Terms & Conditions
End User License Agreement
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE Ebony Parent SERVICE, INCLUDING THE Ebony Parent NETWORK OF SITES (THE "SERVICE") PROVIDED TO YOU BY Ebony Parent (REFERRED TO HEREIN AS "EbonyParent.com”). BY USING THE SERVICE, YOU AGREE TO THIS END USER LICENSE AGREEMENT, WHICH INCLUDES THE Ebony Parent PRIVACY POLICY AND OTHER POLICIES AND GUIDELINES OF THE SERVICE, INCLUDING OFFICIAL RULES FOR ANY CONTESTS OR SWEEPSTAKES, OFFICIAL GIFT OFFER RULES AND THE POLICIES AND GUIDELINES OF OUR THIRD PARTY PARTNERS ("SPONSORS") (COLLECTIVELY, THE "AGREEMENT"). ALL SUCH RULES, POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

The Service is only offered to United States residents who are 18 years of age and over. If you do not agree to these terms of this Agreement please do not use the Service. We reserve the right, at our discretion, to change or modify the terms and conditions of this Agreement at any time. Please check these terms periodically for changes and or updates. Your continued use of any part of the Service following the posting of changes to these terms and conditions (including Official Sweepstakes Rules) indicates your acceptance of those changes.

1. License Grant
Subject to the terms and conditions of this Agreement, Ebony Parent grants to you a non-exclusive, non-transferable, revocable, limited license, to use the Service solely for, non-commercial and personal purposes. You understand that we, in our sole discretion, may modify the Service at any time or suspend or terminate any license hereunder.

2. Ownership
You acknowledge that the Service is the property of Ebony Parent or its licensors, and is protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to "Intellectual Property Rights". "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including without limitation, moral or similar rights. All rights not expressly granted hereunder are expressly reserved to Ebony Parent and Ebony Parent's licensors. EbonyParent.com is a service mark of Ebony Parent

3. Content and Infringement
You understand that all third party content, including, without limitation all Sponsor offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through the Service ("Content"), whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. Ebony Parent does not endorse or control such Content. You understand and agree that by using the Service, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Ebony Parent or its licensors be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Service. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using the Service, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.
In addition, all Content made available or accessed through the use of the Service is the property of the applicable Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights. Finally, any suggestions, ideas or innovations that you voluntarily and optionally disclose to us through any means may be used or not used, at Ebony Parent’s sole discretion and Ebony Parent will have no obligation to pay to you for any such suggestions, ideas and inventions.

4. Privacy
You consent to the use and collection of your information in accordance with Ebony Parent’s Privacy Policy. This Privacy Policy is part of this Agreement and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights.

5. Registration Information and Email Newsletter
If you elect to register to use the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the our registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, Ebony Parent may in its sole discretion have grounds to suspect that such is the case, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). In addition, when you register for the Service, you agree to receive an email newsletter that may contain Ebony Parent or Sponsor offers. You may opt-out of receiving this email newsletter at any time by following the opt-out instructions.

6. Third Party Offers
The core of the Service is providing valuable offers to our registered users. Many of these offers will be from Sponsors who wish to inform our user base of their promotional offers. You are not obligated to opt-in to receive any Sponsor offers when you take a survey. However, if you choose to opt-in to receive any Sponsor offer, such Sponsor may contact you through the registration information you provided to Ebony Parent, including without limitation, by telephone or email pursuant to the terms of Ebony Parent’s Privacy Policy. Ebony Parent reserves the right to change Sponsors' offers, including other requirements, at any time. By the user submitting his/her personal and/or financial information on publisher’s site, the user is hereby granting written permission to publisher, its affiliated sites, sponsors, etc. for contact information. The user is also consenting to receive phone calls from publisher, its affiliates, and its partners for contact via telephone, and thereby, the user waives their do-not-call registration with the FTC or any other agency in regards to these contacts or calls.

7. Official Sweepstakes Rules
You agree to be bound by the relevant Official Rules for the sweepstakes you elect to participate in.

8. Indemnification
You are entirely responsible for maintaining the confidentiality of the information you provided to us. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend and hold harmless Ebony Parent, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service, your violation of the terms of this Agreement or your infringement, or infringement by any other user through your account, of any Intellectual Property Right or other right of any person or entity. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.

9. DISCLAIMER OF WARRANTY
YOUR ACCESS AND USE OF THE SERVICE AND ANY CONTENT AT YOUR SOLE RISK.WE PROVIDE THE SERVICE AND THE CONTENT ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH THE SERVICE OR THE CONTENT. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A "PROVIDER") MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OF THE CONTENT OR THE SERVICE OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE SERVICE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SERVICE WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE OR THE CONTENT IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

10. Termination
We may terminate this Agreement or cease offering the Service, at any time and for any reason in our sole discretion.


11. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Ebony Parent ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A "PROTECTED PARTY, COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE SERVICE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF EXACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL PROTECTED PARTIES' MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE LESSER OF FIFTY DOLLARS ($50) OR THE REVENUE EXACT ACTUALLY RECEIVED DIRECTLY ATTRIBUTABLE TO THE SOFTWARE ON YOUR COMPUTER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. To the extent you have in any manner violated or threatened to violate Ebony Parent’s intellectual property rights, Ebony Parent may seek injunctive or other appropriate relief in any court of competent jurisdiction and you irrevocably consent to jurisdiction and venue in such courts. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Ebony Parent’s Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Successor Agreements
The terms of this Agreement may change from time to time. You should check back at EbonyParent.com (the "Home Page") regularly to determine if any material changes have been made. We will prominently post material changes on the Home Page. You agree that your continued use of the Service after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, do not access or use the Service.

14. General
This Agreement, as modified from time to time as described above, and including the Ebony Parent’s Privacy Policy, guidelines and policies incorporated by reference, sets forth the entire understanding and agreement between the parties. Without limiting any other remedy available to us, we may suspend or terminate this Agreement and your access and use of the Service if we have reason to believe that you have failed to comply with your obligations under this Agreement. Upon termination, cancellation, suspension or expiration of this Agreement for any reason and by either party, you agree to cease all use of the Service. No delay or failure to enforce any provision of this Agreement will constitute a waiver of such provision by Ebony Parent or acts as estoppels against later enforcement. This Agreement constitutes the entire agreement between you and Ebony Parent with respect to the specific subject matter addressed herein, and governs your use of the Service, superseding any prior agreements between you and Ebony Parent or its affiliates or related entities relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Ebony Parent or its affiliates or related entities pursuant to a registration to access additional software or services provided by Ebony Parent. You may not assign any of your rights or delegate any of your obligations under this Agreement without the prior written consent of Ebony Parent. Any purported assignment without such consent will be null and void. Ebony Parent shall not be deemed to be in breach of this Agreement due to any delay or failure of performance or interruption in the availability of the Service resulting directly or indirectly from any act of nature or other cause beyond the reasonable control of Ebony Parent. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties 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 remain in full force and effect. All provisions of this Agreement that are intended to survive expiration, cancellation or termination of this Agreement shall so survive. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

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