Terms & Privacy

BLACKSPECTACLES.COM TERMS OF SERVICE AGREEMENT 

(SEE BELOW FOR PRIVACY POLICY)

THE FOLLOWING DESCRIBES THE TERMS ON WHICH BLACKSPECTACLES.COM OFFERS YOU ACCESS TO OUR WEBSITES, PLATFORM AND SERVICES:

Welcome to BlackSpectacles.com. BlackSpectacles.com provides its website, platform and services (together, the “Platform”) to you subject to the terms of service set forth in this Terms of Service Agreement (the “Agreement”). A statement of our privacy policy may be found below.

By using Black Spectacles.com and its services, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement.

We may amend the Agreement at any time or times by posting the amended terms on our website. All amended terms shall automatically be effective to existing users 30 days after they are initially posted on our website, and effective immediately to users registering after amendments are posted. This Agreement is effective for all users of our Platform.

1. Users and Members.

1.1 Users. Use of the public areas of BlackSpectacles.com is available to any individual without registration. In order to interact with BlackSpectacles.com, including posting a comment, a user must register to become a Member of the Black Spectacles Community. As used in this Agreement, the term “User” shall refer to any User who has not registered to participate in the Black Spectacles Community.

1.2 Members. Membership in BlackSpectacles.com is available to any individual at least 13 years of age residing anywhere in the world. As used in this Agreement, the term “Member” shall refer to any User who has registered to participate in the Black Spectacles Community or who has registered to access the Course Content. We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.

1.3 Password and Security. When you complete our registration process you will create a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that BlackSpectacles.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1.3.

2. Your Information

2.1 Definitions.

(a) (i) “Your Information” is defined as any information post or other material you provide (directly or indirectly), including through the registration process or through your use of our Platform, in any public message board (including the personal introduction section of each topic group), blog postings, comments, messages sent within BlackSpectacles.com (“inmail”) or email. You are solely responsible for Your Information, and we act as a passive conduit for the online distribution and publication of your Public Information (as defined below).

(ii) Your name, company affiliation and location, as well as any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as “Public Information;” any other portion of Your Information shall be referred to as “Private Information.”

(iii) “Publicly accessible” areas of our website are those areas that are available either to some or all of our Members (i.e., not restricted to your viewing only) or to the general public.

2.2 Accessibility of Public Information. You should understand that your Public Information may be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.

2.3 Restrictions. In consideration of your use of our Platform, you agree that Your Information:(a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include. In addition, you shall provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes. You agree further that your membership profile, Black Spectacles Community Mailing List messages, message board postings, uploaded pictures, or any other portions of the website reserved solely for Member use may not be used by you for commercial activity, sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit of the Black Spectacles Community or of the particular Group of Members. You shall be solely responsible for the disclosure of any information you enter into publicly accessible areas of the Platform, whether or not it was your intention to do so.

2.4 License. We do not claim ownership of Your Information. We will use your Personally Identifiable Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant BlackSpectacles.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit all of the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or hereafter invented.

2.5 Restriction on Our Use of Your Information. Except as otherwise provided in our privacy policy, we will not sell, rent or otherwise disclose any of your Personally Identifiable Information (as defined in our privacy policy) about you (including your email address) to any third party.

2.6 Consent to Disclosure. You acknowledge and agree that BlackSpectacles.com may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce the Terms of Service Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of BlackSpectacles.com, its employees, users and the public.

3. Use of Platform

3.1 Responsibility and Control. You, and not BlackSpectacles.com, are entirely responsible for all of Your Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other Members and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other Members. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will Black Spectacles, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Public Information of or posted by other Members, or for any loss or damage of any kind incurred as a result of the use of Your Information or any Public Information of or by any other Member posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove any such information.

3.2 Grounds for Suspension and/or Termination. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate suspension and/or termination of your status as an active Member of the Black Spectacles Community:

(a) The use of our Platform to:

(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;

(ii) impersonate any person (including BlackSpectacles.com staff or other Members), or falsely state or otherwise misrepresent your affiliation with any person or company, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;

(iii) disguise the origin of any Public Information that is transmitted to any third party;

(iv) “stalk” or otherwise harass another; or

(v) collect or store personal data about other users.

