Terms of Service

The following terms and conditions govern all use of the theBlackBook.io website and all content, services and products available at or through the website.

Acceptance of Terms of Use– These terms of use govern your use of The Black Book (“BB”) service and all content, services, and products available through the website. The Website is owned and operated by Northland Creative Wonders (“NCW”), under license from Pelgrane Press, LTD (PP). The Website is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, NCW's Privacy Policy) and procedures that may be published from time to time on this Site by NCW (collectively, the “Agreement”). If you do not agree to the terms outlined herein, do not use the service.

1. Please read this Agreement carefully before accessing or using this web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by NCW, acceptance is expressly limited to these terms.

2. Changes: NCW reserves the right, at its sole discretion, to modify or replace any part of this Agreement. NCW will announce any substantive changes to this agreement through normal site mechanisms. It is your responsibility to check the site and this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. NCW may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

3. Your Account: If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify NCW of any unauthorized uses of your account or any other breaches of security. NCW will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

4. Access to Services & Online Communities: NCW maintains the right to refuse services or deny access to users at any-time, so as to best manage the needs of the wider online community. Community support staff maintain the right to moderate online forums on the site as they deem necessary. Community-assisted support roles such as community moderators maybe appropriated or decommissioned to any user, at any time, at the sole discretion of NCW.

5. Membership, Free Trials, Billing and Cancellation.

   • Ongoing Membership: Your BB membership, which may start with a free trial, will continue unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the BB service. We will bill the membership fee to your Payment Method. You must cancel your membership before it renews each period in order to avoid billing of the next period's membership fees to your Payment Method.

   • Differing Memberships: We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with BB by visiting our website and clicking on the "Your Account" link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

   • Free Accounts & Trial Periods: BB has a free level of service, which you may subscribe to. NCW reserves the right, with approval from PP, to determine the features and limitations of free accounts and/or your free trial eligibility. You may upgrade a free plan to a paying plan at any time. You will need to provide a Payment Method and you will be billed for the first period immediately. You may also elect to downgrade to a free plan at any time. This change will take effect at the end of your current billing period.

   • Billing: By starting your BB membership and providing or designating a Payment Method, you authorize us to charge you a membership fee at the then current rate, and any other charges you may incur in connection with your use of the BB service to your Payment Method. You acknowledge that the amount billed each perios may vary from period to period for reasons that may promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.

   • Price Changes: We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

   • Monthly Billing Cycle: If you select a subscription plan with montly billing, the membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event you’re paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your BB membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "My Membership" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

   • Annual Billing Cycle: If you select a subscription plan with annual billing, the membership fee for our service will be billed at the beginning of the paying portion of your membership and each year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event you’re paying membership began on a leap day not we may bill your Payment Method on February 28th in subsequent years. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "My Membership" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, annual or annually refers to your billing cycle.

   • No Refunds: ALL PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. IT IS THE RESPONSIBILIY OF THE SUBSCRIBER TO CHECK THEIR PROFILE TO DETERMINE PAY PERIODS AND MANAGE THEIR MEMBERSHIP. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

   • Payment Methods: You may edit your Payment Method information by visiting our website and clicking on the "Your Membership" link, available at the top of the pages of the BB website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

   • Cancellation: You may cancel your BB membership at any time, and you will continue to have access to the BB service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNPLAYED GAMES. To cancel, go to the "Your Membership" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Membership" page. If you signed up for BB using your account with a third party as a Payment Method, and wish to cancel your BB membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the BB service through that third party. You may also find billing information about your BB membership by visiting your account with the applicable third party.

6. Communication Preferences: Communication Preferences. By using the BB service, you consent to receiving electronic communications from BB relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the BB service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with BB. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You may also consent to receiving certain other communications from us, such as newsletters about new BB features and content, special offers, promotional announcements and customer surveys via email or other methods. There is no requirement to received these other communications to continue to use the BB service. If you no longer want to receive these non-transactional communications, simply go to the "Email preferences" link on the "Your Account" page of our website (www.BB.com/YourAccount) to manage your communications, or unsubscribe from the bottom of any such communication.

7. Use of Information Submitted: NCW is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the BB service, including the BB website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the BB service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note BB does not accept unsolicited materials or ideas for games, and is not responsible for the similarity of any of its games or site features to any ideas transmitted to BB. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against BB and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

8. Responsibility of Contributors: If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or any other type of digital material. By making Content available, you represent and warrant that:

   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;

   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

   • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

   • the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party (at the sole discretion of NCW); and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by NCW or otherwise.

   • By submitting Content to NCW for inclusion on your Website, you grant NCW a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, NCW may at its discretion, make reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   • Without limiting any of those representations or warranties, NCW has the right (though not the obligation) to, in NCW’s sole discretion (i) refuse or remove any content that, in NCW’s reasonable opinion, violates any NCW policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in NCW’s sole discretion. NCW will have no obligation to provide a refund of any amounts previously paid.

9. Responsibility of Website Visitors: NCW has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, NCW does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. NCW disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

10. Content Posted on Other Websites: We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which theBlackBook.io links, and that link to theBlackBook.io. NCW does not have any control over those non-BB websites and webpages, and is not responsible for their contents or their use. By linking to a non-BB website or webpage, NCW does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NCW disclaims any responsibility for any harm resulting from your use of non-BB websites and webpages.

11. Copyright Infringement and DMCA Policy: As NCW asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by theBlackBook.io violates your copyright, you are encouraged to notify NCW in accordance with NCW’s Digital Millennium Copyright Act (”DMCA”) Policy. NCW will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of NCW or others, NCW may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, NCW will have no obligation to provide a refund of any amounts previously paid to NCW.

12. Intellectual Property: This Agreement does not transfer from NCW to you any NCW or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NCW. NCW, BB, theBlackBook.io, the NCW logo, the BB logo, and all other trademarks, service marks, graphics and logos used in connection with theBlackBook.io, or the Website are trademarks or registered trademarks of NCW or NCW’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any NCW or third-party trademarks.

13. Termination: NCW may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your theBlackBook.io account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by NCW if you materially breach this Agreement and fail to cure such breach within thirty (30) days from NCW’s notice to you thereof; provided that, NCW can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Disclaimer of Warranties: The Website is provided “as is”. NCW and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NCW nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

15. Limitation of Liability: In no event will NCW, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to NCW under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. NCW shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. General Representation and Warranty: You represent and warrant that (i) your use of the Website will be in strict accordance with the NCW Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification: You agree to indemnify and hold harmless NCW, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

18. Governing Law: Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Massachusetts, US.

19. Assignment: You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NCW may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

20. Survival: If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

21. Entirety: This Agreement constitutes the entire agreement between NCW and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NCW, or by the posting by NCW of a revised version.