About
Black Pearls Magazine Online
Black Pearls Magazine Brought to you by EDC Creations Media Group
Black Pearls Magazine is a free digital magazine committed to inspire, encourage and empower a international group of readers. Our mission is to provide information that is essential, enlightening and entertaining. The information that we publish helps to empower our BP readers, therefore enriching their lives and benefiting the communities in which they live. We believe in Giving the Gift of Knowledge!
We are here to bring you those literary jewels, Black Pearls, that are sure to bring you and your love ones much pleasure and empowerment. Every issue of this monthly published magazine will celebrate the accomplishments of authors and writers from around the globe, honoring proud traditions and spotlighting ways to enhance the reader's everyday life.
Visit the Bookclub Reading Room for more excellent selections: http://www.blackpearlsmagazine.com
Black Pearls Magazine regularly features stories that spotlight the talented
new authors and soul stirring interviews with bookclubs, and new business owners — as well as
celebrity authors, journalists, film and media executives. Black Pearls Magazine is available online at www.blackpearlsmagazine.com
and can be downloaded as a digital catalog for free. It is also distributed via list-serve to members as a
newsletter, view here now. Subscribe to the Black Pearls Magazine Sunday News here.
For more information on the Black Pearls Magazine advertising rates or to reach the editor, contact us via
email here.
Discover great books, read about the authors, find other book club members, explore our reader’s guides, share our excerpts of new releases and more. Books are a blessing when you can learn and grow from what you read. I hope that you find many books to add great value in your life.
Spread the word about these Black Pearls...Give the Gift of Knowledge.
Ella Curry, Black Pearls publisher and EDC Creations president
Contact email: elladcurry@edc-creations.com
Address: PO BOX 7784, Langley Park, Maryland 20787
EDC Creations Privacy Policy
When accessing our website, Black Pearls
Magazine, The Black Authors Network Radio Show and EDC Creations Media Group's
website, we will learn certain information about you during your visit. How we will handle
information we learn about you depends upon what you do when visiting our site.
If you visit our site to read or download information
on our pages, we collect and store only the following information about you:
1. The name of the domain from which you access the
Internet
2. The date and time you access our site
3. The Internet address of the website you used to link directly to our site
4. Email address
5. Product preferences
If you identify yourself by sending us an e-mail
containing personal information, then the information collected will be solely
used to respond to your message. We do not sell, rent or loan our lists. We do not share
lists. Information is used solely for the private communications between EDC
Creations and the site visitor. However, we can not be held responsible for the
actions of hackers in the event the site is compromised without out knowledge or
permission.
The information collected is for statistical purposes.
EDC Creations Media Group may use software programs to create summary
statistics, which are used for such purposes as assessing the number of visitors
to the different sections of our site, what information is of most and least
interest, determining technical design specifications, and identifying system
performance or problem areas.
For site security purposes and to ensure that this
service remains available to all users, EDC Creations Media Group uses software
programs to monitor network traffic to identify unauthorized attempts to upload
or change information, or otherwise cause damage.
EDC Creations Media Group will not obtain
personally-identifying information about you when you visit our site, unless you
choose to provide such information to us, nor will such information be sold or
otherwise transferred to unaffiliated third parties without the approval of the
user at the time of collection.
EDC Creations Site Terms and Conditions of Use
1. User's Acknowledgment and Acceptance of Terms
EDC Creations Media Group, Black Pearls Magazine or The
Black Authors Network ("Us" or "We") provides the EDC
Creations site and various related services (collectively, the "site")
to you, the user, subject to your compliance with all the terms, conditions, and
notices contained or referenced herein (the "Terms of Use"), as well
as any other written agreement between us and you. In addition, when using
particular services or materials on this site, users shall be subject to any
posted rules applicable to such services or materials that may contain terms and
conditions in addition to those in these Terms of Use. All such guidelines or
rules are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE
EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY
PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS
SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES
EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of Jan. 1, 2003,
revised in Jan. 2011. We expressly reserve the right to change these Terms
of Use from time to time without notice to you. You acknowledge and agree that
it is your responsibility to review this site and these Terms of Use from time
to time and to familiarize yourself with any modifications. Your continued use
of this site after such modifications will constitute acknowledgement of the
modified Terms of Use and agreement to abide and be bound by the modified Terms
of Use.
