TERMS OF SERVICE AND RULES FOR THE PROVISION AND USAGE OF BLACKHAT WORLD
The administrators and moderators of BlackHatworld.com (“BHW”) will endeavour to monitor and if necessary delete offensive or objectionable messages from this forum. Your continued use confirms that it is impossible for BHW to review all messages. All messages express the views (and the sole views) of the author, and neither the owners of BlackHat World nor Xenforo Ltd (the developers of Xenforo) can or will be held responsible for the content of any message. The publication of any message does not infer any agreement with the contents or the author.
By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, racist, sexist or implying hatred of any particular religion (or none) or which in any way a violation of the laws of England and Wales or generally. You irrevocably agree that your account maybe removed for any reason if any of the forum rules are broken by you or anyone acting on your behalf as from time set by the administrators. All content and programs shared by members on the forum will become the property of blackhatworld.com and associated company. You may not use the forum content without written permission. These rules may be updated or changed at any time without notice and come in to immediate effect when published on this website.
The owners of BlackHatWorld.com reserve the right to remove, edit, move or close any thread for any reason without prior notice and for any reason.
1. ACCEPTANCE OF TERMS
You agree and understand that all information, data, text, software, tools, photographs, graphics, video, messages or other materials (collectively "Content") posted on, transmitted through, or linked from this Site are the sole responsibility of the person from whom such content originated and who posted the said material or had it posted on their behalf. BlackHatWorld.com reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or remove any content available via the Site (without the requirement to give reasons therefore or notice thereof) for any deemed violation of the Terms or on the grounds that such content is objectionable in the sole discretion of BlackHatWorld.com. Notwithstanding, BlackHatWorld.com is not an information content provider and cannot accept any liability under the Defamation Act or at all for any content on the site pursuant to the Act. If any such objectionable content or any defamatory content is drawn to our attention we shall look at the same and consider suspension or deletion of any such article. You understand that BlackHatWorld.com does not control, does not take part in creating or generating, and is not responsible for development of Content made available through the Site, and that by using the Site you may be exposed to Content that is offensive, indecent or objectionable, and that you continue to use BlackHatWorld.com at your own risk. Trigger or safety warnings are not provided as aforesaid because the matters posted are beyond BlackHatWorld.com’s control and knowledge.
Furthermore, the BlackHatWorld.com site and Content available through the Site may contain links to other websites, which again are completely independent of BlackHatWorld.com. BlackHatWorld.com makes no representations or warranties as to the accuracy, completeness, authenticity or any bona fides of the information contained on any such site. In linking to other materials you do so at your own risk. The terms of linking to third party material are more fully set out in Section 16 below.
You must utilise your own discretion to evaluate, and bear all risks associated with the use of any Content and the clicking of any links. You may not rely on the said Content, and under no circumstances will BlackHatWorld.com be liable in any way for any Content or for any loss or damage of any kind howsoever incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site in the jurisdiction of England and Wales or worldwide.
You agree that you will be responsible for your own conduct and any content that you create, transmit or display while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper, and in accordance with the Terms of service published herein and any applicable policies or guidelines. To report any activity or content that may violate the Terms, please email "Abuse/at/BlackHatWorld.com" so that BlackHatWorld.com may take such action (if any) as it deems appropriate to remove or monitor such content. BlackHatWorld.com may make a commercially reasonable effort to respond, but does not guarantee or warrant that it will respond to or will indeed take any action in response to any such notifications, and therefore cannot be responsible for any failure to respond.
All content and usernames should be posted in the English language.
You irrevocably agree to follow specific forum rules as detailed in any thread announcements and confirm that deviations may result in a ban of usage on the site.
3. PROHIBITED CONTENT AND ACTIVITIES
BlackHatWorld.com sets guidelines for what may appear on the Site, but exercises no control or pre-approval over the Content of the Site and any posting and is unable to police or monitor all such Content. BlackHatWorld.com makes no representations about its ability to enforce such guidelines.
As part of BlackHatWorld.com's guidelines, please be advised that BlackHatWorld.com does not encourage or promote any posts or discussions concerning unlawful activities, fraud, deception or any post including or otherwise having discussions relating to fraudulent activities such as "Cookie Stuffing," "E-Whoring," "PVA" activities, or using classified ads in a deceptive manner.
