Terms & Conditions

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Terms & Conditions

These Terms of Service (“Terms” or “TOS”) govern Your use of theblacklist.xyz (the “Site”). The Site is owned and operated by: The Blacklist Online, LLC

Email: theblacklistxyz@gmail.com

1. INTRODUCTION

As used herein, the terms “We” or “Us” or “Our” means The Blacklist Online, LLC and its officers, agents, and employees. The "Site" means theblacklist.xyz, and “You” or “Your” means each user of the Site.

By using the Site, You warrant and represent that You have read our entire TOS, and You accept the terms in full. You further agree to comply with, and to be bound by, these terms. If You disagree with any part of our TOS, You must not use the Site.

You must be at least 14 years of age to use the Site. By using the Site, You warrant and represent that You are at least 14 years of age.

The Site may use cookies. By using the Site, You consent to our use of cookies in accordance with the terms of our Privacy Policy.

2. ACCEPTABLE USE

The goal of the Site is to help educate the public about issues relating to the cannabis industry and similar topics. To achieve that goal, we publish news and information and allow users to share their stories with the entire world. With these goals in mind, our rules are pretty simple:

-- If you post anything on our Site, above all else: be honest! False posts are illegal and may expose You to significant personal liability. So don’t lie.

-- Be detailed. Remember to always include the five Ws – who, what, where, why & when. Include specific details about who was involved, what they said, where it happened, when, etc.

-- Be fair. It’s pretty rare for a dispute to be totally someone else’s fault. Are you partially to blame? OWN it. This will carry a lot of weight for other people reading your story.

-- Update as needed. If you submit a story and something good comes from it, please come back and update your post. Let us (and the world) know what happened.

Pursuant to Section 230(c)(1) of the U.S. Communications Decency Act, 47 U.S.C. § 230 (the "CDA"), We are not responsible for the accuracy of information posted on the Site by third party users. In short, if someone posts false information on the Site, you may have the right to pursue legal action against the author of that information, but We are not liable simply for providing a forum where such content is hosted.

We reserve the right to review all new submissions and to exclude or remove anything that We, in our sole editorial judgment, deem inappropriate. We do not guarantee that posted stories will be complete or accurate. We also do not guarantee that all submissions will be posted.

3. PROHIBITED USE

You must comply with the following standards:

-- Do not post anything that is false, defamatory, an invasion of privacy, or which is otherwise illegal

-- Do not post material that violates someone else’s intellectual property rights

-- Do not post nudity, pornography, or obscenity

-- Do not post threats of violence/harm

-- Do not post images of minor children except when relevant to the story (i.e., a kidnapping case)

-- Do not post hate speech (harsh criticism is OK)

-- Do not promote illegal conduct or encourage others to engage in criminal acts

You must not use the Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or from the Site without Our express written consent. You must not use this website for any purposes related to marketing without Our express written consent.

4. ACCESS RESTRICTIONS

Access to certain areas of this website may be restricted from time to time. We reserve the right to restrict access to any areas of this website, or the entire website, at our discretion. You must ensure that Your user ID and password are kept confidential at all times.

5. ASSIGNMENT OF RIGHTS; REMOVAL OF POSTED MATERIAL

By posting material on the Site, You agree to assign Us, and automatically do assign, all exclusive rights including the copyright, in any and all such material You post. You understand that this assignment qualifies as a transfer of copyright ownership pursuant to 17 U.S.C. § 201(d), and that Your registration for an account with the Site shall be deemed a valid electronic signature within the meaning of the e-Sign Act, 15 U.S.C. § 7001(a)(1). You further understand and agree that material You submit to the Site will not be removed once it is posted, except as otherwise provided in the Terms or pursuant to our sole editorial discretion.

6. COPYRIGHT COMPLAINTS/DMCA COMPLIANCE

We respect intellectual property rights. Accordingly, if You believe that someone has posted material that infringes your rights, please let us know immediately. For more information regarding how to submit a copyright-based removal request, please visit our DMCA/copyright page here: https://theblacklist.xyz/copyright

7. NO WARRANTIES

The Site is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.

We do not warrant that the Site will be constantly available, or available at all; or the information on the Site is complete, true, accurate or non-misleading.

Nothing on the Site constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal, financial or medical matter You should consult an appropriate professional.

8. LIMITATIONS OF LIABILITY

We will not be liable to You (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with Your use of the Site to the extent that the website is provided free-of-charge, for any direct loss, for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if We have been expressly advised of the potential loss.