As used in these Terms of Use, references to our
"Affiliates" include our owners, subsidiaries, affiliated companies,
officers, directors, suppliers, partners, sponsors, and advertisers, and
includes (without limitation) all parties involved in creating, producing,
and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site
including, but not limited to
:|: Full-service Internet PR services and email marketing campaigns
:|: Eye-catching graphic design and marketing materials
:|: Imaginative website and brand development
:|: Effective book publicity campaigns
:|: Exclusive Internet marketing plans
:|: Virtual book and media tours and other like services.
You are responsible for providing, at your own expense,
all equipment necessary to use the services, including a computer, modem, and
Internet access (including payment of all fees associated with such access). All
authors, writers and poets are to obtain permissions from publisher to use any
cover art, excerpts and text, before contacting EDC Creations Media Group for
service.
We reserve the sole right to either modify or
discontinue the site, including any of the sites features, at any time with or
without notice to you. We will not be liable to you or any third party should we
exercise such right. Any new features that augment or enhance the then-current
services on this site shall also be subject to these Terms of Use.
3. Registration Data and Privacy
In order to access some of the services on this site,
you will be required to use an account and password that can be obtained by
completing our online registration form, which requests certain information and
data ("Registration Data"), and maintaining and updating your
Registration Data as required. By registering, you agree that all information
provided in the Registration Data is true and accurate and that you will
maintain and update this information as required in order to keep it current,
complete, and accurate.
You also grant us the right to disclose to all EDC
Creations websites certain Registration Data about you. The information we obtain through
your use of this site, including your Registration Data, is subject to our
Privacy Policy, which is specifically incorporated by reference into these Terms
of Use.
4. Conduct on Site
Your use of the site is subject to all applicable laws
and regulations, and you are solely responsible for the substance of your
communications through the site. By posting information in or otherwise using
any communications service, chat room, message board, newsgroup, software
library, or other interactive service that may be available to you on or through
this site, you agree that you will not upload, share, post, or otherwise
distribute or facilitate distribution of any content -- including text,
communications, software, images, sounds, data, or other information -- that:
a. is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, contains explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or threatening nature
directed at another individual or group of individuals), or otherwise violates
our rules or policies;
b. victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising,
junk or bulk email (also known as "spamming"), chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer
code, files, or programs that are designed or intended to disrupt, damage, or
limit the functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other information of
any third party; or
f. impersonates any person or entity, including any of
our employees or representatives.
We neither endorse nor assume any liability for the
contents of any material uploaded or submitted by third party users of the site.
We generally do not pre-screen, monitor, or edit the content posted by users of
communications services, chat rooms, message boards, newsgroups, software
libraries, or other interactive services that may be available on or through
this site. However, we and our agents have the right at their sole discretion to
remove any content that, in our judgment, does not comply with these Terms of
Use and any other rules of user conduct for our site, or is otherwise harmful,
objectionable, or inaccurate. We are not responsible for any failure or delay in
removing such content. You hereby consent to such removal and waive any claim
against us arising out of such removal of content. See "Use of Your
Materials" below for a description of the procedures to be followed in the
event that any party believes that content posted on this site infringes on any
patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party.
In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized access to another
network or server. Not all areas of the site may be available to you or other
authorized users of the site. You shall not interfere with anyone else's use and
enjoyment of the site or other similar services. Users who violate systems or
network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole
discretion, terminate your membership, account, or other affiliation with our
site without prior notice to you for violating any of the above provisions. In
addition, you acknowledge that we will cooperate fully with investigations of
violations of systems or network security at other sites, including cooperating
with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to EDC Creations or other sites on the Internet
or otherwise include references to information, documents, software, materials
and/or services provided by other parties. These sites may contain information
or material that some people may find inappropriate or offensive. These other
sites and parties are not under our control, and you acknowledge that we are not
responsible for the accuracy, copyright compliance, legality, decency, or any
other aspect of the content of such sites, nor are we responsible for errors or
omissions in any references to other parties or their products and services. The
inclusion of such a link or reference is provided merely as a convenience and
does not imply endorsement of, or association with, the site or party by us, or
any warranty of any kind, either express or implied.