In the overwhelming majority of instances, however, BlackHatWorld.com has no control whatsoever over the Content, due to the volume of the Content and because the Content is posted from people over whom BlackHatWorld.com exercises no control. As such, BlackHatWorld.com cannot and does not screen each post before such posts appear on the Site, and BlackHatWorld.com can make no guarantees, representations or warranties of any kind, expressed or implied, about the Content provided on the Site. BlackHatWorld.com assumes no responsibility for the Content of the Site, including the contents of any posts included in the forums or otherwise linked to the BlackHatWorld.com site or in any web page linked to a third party within the BlackHatWorld.com site.
If you have any reason to believe that any Content pertains to discussion of unlawful activities, please inform us forthwith at the email address cited above so that we may take such reasonable action if we deem fit to remove, amend or suspend such content. BlackHatWorld.com will make a commercially reasonable effort to respond, but does not guarantee that it can or will respond to or take action in response to any such notifications, and therefore cannot be responsible for a failure to respond.
The following are examples of content or activities that are prohibited on the Site, site mods / admin decision will be final in all respects:
3.1. Criminal, or tortious activity, including, but not limited to Hacking, Botnets, Identify Theft, Carding (credit card theft or “skimming” ), Pharma stuff (including prescription medications as defined by FDA “Orange book” or any pharmaceutical guide issued by UK authorities such as the British National Formulary), Ponzi schemes, Cash gifting, Cookie Stuffing involving fraud, Spamming techniques, The sale of fake ID's for the purposes of financial fraud, terrorism or drug related activity or any criminal purpose of any description.
3.2 Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
3.3 Activity that involves Currency Trades or Exchanges (Example: Exchanging PayPal for eGold money), Buying/Selling CPA accounts, Buying/Selling Social Security Numbers or Identities, CPA offer filling circles, Paying to have CPA offers filled, Requesting fake review comments for other forums' Marketplace sections, Digg / Stumble (or similar) requests and trades, Asking how to make $xxx/day, Any "fake" account for the purposes of defrauding a network or individual, promoting other forums by any means including in your signature, promotion of coaching or training services, creating more than one account on BHW for the purposes of post count inflation or gaming the system.
3.4 Engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated in any manner that could be reasonably interpreted as coercive, incentivised, misleading, malicious, or otherwise fraudulent.
3.5 Engaging in post count inflation by posting excessive amounts of short replies for the sole purpose of inflating your post count. This includes the infamous “thanks for the share.” (If you’d like to say “thanks” to someone for their effort/contribution, make use of the Like button).
3.6 Advertising to, or solicitation of, any member to buy or sell any products or services through the unauthorised or impermissible use of the Site such as PM solicitation. (Note: If you have something you want to sell on this forum, post it in the Marketplace SubForum.
3.7 Engaging in content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
3.8 Advertising any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited by U.S law (State or Federal) or English law.
3.9 Contests, Sweepstakes and Requests for donations is prohibited without Admin approval.
3.10 Charitable donations - any links/threads relating to charity donations should be processed through approved charity pages on justgiving.com or similar.
3.11 No domain names as usernames unless you're an Enterprise member.
3.12 No list-building
3.13 No posts that are political (write to your politician) or medical (visit your doctor) in nature.
4. AFFILIATE LINKS
Affiliate links are permitted only in the "Affiliate Programs" section of the forum, or in your signature. Affiliate links include links to your website or blog which redirects to an affiliate link. If you wish to let people know about a new website or program, please create ONE thread in the Affiliate Programs forum and provide detailed information about the program, and include two links. One should be an affiliate link and one a non-affiliate link. You MUST give others the choice to sign up through your link. Also, do not try to circumvent the Terms by posting about an affiliate program, and requesting others to private message you for additional information. Such conduct is no different than affiliate link spam. In those circumstances BlackHatWorld.com reserves the right, but is not obligated, to remove your affiliate link, and to issue an infraction or implement a ban, upon notification of any violation of this Section 4.