(b) Posting any Public Information or other material:

(i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private emails or contact information of another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;

(ii) that is obscene, pornographic or adult in nature;

(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;

(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and “chain letters”); or

(vi) that is otherwise inappropriate or posted in bad faith;

(c) Encouraging others to violate this Agreement;

(d) Refusing to follow BlackSpectacles.com staff instruction or direction; or

(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation.

While we prohibit the above conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform at your own risk.

For purposes of this Agreement, “posting” includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, BlackSpectacles.com and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.

3.3 Non-Interference with Platform. You agree that you will not:

(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(b) interfere with or disrupt our Platform or networks connected to our website or through the use of our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding;

(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of BlackSpectacles.com or any other third party, except with the prior written consent of BlackSpectacles.com or the appropriate third party.

3.4 General Practices Regarding Use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to suspend Members who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

3.5 RSS feed use. If you are using all or substantially all of a feed, we ask that you do not modify it in any way, including the stripping out of advertisements.  (a) Full ad-supported feeds are intended only for personal use in RSS readers.  (b) For all other feed uses, including reproduction on websites, you should only use the Excerpt feeds, unless otherwise agreed with the company.  (c) Do not splice the RSS feeds into or otherwise redistribute them via third-party RSS providers. (d) Do not add content, including any advertisements or other promotional content, to the RSS feeds. (e) Black Spectacles reserves the right to object to your presentation of the RSS feeds and the right to require you to cease using the RSS feeds at any time.  (f) Black Spectacles further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without notice to you.

3.6 Web Syndication Terms of Use. (a) Internal links in the Platform content must not be removed.  (b) The Site logo and/or URL should appear on each page displaying site content.  (c) The format or branding of the headlines, text and other information provided in the RSS feeds must not be modified.  (d) “More From…” links back to original Site at the end of each post must be included on content pages and may not be removed.

3.7 Print Syndication Terms of Use.  (a) Reproduction of screenshots from any Site is permissible, without prior written approval, so long as the site logo and URL is fully visible or otherwise included on the page. See above for general permissions on partial content.  (b) The Site logo and URL must appear prominently at the top of each section displaying site content.  (c) Content must appear unedited, except for replacement of hyperlinks with full URLs and use of product manufacturer’s site links where appropriate.  (d) Images from a Site must not be used in print without you obtaining the appropriate copyright clearances yourself.

3.8. Refunds

Monthly, 6-Month & Annual Subscription fees are non-refundable; except that Subscriber may cancel renewed subscription in writing up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees.  Contact [email protected] for a refund.  Discounts, rebates or other special offers are only valid for initial term; subscriptions renew at the then-current full subscription rates.

 

4. Conditions for linking to Platform. We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Platform home page from any site you own or control that is not commercially competitive with the Platform and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

5. Communications from BlackSpectacles.com Staff.

You understand and agree that we may send you certain communications, such as BlackSpectacles.com service announcements and newsletters, as well as offers of goods and services relevant and beneficial to you or any affinity group of Members that you may join, and that these communications are considered part of our Platform.

6. Privacy.

BlackSpectacles.com undertakes regular internal privacy audits of our privacy policies and our compliance with our privacy policy statement. Our current privacy policy is available below.

7. Links.

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that BlackSpectacles.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

8. Dealings with Marketing Partners and Third Parties.

Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that BlackSpectacles.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.

9. Indemnity.

You agree to indemnify and hold Black Spectacles, its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party.

10. Warranties; Liability

10.1 Disclaimer of Warranties. Your use of our Platform is at your sole risk. Our Platform is provided to you “as is” and on an “as available” basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform. In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.

10.2 Assumption of Risk. You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

10.3 Limitation of Liability. You agree that in no event shall BlackSpectacles.com be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BlackSpectacles.com has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with any transaction with any third party or arising out of or in connection with your use of our Platform or transportation to or from Gatherings, attendance at Gatherings, participation in or exclusion from an affinity group of Members, and the actions of you or others at Gatherings.