6. Intellectual Property Information
Copyright (c) Jan. 1, 2003 EDC Creations Media Group
All Rights Reserved.
For purposes of these Terms of Use, "content"
is defined as any information, data, communications, software, photos, video,
graphics, music, sounds, and other material and services that can be viewed by
users on our site. This includes message boards, chat, and other original
content.
By accepting these Terms of Use, you acknowledge and
agree that all content presented to you on this site is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws, and is
the sole property of EDC Creations Media Group and/or its Affiliates. You are
only permitted to use the content as expressly authorized by us or the specific
content provider. Except for a single copy made for personal use only, you may
not copy, reproduce, modify, republish, upload, post, transmit, or distribute
any documents or information from this site in any form or by any means without
prior written permission from us or the specific content provider, and you are
solely responsible for obtaining permission before reusing any copyrighted
material that is available on this site. Any unauthorized use of the materials
appearing on this site may violate copyright, trademark and other applicable
laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that
your use of materials displayed on, or obtained through, this site will not
infringe the rights of third parties. See "Users Materials" below for
a description of the procedures to be followed in the event that any party
believes that content posted on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right of any
party.
All custom graphics, icons, logos and service names are
registered trademarks, trademarks or service marks of EDC Creations Media Group
or its Affiliates. All other trademarks or service marks are property of their
respective owners. Nothing in these Terms of Use grants you any right to use any
trademark, service mark, logo, and/or the name of EDC Creations Media Group or
its Affiliates.
7. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or
material that you transmit to this site or to us, whether by electronic mail,
post, or other means, for any reason, will be treated as non-confidential and
non-proprietary. While you retain all rights in such communications or material,
you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual,
and worldwide right to copy, distribute, display, perform, publish, translate,
adapt, modify, and otherwise use such material for any purpose regardless of the
form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary
information to us unless we have mutually agreed in writing otherwise. We are
also unable to accept your unsolicited ideas or proposals, so please do not
submit them to us in any circumstance.
We respect the intellectual property of others, and we
ask you to do the same. If you or any user of this site believes its copyright,
trademark or other property rights have been infringed by a posting on this
site, you or the user should send notification to our Designated Agent (as
identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work
that you believe has been infringed upon or other information sufficient to
specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing
the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit
us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to
permit us to notify the owner/administrator of the allegedly infringing webpage
or other content (email address is preferred).
5. Include the following statement: "I have a good
faith belief that use of the copyrighted materials described above as allegedly
infringing is not authorized by the copyright owner, its agent, or the
law."
6. Include the following statement: "I swear,
under penalty of perjury, that the information in the notification is accurate
and that I am the copyright owner or am authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following
address:
Designated Agent for Claimed Infringement:
Contact: Ella Curry, president of EDC Creations Media Group
Address: PO Box 7784
Langley Park, Maryland 20787
You acknowledge and agree that upon receipt of a notice
of a claim of copyright infringement, we may immediately remove the identified
materials from our site without liability to you or any other party and that the
claims of the complaining party and the party that originally posted the
materials will be referred to the United States Copyright Office for
adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO
WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B)
THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS
WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR
OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR
DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS
LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR
SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES.
Through your use of the site, you may have the
opportunities to engage in commercial transactions with other users and vendors.
You acknowledge that all transactions relating to any merchandise or services
offered by any party, including, but not limited to the purchase terms, payment
terms, warranties, guarantees, maintenance and delivery terms relating to such
transactions, are agreed to solely between the seller or purchaser of such
merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE
THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY
THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR
INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED
SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents
the opinions and judgments of an information provider, site user, or other
person or entity not connected with us. We do not endorse, nor are we
responsible for the accuracy or reliability of, any opinion, advice, or
statement made by anyone other than an authorized EDC Creations Media Group
spokesperson speaking in his/her official capacity. Please refer to the specific
editorial policies posted on various sections of this site for further
information, which policies are incorporated by reference into these Terms of
Use.
