Saturday, September 04, 2010
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Terms & Conditions and Privacy Policy

Terms & Conditions

As used throughout this Agreement, “we”, “us”, “our”, “DoItBlackberry” means DoItBlackberry.com, or any of our affiliated companies.  As used in this Agreement “You”, “Your”, “Participant” or means  any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.  As used throughout this Agreement “Your Site” means any site that You will link to the DoItBlackberry site. This Agreement is made by and agreed to between DoItBlackberry.com, and You.   DoItBlackberry is  a social networking site that allows You to create unique personal profiles on our site in order to find and communicate with friends. Our service also provides You with forums, blogs, groups, photos, videos and any other features, content, or applications. The term of the Agreement will commence on the date You enroll and will end when terminated by either Us or You in accordance with the terms of the Agreement (the "Term").  You agree to be bound by this Agreement even if You are a “Visitor” (which means that You simply browse Our site.)
1. Enrollment you should choose carefully the information You post on DoItBlackberry and the information You provide to other users. Your DoItBlackberry profile shall not include but not limited to the following:  street addresses, social security numbers, credit card numbers, bank account numbers, and any photographs containing nudity. Your profile shall not promote sexually explicit materials, contain violence, harassing, misleading content, any type of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal actives, bigot anyone or anything, promote illegal goods or drugs and drug paraphernalia, use excessive profanity, promote gambling or betting related content. You shall not violate any intellectual property rights or infringe on the legal rights of others. Despite this prohibition, information provided by other DoItBlackberry Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and DoItBlackberry assumes no responsibility or liability for this material.  If You become aware of misuse of the DoItBlackberry Services by any person click on the “Report Inappropriate Content” link.
(b)DoItBlackberry reserves the rights, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by You, or to restrict, suspend, or terminate Your access to all or any part of the DoItBlackberry Services at any time, for any or no reason, with or without prior notice, and without liability.  DoItBlackberry expressly reserves the right to remove Your profile and/or restrict, suspend, or terminate Your access to any part of DoItBlackberry Services and/or Program if DoItBlackberry determines, in its sole discretion, that You pose a threat to DoItBlackberry and/or its User and/or for any breach of this Agreement.
(c)DoItBlackberry does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that You post to the DoItBlackberry Services and/or Program.  After posting Your Content to the DoItBlackberry Services and/or Program, You continue to retain all ownership rights in such Content, and You continue to have the right to use Your Content.  You represent and warrant that: (i) You own the Content posted by You on or through the DoItBlackberry Services and/or Program or otherwise have the right to grant the license set forth in this section, and (ii) The posting of Your Content on or through the DoItBlackberry Services and/or Program does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by You to or through the DoItBlackberry Services and/or Program.
(d)DoItBlackberry may delete any Content that in Our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.  DoItBlackberry assumes no responsibility for monitoring the DoItBlackberry Services for inappropriate Content or Conduct.  If at any time DoItBlackberry chooses, in its sole discretion, to monitor the DoItBlackberry Services and/or Program, DoItBlackberry nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
(e)You are solely responsible for the Content that You post on or through any of the DoItBlackberry Services and/or Program, and any material or information that You transmit to other Members and for Your interactions with other Users.  DoItBlackberry does not endorse and has no control over the Content.  Content is not necessarily reviewed by DoItBlackberry prior to posting and does not necessarily reflect the opinions, view or polices of DoItBlackberry.  DoItBlackberry MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONTENT OR TO THE ACCURACY AND RELIABILITY OF THE CONTENT OR ANY MATERIAL OR INFORMATION THAT YOU TRANSMIT TO OTHER MEMBERS.