You must be a Paid Member on this forum in order to use text, links or images in your signature. You may post up to 3 affiliate links or 1 banner comprising of 728x90 pixels maximum in your signature. Do not use a font size any larger than 15, crazy fonts/colours, sound clips, excessive smileys, or anything else annoying. For the avoidance of doubt, this includes calls to action such as "Private Message me".
5.1 - Signature Banners should not display bare skin or nudity, persons in bikinis and lingerie are also not acceptable. Suggestive images, religious references, or vulgar language are also not acceptable. Your signature maybe removed at BlackHatWorld.com's discretion and any infraction will be applied. Banners should not be similar to other advertisers on the site so as to mislead or create confusion or passing off. This includes signatures within threads. You are permitted to use jpg, png or limited animated gif’s, the refresh rate on any graphic or text within the gif should not be less than 3 seconds. Annoying or flashing images are NOT acceptable, including text flashing, and text flying in at any position, glitch effects, flash is NOT accepted. The file size of any banner should not exceed 200KB, ideally, your banner size should be 100KB or less for loading speed - banners slowing BlackHatWorld.com may be removed. Your banner should not contain claims which are false, misleading, non-quantifiable or passing off such as "Position 1 guarantee" or “Approved by Google” in circumstances when they have not been so approved by Google or any other third party.
6. COOKIE STUFFING
The discussion and/or activities of cookie stuffing are STRICTLY PROHIBITED, including discussion or posting of scripts or tools pertaining to cookie stuffing or the offering of advice. The engagement or facilitation and assistance in cookie stuffing activities may subject users to criminal and/or civil prosecution as appropriate and if so advised.
7. THE REPORT BUTTON
If you believe a post to be in direct violation of the Terms, please report it to us by using the report button (the "!" button). You will find a report button next to every post, as well as in each private message that you receive. Clicking the button will inform the BlackHatWorld.com Administrator(s) and/or Moderator(s) of the location of the deemed offending post or personal message. This will enable BlackHatWorld.com to take reasonable action in its discretion to remove any such post. BlackHatWorld.com will make a commercially reasonable effort to take such action as it deems fit, but does not guarantee that it will respond to or will take action in response to any or all such notifications, and therefore cannot be responsible for a failure to respond. Using the report button may be an effective means of countering spammers or others posting objectionable content. If you simply ignore objectionable posting, the posts will likely not be addressed by BlackHatWorld.com as it does not actively monitor the Site. Reporting a post is completely anonymous, and BlackHatWorld.com will not disclose your identity to the individual you are reporting, and will not publish the fact that you have made any report(s).
8. THE "THANKS" BUTTON
If you have found the information from another member useful or helpful, please feel free to make use of the "Thanks" button, instead of posting a reply that merely says "thank you." This helps us to keep the forum clean and free from clutter, and helps to improve the other person's reputation on the forum. You may also use the Add Feedback button to give another user positive or negative rep as you see fit, and you may also include a brief note to the other member.
Feedback is a member rating system that replaces "iTrader" (June 2020), similar to eBay®'s feedback system. Feedback allows you to leave a Positive, Neutral, or Negative rating for the performance of other members as either buyers or sellers after you have conducted a business transaction with them. Feedback ratings are viewable by the public, which allows you to view other members' feedback scores, and make a decision as to whether or not you would wish to conduct business with them. You agree that these are subjective personal assessments and BlackHatWorld.com does not independently verify the accuracy of any feedback ratings and does not make any representations about the reliability of the feedback rating system, and is in no way responsible for any such ratings. feedback is only to be used AFTER a business transaction has concluded. If you are considering posting a negative feedback in regards to a member, we suggest that you do all that is reasonable to contact the other party to resolve the problems directly first. Please be patient and remember that people have to sleep and cannot be online all the time and may be ill or away on vacation. Please do NOT abuse our feedback system! We reserve the right, but do not have the obligation, to ban any user posting fraudulent feedback ratings or falsely uprating their score.
10. INFRACTIONS AND BANS
Although BlackHatWorld.com does not have the ability to police the Site, our administrators and moderators reserve the right, but do not have any obligation, to issue infractions or bans as they see fit in their absolute discretion. If you receive 3 infractions on the forum, again at the absolute discretion of BlackHatWorld.com, you may be permanently banned from the Site or suspended for a period.
11. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply with any trademark or patent legislation worldwide or any other applicable law and to terminate the account of infringers whether repeat or otherwise. The uploading of any copyrighted material to the site without the express permission of the copyright holder is prohibited both under criminal and civil law in various jurisdictions. Do not try to use any sneaky tactics, or provide downloads that provide anything malicious non-exclusively but by way of example Spyware, Adware, Warez, Viruses, Trojans, etc. Such tactics will result in a ban of your account if we are notified and the notification of the appropriate authorities. Please check your uploaded files for viruses BEFORE uploading them by scanning them for free at virustotal.com
If you have a good faith belief that a copyright in your work has been infringed on the Site, or any intellectual property rights have been infringed or otherwise violated, please notify BlackHatworld's agent for notice of claims of copyright or other intellectual property infringement at "Abuse/at/BlackHatWorld.com."
When notifying us please provide the following:
a) Identify the material on the Site that you claim is infringing, with enough detail so it may be located on the Site;
b) A statement by you that you have a good faith belief that there is a bona fide dispute that the use is not authorized by the copyright owner (if you) or its agent, or the law and if you are the agent in what capacity you are reporting;
c) A statement by you declaring that the above information in your notice is accurate, that you are the owner or the agent of the copyright interest involved or that you are authorised to act on behalf of that owner and that you make such a declaration knowing that if the same is not true you may be prosecuted to the full extent of the law and any civil or criminal proceedings;
d) Any other information as may be required or assistance.
12. FOR SALE/SERVICES SECTION
We reserve the right to charge a fee to post content in some areas of BlackHatWorld.com. The fee is an access fee permitting content to be posted in a designated area. Each party posting content to the Site is responsible for the content and for the compliance with all other Terms and Conditions in this agreement. All fees paid will be non-refundable in the event that such content is removed from the Site for violation of any of the Terms in the absolute discretion of BlackHatWorld.com. Use of the term "For Sale" and "Freelance" sections are at your own risk. Please note that this is not an arbitration or mediation forum, and BlackHatWorld.com will not act as an intermediary between any person or parties. BlackHatWorld.com are not liable for or responsible in respect of any damages or losses of any kind whatsoever that result from the use of this forum, its subsections, its members, staff, or transactions. However, BlackHatWorld.com reserves the right, but has no obligation, to take action against any and all scams that are notified to BlackHatWorld.com on the Site. All claims of fraud or scams must be substantiated with proof. No selling or offering of services or (“want to buy”) threads outside of this forum without written Administrators permission are permitted. Members that ignore this warning will be issued with an infraction or banned without notice at the sole discretion of the administration team.
You acknowledge that BlackHatWorld.com reserves the right to charge for any portion of the Site and to change its fees from time to time in its absolute discretion and without notice. If BlackHatWorld.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
13.1 Junior VIP status. In order to gain entrance to the Jr. VIP area, you must be a member of the Site for at least 60 continuance and immediately prior days and have at least 100 quality posts. You must also make the required annual donation to the forum. Jr. VIP membership confers you access to other forums which are NOT indexed by any search engines or viewable by any non Jr. VIP members.
13.2 Executive VIP. This section of the Site is available to Site veterans only. In order to gain entrance to the Executive VIP forum, you must be a member of the Site for at least 3 consecutive and immediately prior months and be nominated by another VIP member. Once nominated, you must then be voted on by all of the other VIP members. You must receive at least 51% of the votes in order to gain access. If you are a loner, or do not play well with others, please do not anticipate or attempt to join the VIP executive forum. If you wish to join the VIP section you are advised to join the Jr. VIP section first and then stand out as being a helpful and productive member of that forum.
13.3 Subscription Charges: Unless otherwise specified in the Supplementary terms, all charges associated with Your Account (“subscription charges / membership charges”) are due in full and will be payable in advance, in accordance with Section 13.4, when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Membership Levels You choose and are payable in full until You terminate Your Account in accordance with Section 17. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the membership (s).
13.4 Payment methods: You may pay the Membership Charges through Your credit card, or other accepted payment methods as specified in a Form. For credit card payments, Your payment is due immediately upon Your receipt of Our invoice. You hereby authorise our authorised agents or us as applicable, to bill your credit card upon your subscription to the membership (s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within thirty (30) days of our invoice date unless otherwise stated in a form.