You understand and agree that temporary interruptions
of the services available through this site may occur as normal events. You
further understand and agree that we have no control over third party networks
you may access in the course of the use of this site, and therefore, delays and
disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on
this site are provided "AS IS" and that we assume no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY
WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD
PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN
CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT
LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
10. Indemnification
Upon a request by us, you agree to defend, indemnify,
and hold us and our Affiliates harmless from all liabilities, claims, and
expenses, including attorneys fees, that arise from your use or misuse of this
site. We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the
confidentiality of your password and account and for any and all statements made
and acts or omissions that occur through the use of your password and account.
Therefore, you must take steps to ensure that others do not gain access to your
password and account. Our personnel will never ask you for your password. You
may not transfer or share your account with anyone, and we reserve the right to
immediately terminate your account if you do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements
offered by third parties. You may enter into correspondence with or participate
in promotions of the advertisers showing their products on this site. Any such
correspondence or promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are solely
between you and the advertiser. We assume no liability, obligation or
responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat
services (collectively, "Communications") available to users of our
site, either directly or through a third-party provider. We make available
separate supplemental agreements characterizing the relationship between you and
us that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private
Communications except with the consent of the sender or the recipient, or in the
narrowly-defined situations provided under the Electronic Communications Privacy
Act, or as other required by law or by court or governmental order. Further
information is available in our Privacy Policy.
We may employ automated monitoring devices or
techniques to protect our users from mass unsolicited communications (also known
as "spam") and/or other types of electronic communications that we
deem inconsistent with our business purposes. However, such devices or
techniques are not perfect, and we will not be responsible for any legitimate
communication that is blocked, or for any unsolicited communication that is not
blocked.
Mailboxes may have a limited storage capacity. If you
exceed the maximum permitted storage space, we may employ automated devices that
delete or block email messages that exceed the limit. We will not be responsible
for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make
no representation that materials on this site are appropriate or available for
use in locations outside the United States, and accessing them from territories
where their contents are illegal is prohibited. Those who choose to access this
site from other locations do so on their own initiative and are responsible for
compliance with local laws. Any offer for any product, service, and/or
information made in connection with this site is void where prohibited.
15. Termination of Use
You agree that we may, in our sole discretion,
terminate or suspend your access to all or part of the site with or without
notice and for any reason, including, without limitation, breach of these Terms
of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for
terminating your relationship and may be referred to appropriate law enforcement
authorities.
Upon termination or suspension, regardless of the
reasons therefore, your right to use the services available on this site
immediately ceases, and you acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or this site. We shall not
be liable to you or any third party for any claims or damages arising out of any
termination or suspension or any other actions taken by us in connection with
such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by
us from our offices within the Maryland, United States of America. It can be
accessed from all 50 states, as well as from other countries around the world.
As each of these places has laws that may differ from those of Maryland, by
accessing this site both of us agree that the statutes and laws of the State of
Maryland, without regard to the conflicts of laws principles thereof and the
United Nations Convention on the International Sales of Goods, will apply to all
matters relating to the use of this site and the purchase of products and
services available through this site. Each of us agrees and hereby submits to
the exclusive personal jurisdiction and venue any court of competent
jurisdiction within the State of Maryland with respect to such matters.
17. Notices
All notices to a party shall be in writing and shall be
made either via email or conventional mail. Notices to us must be sent to the
attention of Customer Service at edc_dg@yahoo.com, if by email, or at EDC
Creations Media Group, PO Box 7784, Langley Park, Maryland 20787 if by
conventional mail. Notices to you may be sent to the address supplied by you as
part of your Registration Data. In addition, we may broadcast notices or
messages through the site to inform you of changes to the site or other matters
of importance, and such broadcasts shall constitute notice to you at the time of
sending.
18. Entire Agreement
These terms and conditions constitute the entire
agreement and understanding between us concerning the subject matter of this
agreement and supersedes all prior agreements and understandings of the parties
with respect to that subject matter. These Terms of Use may not be altered,
supplemented, or amended by the use of any other document(s). Any attempt to
alter, supplement or amend this document or to enter an order for products or
services which are subject to additional or altered terms and conditions shall
be null and void, unless otherwise agreed to in a written agreement signed by
you and us. To the extent that anything in or associated with this site is in
conflict or inconsistent with these Terms of Use, these Terms of Use shall take
precedence.