9. NO DUTY TO WARN AND ALTERNATIVE WARNING REGARDING RISK OF USE

Some courts have suggested that in certain situations, website operators may (or may not) have a "duty to warn" their users about certain risks of using their websites. For one example, see Jane Doe 14 v. Internet Brands, Inc., 824 F.3d 846 (9th Cir. 2016).

To the fullest extent permitted by law, You understand and agree that by using this Site for any reason, You do so at Your own risk. Under no circumstances should any user of this Site assume that We have a duty to warn them about any risk that using this site may entail. To be clear - We accept no such duty to warn, and We disclaim any and all responsibility to warn users to the fullest extent permitted by law.

Notwithstanding this provision, You should be aware that if You use this site for any unlawful purpose (i.e., trafficking or attempting to traffic in controlled substances in a location where such conduct is unlawful), Your actions may result in criminal and/or civil liability. If You have any questions regarding potential criminal or civil liability arising from Your use of this Site, please consult with an attorney in Your area as we cannot and will not provide You with any legal advice regarding such issues.

10. INDEMNITY

You hereby indemnify Us against any losses, damages, costs, liabilities and expenses incurred or suffered by Us arising out of any breach by You of any provision of these terms and conditions, or arising out of any claim that You have breached any provision of these terms and conditions.

11. BREACH

Without prejudice to any other rights, if You breach these Terms in any way, We may take appropriate action. This may include suspending Your access to the website, prohibiting You from accessing the website, blocking computers using Your IP address from accessing the website, contacting Your internet service provider to request that they block Your access to the website and/or bringing legal proceedings against You. We may, but are not obligated to, provide You with notice prior to taking any of these steps.

12. ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying You or obtaining Your consent. You may not transfer, sub-contract or otherwise deal with Your rights and/or obligations under these terms and conditions.

13. SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. ENTIRE AGREEMENT

These Terms constitute the sole and entire agreement between You and Us in relation to Your use of the Site. These Terms supersede all previous agreements in respect of Your use of this website.

15. CALIFORNIA ONLINE ERASER ACT COMPLIANCE

The State of California recently passed a new “Online Eraser” law which is supposed to require websites to delete content posted by minors when asked by the original author. The new law became effective on January 1, 2015 and you can read a copy here:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB568

For various different reasons, we do not believe that California’s “Online Eraser” law applies to the Site. However, until the courts have resolved this issue we are willing to consider removal requests from California residents who posted content on our site while they were under the age of 18, subject to appropriate proof.

If you would like to request removal under this law, please send an email to theblacklistxyz@gmail.com and put “California Online Eraser” in the subject line. Please include a link to the page in question and a

clear copy of your government issued-ID. We may also request additional information as needed to process your request.

Also, the law requires that we provide notice of the following:

Cal. Bus. & Prof. Code § 22581. (a) An operator of an Internet Web site, online service, online application, or mobile application directed to minors or an operator of an Internet Web site, online service, online application, or mobile application that has actual knowledge that a minor is using its Internet Web site, online service, online application, or mobile application shall do all of the following:

(1) Permit a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application to remove or, if the operator prefers, to request and obtain removal of, content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the user.

(2) Provide notice to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application that the minor may remove or, if the operator prefers, request and obtain removal of, content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the registered user.

(3) Provide clear instructions to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application on how the user may remove or, if the operator prefers, request and obtain the removal of content or information posted on the operator’s Internet Web site, online service, online application, or mobile application.

(4) Provide notice to a minor who is a registered user of the operator’s Internet Web site, online service, online application, or mobile application that the removal described under paragraph (1) does not ensure complete or comprehensive removal of the content or information posted on the operator’s Internet Web site, online service, online application, or mobile application by the registered user.

16. Notice of Availability of Parental Control Protections

Federal law, specifically 47 U.S.C. § 230(d), requires the provider of an “interactive computer service” (such as this website) to “notify [each] customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors.”

Pursuant to this requirement, if you are a parent and you are interested in obtaining commercial tools to help you limit access to material that is harmful to minors, you can find a list of such tools here:

PCMag.com – The Best Parental Control Software (https://www.pcmag.com/roundup/240282/the-best-parental-control-software).

NOTE – We have no relationship with either PCMag.com or with any of the software vendors mentioned in this article. We do not endorse or recommend any specific parental control software, product, or service.

Version 1.0; last updated June 17, 2019