13.5 Renewal: Your subscription to the membership (s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any form, the subscription charges applicable to your subscription to the membership (s) for any such subsequent subscription term shall be our standard subscription charges for the membership levels to which you have subscribed as of the time such subsequent subscription term commences. You acknowledge and agree that, unless you terminate Your Account in accordance Section 17, Your credit card will be charged automatically for the applicable membership subscription charges.
13.6 We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use your payment account information except to process your credit card and other payment information for us. You must notify us of any change in your credit card or other payment account information, by updating your account under account upgrades https://www.blackhatworld.com/account/upgrades
13.7 Refunds: Unless otherwise specified in these terms or a form or a membership level, all subscription charges are non-refundable. No refunds shall be issued for partial use or non-use of the membership(s) by you provided however you shall be eligible for a pro-rated refund of the subscription charges for the remainder of the subscription term if you terminate Your account as a result of a material breach of these terms by us.
13.8. Late payments/non-payment of membership charges: We will notify you if we do not receive payment towards the Membership charges within the due date for your account. For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of Our notice. For payments through other accepted methods, we must receive payments within a maximum of fifteen (15) days from the date of our notice. If we do not receive payment within the foregoing time period, in addition to our right to other remedies available under law, We may (i) charge interest at a rate of 1.5% per month for late payment and/or; (ii) suspend your access to and use of the service(s) until we receive your payment towards the Subscription Charges as specified herein and/or; (iii) terminate your account in accordance with Section 17.
13.9 Upgrades and Downgrades: You may upgrade your account or downgrade within a membership level or between two membership levels in accordance with the provisions below.
13.9.1 Upgrades: You may upgrade Your account at any time during your subscription term. When you upgrade the new subscription charges become immediately applicable and the new Subscription Charges for the subsisting year would be charged on pro-rated basis and your credit card will be charged automatically. Subsequent years will be charged in full according to the new subscription charges.
13.9.2 Downgrades: If you subscribed to the service(s) before 1st September 2020, You may downgrade your account at any time during your membership term but before its renewal in accordance with section 13.3 above. However, if you choose to modify your subscription term after 1st September 2020, You will not be able to downgrade your account during your new subscription term as provided herein earlier. You agree that all downgrades in accordance with this Section 13.9.2 will be applicable only from the subsequent term. If You plan to downgrade your membership, please provide us with notice by writing to [email protected] at least seven (7) business days prior to the expiry of your current subscription term. You understand that downgrading your membership may cause loss of content, features, or capacity of the service(s). You agree that we will not be liable for any loss due to such downgrading of your membership. You must ensure that you always opt for the membership level that suits your business requirements.
13.10 Applicable Taxes: Unless otherwise stated, the membership level charges do not include any taxes, levies, duties or similar governmental assessments. including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the taxes that would be levied against you by government authorities. We will invoice you for such taxes if we believe (in our reasonable opinion) we have a legal obligation to do so and you agree to pay such taxes if so invoiced.
13.11 User Benefits: We may, at our sole discretion, offer you certain benefits such as discounts on membership charges, extension in membership term for no extra payments from you, with regard to the membership(s). These benefits are specific to your account and the membership(s) identified while offering these benefits. They are not transferrable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of the offer.
14. THE "SHITLIST"
If for some reason you are found to be a scammer, dishonest or otherwise providing the forum with dishonesty in regards to lying or exaggerating about products, reviews, testimonials, earnings, or anything in the absolute discretion of BlackHatWorld.com that is scammish in nature, you may find yourself on the "Shitlist." If you find yourself or any product with which you are involved in the "Shitlist" and wish to redeem yourself and be removed, you must contact an Administrator or Moderator and fully explain your version of events. The Administrator or Moderator will make a commercially reasonable decision and consider the fairness or otherwise and reserves the right to contact any or all parties involved which will result in either you remaining on the “Shitlist” or you being cleared or removed. BlackHatWorld.com disclaims all liability for any actions or omissions in connection with the "Shitlist". If you do not reply to the "Shitlist" thread, you will stay there permanently. Anyone caught abusing the Shitlist, or falsely accusing anyone of something worthy of a place in the Shitlist, may receive an infraction and/or be banned as we see fit or indeed join the “Shitlist” themselves.