19. Miscellaneous
In any action to enforce these Terms of Use, the
prevailing party will be entitled to costs and attorneys fees. Any cause of
action brought by you against us or our Affiliates must be instituted with one
year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under
these Terms of Use to any party, and any purported attempt to do so will be null
and void. We may free assign our rights and obligations under these Terms of
Use.
You agree not to sell, resell, reproduce, duplicate,
copy or use for any commercial purposes any portion of this site, or use of or
access to this site.
In addition to any excuse provided by applicable law,
we shall be excused from liability for non-delivery or delay in delivery of
products and services available through our site arising from any event beyond
our reasonable control, whether or not foreseeable by either party, including
but not limited to, labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, and other
causes or events beyond our reasonable control, whether or not similar to those
which are enumerated above.
If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision
of these Terms of Use or related rights shall not constitute a waiver of that
right or provision.
20. Contact Information
Except as explicitly noted on this site, the services
available through this site are offered by EDC Creations Media Group , located
at PO Box 7784 Langley Park, Maryland 20787. If you notice that any user
is violating these Terms of Use, please contact us at edc_dg@yahoo.com.
Terms and Conditions of Sale
1. Sale and Purchase of Goods
EDC Creations Media Group, Black Pearls Magazine or The
Black Authors Network ("Seller") hereby agrees to sell, and You
("Buyer") hereby agree to purchase, goods of the description and
quantity described on the checkout window ("Checkout") and
incorporated herein by this reference ("Goods") on the terms and
conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as
posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable
in full by Buyer according to the payment due date stated at Checkout. Any
portion of the Purchase Price unpaid past thirty (30) days shall be considered
overdue. All amounts past due are subject to a late charge of the lesser of one
and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum)
or the highest lawful rate. In addition, Seller shall have the right to pursue
any remedies available at law or as provided herein and shall be entitled to
reimbursement from Buyer for Seller's costs of collection, including attorney
fees, legal fees and costs and disbursements.
4. Delivery
Unless otherwise agreed in writing, delivery shall be
made in accordance with Seller's shipping policy in effect on the date of
shipment. Delivery dates provided by Seller are estimates only. Seller will make
reasonable efforts to deliver in accordance with such dates; however, Seller
will not be liable for failure to deliver as estimated. Unless otherwise agreed
in writing by Seller, Goods shall be packaged according to Seller's standards
and practices.
5. Limited Warranty
Seller supplies as its sole warranty the following:
We do not offer refunds on Internet based service
packages. Read the terms of service well before purchasing. All sales are final.
We do not guarantee or offer any warranty on book sales
or services offer in the way of marketing or promoting books or authors. Our
goal is to increase your product visibility and to expand your literary
landscape. The results depend on the product and the amount of participation
from the client.
The warranties provided for herein shall be governed by
Seller's warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of
the Goods or that the Goods will be fit for any particular purpose for which
Buyer may be buying the Goods, except as otherwise provided in this Agreement,
and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE
REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT
BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL,
COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME,
BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER
TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT,
WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF
INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO
ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE
LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR
NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS
OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY
BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT
WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE
ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR
ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS
OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of
performance to make timely delivery of all or any part of the Goods in the event
such failure was due, in whole or in part, to federal, provincial or municipal
action, statute, ordinance or regulation, strike or other labor trouble, fire or
other damage to or destruction of, in whole or in part, the Goods or the
manufacturing facility for the Goods, the lack of or inability to obtain raw
materials, labor, fuel, electrical power, water or supplies, or any other cause,
act of God, contingency or circumstances not subject to the reasonable control
of Seller, which causes delays or hinders the manufacture or delivery of Goods.
Seller shall determine in good faith the extent to which it can reasonably
control a cause, contingency, or circumstance that affects the performance of
its obligations.
8. General
Buyer may not assign this Agreement without Seller's
written consent. Seller is the sole intended beneficiary of this Agreement. If
there is any inconsistency between this Agreement and any other agreement
included with or relating to the Goods, this Agreement shall govern. This
Agreement may not be modified, altered or amended without the written agreement
of Seller. Any additional or altered terms attached to any order submitted by
Buyer shall be null and void, unless expressly agreed to in writing by Seller.