11. Dispute Resolution.

11.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law or the rights of a third party.  In the event that the dispute, claim or controversy is not resolved by these negotiations, the parties select the State and Federal Courts located in Chicago, Illinois as the only forum in which any such dispute shall be litigated.

11.2 Negotiation. Either party may initiate negotiations by providing written notice to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.

11.3 Dispute Resolution by BlackSpectacles.com for the Benefit of Members. We may try to help Members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between Members. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.

12. Modifications.

We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.

13. Termination; Breach.

You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your status as a Member or as a participant in an affinity group of Members, or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform.

14. Trademarks; Copyrights; Proprietary Rights.

14.1 BlackSpectacles.com’s Trademarks. BlackSpectacles.com, Black Spectacles and other trademarks, service marks, and other logos, products and service names as indicated by us, are trademarks of Black Spectacles. (the “Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Trademarks without the prior written consent of Black Spectacles.

14.2 Copyrights and Trademarks of Others. BlackSpectacles.com respects the intellectual property of others, and we ask our Users to do the same. To the extent that you use a trademark that is the property of a third party, you shall provide clear notice that (a) you do not own the trademark and that the trademark is the property of a third party, (b) you have no affiliation, connection or association with that third party, and (c) that third party has not approved or sponsored your use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.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; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:      

Copyright Agent

BlackSpectacles.com

222 Merchandise Mart Plaza, Suite 1212

Chicago, Illinois 60654

 

By Email: [email protected]

14.3 Proprietary Rights. You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by BlackSpectacles.com or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.

15. No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of BlackSpectacles.com’s Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service.

16. Additional Terms

16.1 Notices. Except as otherwise stated, any notice to us shall be given by either courier service or certified postal mail, return receipt requested, to Black Spectacles, Attn: Legal Department, 222 Merchandise Mart Plaza, Suite 1212, Chicago, Illinois 60654, or by email to [email protected] and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.

16.2 Incorporation by Reference. Our privacy policy statement is incorporated below by reference. We may change our privacy policy statement at any time.

16.3 Entire Agreement. This Agreement constitutes the entire agreement between you and BlackSpectacles.com, superseding any prior agreements between you and BlackSpectacles.com. To the extent that you have previously registered with BlackSpectacles.com and provided Your Information, this Agreement now governs how BlackSpectacles.com may use Your Information, whether provided in the past or the future.

16.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and BlackSpectacles.com is intended or created by this Agreement.

16.5 Governing Law. This Agreement and the relationship between you and BlackSpectacles.com shall be governed by the laws of the State of Illinois without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. You and BlackSpectacles.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois.

16.6 Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by BlackSpectacles.com, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of BlackSpectacles.com’s assets, or similar transaction.

16.7 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.

16.8 No Waiver. BlackSpectacles.com’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

16.9 Severability. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and BlackSpectacles.com nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

* 16.10 Survival. Sections 2.4 (License), 2.6 (Consent to Disclosure) 3.3 (Non-Interference with Platform), 4 (IncBizNet Gatherings), 9 (Indemnity), 10 (Warrants; Liabilities), 11 (Dispute Resolution) and 16.5 (Governing Law) shall survive any termination or expiration of this Agreement.

16.11 Limitation. You and BlackSpectacles.com each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

16.12 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

This Terms of Service Agreement is effective as of February 2, 2011

 

 

BLACKSPECTACLES.COM PRIVACY POLICY

Updated as of February 2, 2011

Safeguarding your privacy is very important to us. We take seriously the collection of any personally identifiable information and personal contact information (“personal information”) from our visitors and are committed to protecting each visitor’s privacy in accordance with these policies. We use the term “visitors” to include registered members of Inc. communities and any other person that accesses our websites at any point for any amount of time, unless designated otherwise. Please carefully review our information collection practices and privacy protections below.

1.0  Who We Are And How To Reach Us

Black Spectacles owns and operates the BlackSpectacles.com website, the BlackSpectacles.com website, and all websites under the root domain of BlackSpectacles.com (collectively referred to in this statement as the “Website”). You may contact us directly if you have any questions regarding the content and material on the Website or if you have any questions about our privacy policies. Please contact us at [email protected] or Privacy Officer, Black Spectacles, 222 Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654

2.0  Collection of Personal Information

We provide various informative, educational, and entertaining features as part of the Website. To operate these features, we collect certain non-personal and personal information from our visitors for specific purposes. For Website activities that request personal information, you agree to provide accurate and current information about yourself. We may conduct contests, sweepstakes and/or special events through the Website. To participate in these events, you must meet the designated criteria for participation, and minimum age requirements (for example, twenty-one (21) years of age or older) for the specific event.