15. THIRD PARTY CONTENT, SITES, AND SERVICES
BlackHatWorld.com may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BlackHatWorld.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. BlackHatWorld.com may also select certain sites or sponsored content as priority responses to your search terms, and link to third party sites or information about third party products or services. Please note the sites may be based anywhere in the world and be subject to other jurisdictions and laws.
The Site is supported in part by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by BlackHatWorld.com on its services is subject to change. As consideration for your use of the Site, in addition to any other fees that you have agreed to, you agree that BlackHatWorld.com may place such advertising on the Site and that BlackHatWorld.com shall not be responsible or liable for any loss or damage of any sort whatsoever and howsoever incurred by you as a result of the presence of such advertisers on the Site or any subsequent dealings with such advertisers even if they may be in direct competition with you.
Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and any such organizations and/or individuals. You should make whatever investigations you feel are necessary and appropriate before proceeding with any online or offline transaction with any third party. As aforesaid, BlackHatWorld.com will not act as an intermediary, arbitrator or mediator in any such dispute.
You agree that BlackHatWorld.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that BlackHatWorld.com is under no obligation to become involved. In the event that you have a dispute against one or more other users, you hereby irrevocably release and indemnify BlackHatWorld.com, its owner(s), officers, agents, employees and successors in rights from any claims, demands and damages (actual or consequential) costs or disbursements of every kind or nature, known or unknown, or which in any way is related to such disputes and / or our service. You will irrevocably agree to indemnify on a full indemnity basis BlackHatWorld.com for any costs or disbursements including solicitors or Counsel’s fees in respect of any action either against BlackHatWorld.com or in which BlackHatWorld.com is enjoined, summoned, witness summoned, subpoenaed whether ad testificandum or duces tecum or in any way required to be involved in any litigation involving itself or between members. The law of England in all such circumstances will apply.
17. TERMINATION OF ACCOUNT
You may discontinue your use of the Site at any time. You agree that BlackHatWorld.com may at any time and for any reason or no reason at all, including a period of account inactivity, terminate your access to the Site, terminate or amend the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to the Site, your account or any files or other content contained in your account. The terms of this Section 17 shall survive expiration or termination of the Terms and any sums paid on account will be forfeit.
18. PROPRIETARY RIGHTS
BlackHatWorld.com does not claim any ownership rights in the text, files, images, works of authorship, applications, or any other materials (collectively, "Third Party Content") that its users post. By posting Third Party Content in any public area of the Site, you automatically grant, represent and warrant that you have the moral and legal right to grant to BlackHatWorld.com an irrevocable, perpetual and non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Third Party Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third party Content to any public area of the Site, you automatically grant BlackHatWorld.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Content on the Site by any party for any purpose.
19. RELEASE AND INDEMNITY
By agreeing to the Terms, you hereby acknowledge, that "You", on behalf of yourself and any partners, members, operators, managers, affiliates, subsidiaries, predecessors, successors, assigns, administrators, officers, agents, partners or affiliates of any partners, members, operators and managers (collectively, the "Releasors"), hereby irrevocably and unconditionally release and forever discharge BlackHatWorld.com, its affiliates, and its owner, a limited liability company, and each of their beneficiaries, trustees, owners, predecessors, successors, assigns, administrators, agents, officers, directors, shareholders, employees, Site administrators, servicers, representatives, lawyers, and affiliates, and all persons acting by, through, under, or on behalf of or in concert with any of the aforesaid persons, or entities or persons (collectively, "Releasees"), from and against any and all liability, and from and against any and all causes of action, including any and all suits, covenants, contracts, agreements, debts, liens, obligations, liabilities, claims, demands, damages, judgments, executions, losses, orders, penalties, legal costs, disbursements and expenses of any nature, including, without limitation, solicitors fees, Counsels fees and disbursements or any experts fees of any kind of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, liquidated or unliquidated, and whether known in law at this time or which come into law at any future period which any of the Releasors ever had or now have or hereafter may have, whether in law or in equity, and whether directly or indirectly, to the Site or use thereof. Releasors further agree to defend, indemnify, and hold Releasees harmless from and against all claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees (on a full indemnity basis) resulting from, or alleged to result from, the Releasors' violation of these Terms. It is expressly agreed by you before you enter into this contract that the Unfair Contract Terms Act 1977 is such that these do not constitute unreasonable contractual terms and that if you do not wish to accept them you must not utilise the site or contract with BlackHatWorld.com. You acknowledge that you had the right and opportunity to obtain legal advice prior to accepting the terms contained herein
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND, AGREE AND IRREVOCABLY AGREE THAT:
YOUR USE OF BLACKHATWORLD.COM AND THE SERVICE IS AT YOUR SOLE RISK. BLACKHATWORLD.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACKHATWORLD.COM AND ITS OWNER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SUITABILITY FOR PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY AND NON-INFRINGEMENT.