If any term of this Agreement is illegal or unenforceable, the legality and
enforceability of the remaining provisions shall not be affected or impaired.
This Agreement shall be interpreted under the laws of the State of Virginia,
without giving effect to conflicts-of-law rules; and in the event of a dispute
under this Agreement; Buyer submits to the exclusive jurisdiction and venue of
the courts of the Commonwealth of Virginia and hereby waives any objection to
such jurisdiction and venue.
Blog and Message Board Terms of Use
EDC Creations Media Group ("We" or
"Us" or "Our") offers the use of its blogging and message
board services (along with the content posted thereon, the "Services")
subject to the terms and conditions of use (the "Terms") contained
herein. All references herein to "We," "Us," or
"Our" are intended to include EDC Creations Media Group and any other
affiliated companies. By accessing, creating or contributing to any blogs or
messages hosted by us (the "Blog"), and in consideration for the
Services we provide to you, you agree to abide by these Terms. Please read them
carefully before posting to or creating any Blog. We reserve the right to
change, at any time, at our sole discretion, the Terms under which these
Services are offered. You are responsible for regularly reviewing these Terms
for changes. Your continued use of the Services constitutes your acceptance of
all such Terms. If you do not agree with these Terms, please do not use the
Services.
1. Disclaimer of Company Responsibility for Blog
Content
You understand that all content posted to the Blog (the
"Content") is the sole responsibility of the individual who originally
posted the content. You understand, also, that all opinions expressed by users
of this site are expressed strictly in their individual capacities, and not as
Our representatives or any of Our sponsors or partners. The opinions that you or
others post in the Blog do not necessarily reflect Our opinions.
2. Posting
(a) By posting your Content using the Services, you are
granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual,
worldwide, and fully transferable, assignable, and sub-licensable right and
license to use, copy, reproduce, modify, adapt, publish, translate, create
collective or derivative works from, distribute, perform and display your
Content in whole or in part and to incorporate it in other works in any form,
media, or technology now known or later developed. You further warrant that all
so-called moral rights in the content have been waived.
(b) By posting content to the Blog, you warrant and
represent that you either own or otherwise control all of the rights to that
content, including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the content, or that your use of the
content is a protected fair use. You agree that you will not knowingly provide
material and misleading false information. You represent and warrant also that
the content you supply does not violate these Terms. It is your sole
responsibility to ensure that your postings do not disclose confidential and/or
proprietary information, including personal financial information, information
covered by a nondisclosure agreement, and information that you are not
authorized to disclose. We caution you not to disclose personal information
about yourself or your children, such as social security numbers, credit card
numbers, etc.
(c) You agree to indemnify and hold Us and Our
affiliated companies, and their directors, officers and employees, harmless for
any and all claims or demands, including reasonable attorney fees, that arise
from or otherwise relate to your use of the Blog, any content you supply to the
Blog, or your violation of these Terms or the rights of another.
3. Accessing
(a) You agree that We will not be liable, under any
circumstances and in any way, for any errors or omissions, loss or damage of any
kind incurred as a result of use of any content posted on this site. You agree
that you must evaluate and bear all risks associated with the use of any
content, including any reliance on the accuracy, completeness, or usefulness of
such content. You agree not to collect information about others, including
e-mail addresses, or to use information obtained from the Services to send other
users unsolicited e-mail of any kind.
(b) The Blog is provided for informational purposes
only; we shall not be responsible or liable for the accuracy or availability of
any information appearing or available on the Blog.
(c) Blog postings may provide links to other websites
on the Internet. We are not responsible or liable for such content and we make
no express or implied warranty about the accuracy, copyright compliance,
legality, merchantability, or any other aspect of the content of such postings.
We are not responsible or liable for any advertising, products, or other
materials on or available from such websites or resources. The inclusion of
links does not imply endorsement of the Websites by Us or any association with
their operators.
(d) We may enable you to establish an account with a
username and password to access and use the Services. If so, you are responsible
for maintaining the strict confidentiality of your password, and you are
responsible for any activity occurring through use of your account and password.