We may retain personal information for an indefinite amount of time to preserve our database and to comply with various federal and state laws.

3.0  Use and Collection of Information by the Website

To participate on the Website, or in online activities, special events, contests, sweepstakes or other features available on the Website, you may be required to provide personally identifiable information such as your name, street and e-mail addresses, telephone number, birth date and gender (“personal information”). We may also survey visitors about various topics, including how we can improve our website and services. Response to our surveys is entirely voluntary.

We collect personal information for several important purposes, including to operate our membership base, protect the security of our visitors and the Website, improve our service and the Website, distribute our newsletters, notify the winners of our contests and sweepstakes, allow participation in specified activities and for future marketing and/or promotional use n connection with the Website and other products and services provided by Black Spectacles.

The only personal information the Website obtains about you is information voluntarily provided by you through the Website. This means that a person can visit the Website and navigate through the Website without giving us personal information. To gauge the effectiveness of the Website, we may collect non-personal information about our members and visitors, such as Internet server and browser identification, the Internet service provider, clickstream information, the web page from which a person enters our site, webpages visited, duration of visit and domain type. This information does not reveal a visitor’s personal identity.

We may produce certain competitions, fellowships and special events with the support of affiliated or non-affiliated sponsors and/or promotional partners. The personal information collected through the Website in conjunction with such events may also be used for the marketing of additional services and events by Black Spectacles and/or its promotional partners and sponsors beyond the contest, sweepstakes and/or special event. Depending on the event, visitors will be able to either grant their approval on how their personal information will be used before it is collected (“opt-in”), or choose to deny use of their information for additional purposes (“opt-out”).

For each contest, sweepstakes, and/or special event, we will post on the Website applicable rules or terms for the event, and if necessary, post any supplemental terms and conditions or privacy provisions. To the extent there is a conflict between those privacy provisions and this policy, the privacy provisions for the specific event will govern.

4.0  Use and Collection of Information by Operational Providers

For the convenience of our visitors, we may provide the opportunity to purchase certain goods, merchandise and services through the Website. Companies other than Black Spectacles, its parents, partners, affiliates or subsidiaries may handle some of these transactions. We call these companies that conduct our e-commerce operations, order fulfillment and/or contract services “operational providers.” If you choose to use these optional services, our operational providers will request your personal information to fulfill your order or request. The voluntary submission of your personal information to these operational providers, including your order or request, will be governed by the specific provider’s terms of usage and privacy policies. To facilitate an order or request, we may share your personal information with the operational provider. The operational provider may also share your personal information with us. We will store this information in our membership database. In most instances, we request that our operational providers adhere to the provisions in our privacy policy and that such providers only share visitors’ personal information with Black Spectacles, unless necessary to complete a visitor’s request or order. We also request that these providers only use the personal information for the purpose of conducting the sale or fulfilling the requested service or order. However, you must read an operational providers privacy policy to determine the extent of use and disclosure of your personal information collected online. Black Spectacles, its parents, affiliates and subsidiaries are not responsible for the collection, use and disclosure practices of operational providers, nor is Black Spectacles responsible or liable for the products or services provided by operational providers.

5.0  Our Policy on Disclosing Your Information to Parties Other than Black Spectacles

We only share or disclose your personal information with companies other than Black Spectacles when it is required by law, disclosure is necessary to operate the Website or certain Website services, to protect the safety of our visitors, employees or property and/or when disclosure is consistent with Black Spectacles’ practices for services that are similarly provided offline.

We may in the future share personal information with our parents, partners, affiliates or other entities for other purposes. If we decide to enter into such sharing arrangements, we will disclose to our registered members and in this Privacy Policy the name of the entity(s) that we will share information with, what type of personal information will be shared, how the information will be used, and how to contact us if you do not want us to share your personal information (“opt-out”).

