do not connect the information collected through cookies with other information that is personally identifiable, unless required or permitted to do so by law or to enforce the Terms and Conditions.

In common with many websites, we use "cookies" to help us gather the following information from visitors to our site.

>Example: 

· the IP address from which you access the website

· the type of browser and operating system used to access the website

· the date and time of your access to the website

· the pages you visit

· the Internet address of the website from which you accessed the website

A cookie is a small data file that our server sends to your browser when you visit the website. The use of cookies helps us to assist your use of certain aspects of the website. You can delete cookies at any time or you can set your browser to reject or disable cookies. If you do disable cookies some functions on the site may not work correctly.

We use information from cookies, for example, to learn about the number of visitors to our website and the type of technology that our visitors use. Cookies help us to monitor what sort of content is popular and to assess visitors browsing habits. When a user revisits the website, we may recognize the user by the cookie and customize the user's experience accordingly. We can use this information to continually improve the content and usability of the website.

We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information.

>Use of Information

We will use information collected from you in the following ways:

Marketing purposes: We may use information for internal marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to our websites. We may also use your personal information in order to communicate with you about our products and services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses.

>Disclosure to Service Providers

We may contract with other companies to provide services on our behalf, such as hosting websites, sending out information, processing transactions, and analyzing our websites. We provide these companies with only those elements of your personal information they need to deliver those services. These companies and their employees are prohibited from using that personal information for any other purpose.

Disclosure to Distributors

In responding to a request made by you, we may share your personal information with companies that distribute our products. In those cases, we provide these companies with only those elements of your personal information they need to respond to your request, and these companies and their employees are prohibited from using that personal information for any other purpose. In some cases, we may seek your permission to share your information with distributors for marketing purposes other than responding to a request from you. However, we will not share your information for such marketing purposes unless we have obtained your express consent to do so.

Public (or Interactive) Areas of the Site

Information that you post on or through the public areas of the website (e.g., chat rooms, bulletin boards and discussion groups) is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of the website are encouraged to exercise caution when providing personal information about themselves in public (or interactive) areas of this website.

Sale and Transfer

In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including without limitation, personally identifiable information that you provide and other information concerning your relationship with us. We may transfer your personal information to third parties under confidentiality obligations when the performance of any service in relation to the activities above is sub-contracted (e.g. the administration of a marketing campaign).

>Legal purposes

We may disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our customers or users of our website.

Access to your Information

You can check what information we hold about you, update your information, remove your information or correct any inaccuracies in such personal data. We will use reasonable efforts to deal with your request within a reasonable time. If for any reason you decide to cancel your account, please send an email to webmaster@creatingblackdesigners.org requesting same.  

>Security

We take security seriously and we take precautions to keep your personal information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and us, or information stored on our servers, will be free from unauthorized access by third parties.

Consent to International Transfers of Personal Information

The personal information we collect on our websites may be sent to the United States or to any other country in which we or our affiliates, subsidiaries or agents maintain facilities. We may also store and process the information there. Although the laws that protect personal information in those countries may differ from the laws where you live, we will take reasonable steps to ensure that your privacy is protected. By using our Website and giving your information to us, you consent to the transfer of the data outside of your country.

Children's Information

We do not knowingly collect information from children and do not target websites that collect information from children.

Links

This site may contain links or references to other websites outside of our control. Please be aware that we have no control over these websites and our privacy statement does not apply to these websites. We encourage you to read the Privacy Policy Statement and Terms and Conditions of linked or referenced websites you enter.

>© Center For Creating Black Designers, Inc., 2007. All rights reserved.