You agree to immediately notify us of any unauthorized use of your password or
account or any other breach of security and ensure that you exit from your
account at the end of each session. We are not responsible or liable for any
loss or damage arising from your failure to comply with this provision.
4. Children
Collecting personal information from children under the
age of 18 ("minor children") through the Services or the Blog is
prohibited. No Content should be directed toward minor children. Minor children
are not eligible to use the site, and we ask that they do not submit any
personal information to us.
5. Privacy Policy
Please be sure to read our Privacy Policy, which is
available at this website and incorporated herein by reference.
6. Unauthorized Use of Materials
See Website Terms of Use
7. Termination of Access/Removal of Content
We shall have the right in Our sole discretion to
terminate your access to and use of the Services and/or remove any of your
Content should We consider your statements or conduct to be inaccurate, illegal,
obscene, defamatory, threatening, infringing of intellectual property rights,
invasive of privacy, injurious, objectionable, or otherwise in violation of
these Terms or applicable law.
8. Disclaimer of Warranties
See Website Terms of Use
9. Limitation of Liability
See Website Terms of Use
10. Acceptance and Acknowledgement of Terms
Use of this website constitutes acceptance of these
Terms. You acknowledge that you have read and are bound by the Terms, as well as
any other usage agreements of Ours, including the Website Terms of Use that may
govern your conduct. Thank you for participating in the Blog. Please do not
hesitate to contact us at edc_dg@yahoo.com if you have questions.
Who are the Black Pearls Magazine and BAN Radio Fans?
Based on a survey we sent out January 19,
2009 to our email database of 133,000+ subscribers, we found out the following
information about our readers. They were surveyed on the use of BAN Radio and
the online version of Black Pearls Magazine. These numbers are based on
82% participating in the survey. This survey includes Black Pearls Magazine's
38,000 subscribers.
Reading and Shopping Habits of Subscribers
52%--Wanted more diverse races and topics on the BAN Radio show
61%--Shares Black Pearls Magazine with 10 people
64%--Have Twitter accounts
74%--Have Facebook accounts
90%--Have MySpace accounts
86%--Have more than 4 Ning memberships
77%--Prefer YouTube as video provider
74%--Purchase books online
68%--Spent 5 hours or more social networking a day
91%--Read the Black Pearls Magazine digital excerpts
49%--Prefer online media versus printed media
51%--Still buy newspapers, magazines and CDs
67%--Our fans stay online 5-7 hours per day
54%--Check their email at least 5 times per day
70%--Prefer subscriptions to their inbox versus chatting on BTR
61%--Prefer live readings over reading pdf excerpts
49%--Download favorites BAN Radio shows to CD and share
72%--Download BAN Radio shows to personal listening devices
53%--Tell at least 5 people about the BAN Radio shows
49%--Add the BAN Radio widget player to their own sites
27%--Hate auto-responders and email forwards
Age of Subscribers (Our shows are not PG rated)
9%----19-29 years old
29%---30-39 years old
39%---40-49 years old
14%---50-59 years old
9%-----60-79 years old
Gender and Sexual Preference
27%----Male
73%----Female
33%----Alternate Lifestyle
65%----Heterosexual
2%-----Bisexual
Race or Cultural Identity of Subscribers
89%----US readers and fans
11%----International readers and fans
51%----African American
24%----Caucasian
2%------Middle Eastern
1%------Asian
9%------Latin
13%-----Bi-racial
Education of Subscribers
17%-----High School Grad Only
10%-----Some College
53%-----College Grad
20%-----Advanced Degree
Annual Income of Subscribers
(only 72% answered)
4%----20k
9%----40k
51%---60k
20%---80k
10%---100k+
Attitudes, Values and Lifestyles
67%-----Books bought per month 6+
59%-----Purchased books after listening to our BAN Radio show
33%-----Gave books featured on the show as gifts
42%-----Joined book clubs online
71%-----Favorite genre, Fiction
27%-----Favorite genre, Motivational
55%-----Favorite genre, Adult Content
83%-----Shop online weekly
94%-----Employed
53%---- Entrepreneurs
16%-----Homemaker
71%-----Spend $200.00+ monthly for online entertainment
64%-----Married over 5 years
47%-----Single, but without children
63%-----Committed relationship
58%-----Teenage children in the home
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