We may collect and provide aggregate information about our visitors to our advertisers, sponsors, promotional partners, and affiliates, such as how many persons visited a particular page or activity or the likes and dislikes of our visitors, but this information does not include personal information about any individual visitor. We may obtain geographic information such as zip code clustering from other sources, but this aggregate information will not reveal any personal information about a specific visitor.

6.0  Our Use of Cookies and Tracking Devices

This site uses cookies or other tracking devices. A cookie is a small data file that contains a unique identification number that a website places on your hard drive when you visit a site. The “cookie” is able to store information such as data about your computer, the type of browser you use, and how many times your computer visits a certain site. Cookies do not allow the Website to access personal information that you haven’t already provided. Cookies enable us to track how often visitors are visiting our website and specific pages, the number of entries in specific events, the estimated audience size for sponsors and advertisers, and user preferences. You can refuse to use cookies by turning them off in your browser. Please contact your browser’s software manufacturer for questions on how to disable your cookies. You do not need to have cookies turned on to use most of the Website. However, you may find that some areas on the Website will be slower, or may not function at all, and you may not be able to participate in certain activities such as contests or sweepstakes if the cookies are disabled.

The Website may use clear GIFs [Graphics Interchange Formats] (also known as pixel tags, web beacons or web bugs). A clear GIF is a tiny line of code that is programmed to collect certain information about a visit to a particular website. We use GIFs to gather non-personal, aggregate information on visits to our website, track usage of website links and assist with registration and other features. We do not disclose personal information that may be linked to our GIF collection practices to third parties. Other websites that you may link to through the Website may also use clear GIFs. Black Spectacles, its parents and subsidiaries are not responsible for the use of clear GIFs by other website operators. Visitor’s must review other website operators’ privacy policies to determine the type and extent of tracking devices used.

7.0  Our Security Procedures

We require our employees to protect the privacy of all information collected over the Website. Only employees and supervisors with specific authorization have access to databases containing visitors’ personal information. Credit card information is transmitted via encrypted technology. If we decide to share visitor information with other members of Black Spectacles, the receiving entity will also maintain the security and integrity of personal information collected over the Website. That said, it is not possible to guarantee the security or integrity of information you disclose online since a sufficiently powerful attack from an unauthorized third party, however unlikely, could compromise your data.

For the convenience of our visitors, we may offer a list of helpful website links provided by other entities and/or persons. Black Spectacles does not endorse or recommend, nor is it liable for, the products or services of any websites not owned or operated by Black Spectacles. When you visit other websites you will also be subject to the privacy policies and terms of usage agreements, if any, of that website operator.

8.0  Notification of Changes in the Privacy Policy

We will review our security measures and Privacy Policy on a periodic basis, and we may modify our policies as Black Spectacles deems appropriate. We may also change or update our Privacy Policy if we add new services or features and will post these changes in this policy. We encourage you to review our Privacy Policy on a regular basis.

9.0  Children’s Privacy Policy

Black Spectacles respects the privacy of your child and we want to share with you our policies regarding children under the age of thirteen (13). We have developed this site to appeal to visitors over the age of thirteen (13). Although visitors of all ages may navigate through our website, we do not knowingly collect personal information from persons under the age of thirteen (13). If upon notification by a parent or guardian, or discovery by other means, that a child under thirteen (13) has improperly registered on this site by using false information, we will immediately cancel the child’s membership and/or participation and delete the child’s personally identifiable information from our records.

If we decide to request information from children, we will require verifiable parental consent before we collect any personal information from children under thirteen (13) years of age, except in the following circumstances allowed by law:

(a)   To provide notice and get consent from a parent or guardian.

(b)   To respond to a one-time request from a child, after which we will immediately delete the child’s information.

(c)    To fulfill a child’s request for a subscription to a online newspaper, magazine or specific information on a regular basis and we will notify the parent or guardian before we contact the child again.

(d)   To protect the safety of a child who is participating on this site.

(e)    To protect the security or integrity of the site, take precautions against liability, respond to a validly executed subpoena or warrant from law enforcement, or if permitted under other provisions of law.

This Privacy Policy is effective as of February 2, 2011