BLACKHATWORLD.COM AND ITS OWNERS DO NOT WARRANT THAT
(i) BLACKHATWORLD.COM SERVICES WILL MEET YOUR REQUIREMENTS
(ii) BLACKHATWORLD.COM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BLACKHATWORLD.COM SERVICES WILL BE ACCURATE OR RELIABLE
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH BLACKHATWORLD.COM SERVICES WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(vi) THAT BLACKHATWORLD.COM ARE IN ANY WAY CONNECTED WITH AGENTS FOR YOU, AGENTS FOR ANY MERCHANDISER OR ARE IN ANY WAY RESPONSIBLE FOR ANY CONTRACT MADE THROUGH OR CONCLUDED WITHIN THE FORUMS BETWEEN YOU AND ANYONE ELSE
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BLACKHATWORLD.COM SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL WHETHER OWNED BY YOU OR TO ANYONE ELSE TO WHOM YOUR COMPUTER OR YOU HAVE TRANSMITTED SUCH DAMAGED SOFTWARE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLACKHATWORLD.COM OR THROUGH OR FROM BLACKHATWORLD.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
IF YOU DO NOT UNDERSTAND OR AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE THIS SITE. BY USING THIS SITE, YOU IRREVOCABLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF ITS PROVISIONS WITHOUT AMENDMENT.
21. INTELLECTUAL PROPERTY
This Site is protected by our copyrights, trademark and/or service mark rights, trade secret rights, and any and all other intellectual property laws worldwide. We own all such intellectual property. If you create derivative works of our product(s), despite the prohibition on doing so, you agree that we will own the intellectual property in those works and reserve the right for you to account to us for any profits made and that you will indemnify us in respect of the legal and accounting costs in the analysis provision investigation of any such infringement and the assessment of damages thereunder.
BlackHatWorld.com is owned by DotCom Consultancy Ltd. Registered address: Technology House, 151 Silbury Blvd. Milton Keynes, Bucks, MK9 1LH United Kingdom, company number 06011415 a limited liability company registered in England and Wales. BlackHatWorld.com makes no claims that may not be legal by certain persons in certain countries. If you access the Site from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of that jurisdiction particularly regarding religious, sexual or adult content. You are also responsible for any pharmaceutical or drug related infringements where a legally licensed drug in one country may not be licensed nor may its manufacture, components or artefacts in use thereof may also be banned. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of any such term or condition. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Content; Third Party Content, Sites, and Services; Termination of Account; Disclaimer of Warranties; Release and Indemnity; Jurisdiction; and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with BlackHatWorld.com, in anywhere in the world, or in any way relating to your Site, rests solely with the courts of England and you further agree expressly to the exclusive use and exercise of personal jurisdiction in the courts of England in connection with any such dispute howsoever or wheresoever occasioned including any claim involving BlackHatWorld.com or its owner(s), affiliates, subsidiaries, employees, contractors, officers, directors, agents, telecommunication providers, content providers, legal and accounting advisers. These Terms are governed by the internal substantive laws of England , without respect to its conflict of laws principles.
24. COMPLETE AGREEMENT
Save as expressly may be provided in a particular "legal notice" on the BlackHatWorld.com Site, these Terms constitute the entire agreement between you and BlackHatWorld.com with respect to the use of the BlackHatWorld.com Site and Content.