2. (a) You are entirely responsible for maintaining the confidentiality of Your password.  You agree not to use the account, username, or password of another member at any time.  You also agree not to disclose Your password to any third party.  You agree to notify us immediately if You suspect any unauthorized use of Your account or access to Your password.  You are solely and entirely responsible for any and all use of Your account.
(b) You agree that CHILDREN under the age of 13 may not be the target audience of any review that You do and DoItBlackberry strives to protect their privacy.  DoItBlackberry reserves the right to remove any Review that is targeted toward children.
(c)You represent and warrant that all links and promotional means used by You will not contain but limited to the following: promote sexually explicit materials, promote violence, misleading content, mislead others, defamatory, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,  promote illegal activities, bigot anyone or anything, promoting illegal goods or drugs and drug paraphernalia, use excessive profanity, promote gambling or casino or betting related content, deceptive or manipulative content to improve Your review of a product, promotion of beer or hard alcohol, promotion of prescription drugs and or tobacco,  and or otherwise violate any intellectual property rights or infringe on the legal rights of others. You agree that any promotion or product review that You do on this site may be approved by us and we may deem Your promotion activities in appropriate and You agree a material breach of this Agreement in our sole discretion may occur.  DoItBlackberry along with our members and users may flag Your reviews or content that You post on DoItBlackberry as possible fraudulent, abusive or otherwise illegal content.  If after our own review if we find any fraudulent, abusive, or any other abusive or illegal content to be valid at our own discretion it will grounds for immediate termination of this Agreement and or deactivation of Your Account.
(d)Email Promotional Methods. You agree and warrant that You will not ever engage in and or facilitate spamming, illegal and indiscriminating advertising or unsolicited commercial email.  You agree and warrant that You will comply completely with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation).  You represent and warrant that You will comply with any and all other laws and regulations that govern email marketing and or communications.
(e)Rules related to Invitation Services.  As an added feature DoItBlackberry provides You with a service that allows You to send invitations to anyone with an email address to invite them to join DoItBlackberry as their friend or as a link to a review and or a webpage on Our site.  You agree that this feature is used under the exclusive responsibility of You and You are liable for all consequences that may arise from it.  You must insure that the recipients email address is correct.  You must also ensure that the email address were legally obtained.  You agree that the recipient or recipients have agreed for such messages to be sent to them.  The message must not contain any (viruses, spyware, junk mail, chain letters, other harmful software and will not contain the following: promote sexually explicit materials, promote violence, misleading content, mislead others, defamatory, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,  promote illegal activities, bigot anyone or anything, promoting illegal goods or drugs and drug paraphernalia, use excessive profanity, promote gambling or casino or betting related content, deceptive or manipulative content to improve Your review of a product, promotion of beer or hard alcohol, promotion of prescription drugs and or tobacco,  and or otherwise violate any intellectual property rights or infringes on the legal rights of others.)  DoItBlackberry has implement procedures to limit that amount of email You can send at any one time and over a certain period of time but without checking Your content if there is a large mailing it is entirely possible that Your mail may be delayed or canceled.  We reserve the right to delete mass mailings and terminate Your account for abusing Our email system in order to preserve Our website.
3. Termination. DoItBlackberry may terminate Your Account if You breach any section in this Agreement and include the following, but not limited to: (i) DoItBlackberry determines You are diluting, tarnishing or blurring DoItBlackberry proprietary rights or any of our Affiliate Merchants;
4. Modification. DoItBlackberry may modify any of terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the DoItBlackberry site.  If any modification is unacceptable to You, Your one (1) and only recourse is to terminate this Agreement.  Your continued participation in the Program following our posting of a change notice or new Agreement on the DoItBlackberry site will constitute binding acceptance of the change.
5. Compliance with Laws. As a condition to Your participation in the Program, You agree that while You are a Program participant You will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any government authority that has jurisdiction over You, whether those laws are now in effect or later come into effect during the time You are a Program participant.  Without limiting the foregoing obligation, You agree that as a condition of Your participation in the Program You will comply with all applicable laws including (federal, state or otherwise) that govern marketing email, including  the CAN-SPAM Act of 2003 and all other anti-spam laws.
6. Publicity. You agree that DoItBlackberry may use Your name in presentations, marketing materials, customer lists, financial reports, search results pages, and referral pages.
7. Your Obligation to Indemnify. You agree to indemnify and hold harmless, defend and hold DoItBlackberry.com, its agents, its Affiliated Merchants,  its Parent and Affiliates, subsidiaries, directors, officers, employees, agents, attorneys, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, demands, liabilities, penalties, interest, losses, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Site(s), and/or Your breach of any term of this Agreement and or Services.
8. Disclaimer of Warranties. We make no express or implied warranties or representations with respect to the Program and to the fullest extent permissible pursuant to applicable law, DoItBlackberry disclaims all warranties implied, including, but not limited to, (a)That there are no viruses or other harmful components; (b)Regarding correctness, accuracy, or reliability; (c)That DoItBlackberry security methods will be sufficient(d)DoItBlackberry will make reasonable commercial efforts to keep its Web site operation during normal business hours.  However You agree that it is normal to have certain amount of system downtime and agree not to hold DoItBlackberry or our Affiliated Merchants liable for any of the consequences of such interruptions.  DoItBlackberry.com may modify our Services, or discontinue providing our services and this Program or any portion thereof at any time.
9. Arbitration. This Agreement is governed by the laws of the State of Utah (USA), except for its conflict of law provisions. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. Any dispute relating in any way to this Agreement and Program(including any actual or alleged breach hereof),any transactions or activities under this Agreement or Your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent You have in any manner violated or threatened to violate Our intellectual property  rights, We may seek injunctive or other appropriate relief in any State or Federal Court in the State of Utah (and You consent to non-exclusive jurisdiction and venue in such courts) or any other Court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules of then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any Court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect.
10. Electronic Signatures Effective.  This agreement is an electronic contract that set out the legally binding terms of use of the DoItBlackberry Program and Services.  You agree and indicate Your acceptance of the Agreement and all of the terms and conditions contained or referenced in this Agreement by clicking on the “I Accept” button in connection with Your enrollment.  This action creates an electronic signature that has the same legal force and effect as a handwritten signature.  By clicking on the “I Accept” button, You accept the Agreement and agree to the terms, conditions and notices contained or referenced herin. When You click on the “I Accept” button during enrollment, You also consent to have the Agreement provided to You in electronic form.


IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.


PRIVACY POLICY



DoItBlackberry.com,  takes Your privacy very serious.  Please read the following to learn more about our privacy policy.

DoItBlackberry collects personal information such as but not limited to, First & Last Name, email address, age, gender, personal interests, education, and occupation when You register with DoItBlackberry and when You use our Program and/or Services.  DoItBlackberry collects information when You visit DoItBlackberry pages or the pages of certain DoItBlackberry partners and or Merchant Affiliates.  DoItBlackberry also collects personal information when You enter DoItBlackberry promotions or sweepstakes. A DoItBlackberry Partner or Affiliated Merchant my sponsor a promotion, contest, and/or sweepstake and You may be asked but not limited to provide:  personal information including name, email address or home address or to answer questions in order to participate.  We may transfer personal information to certain partners and Affiliate Merchants.  When You register with DoItBlackberry and sign into our services, You are not anonymous to us.

DoItBlackberry Sites, Services and/or Program are intended for general audiences and do not knowingly collect any personal information from children.  When DoItBlackberry does collect age information, and users identify themselves as under 18 we will terminate  such user from being a member of DoItBlackberry and from providing us any additional personal information.

DoItBlackberry also logs non personal identifiable information including IP address, profile information, aggregate user data, pages You request, DoItBlackberry cookie information, and browser types, from users and visitors to the DoItBlackberry site.  DoItBlackberry uses this data to manage the website, to customize the advertising and content You see, improve the website Services and/or Program, fulfill Your request for products and services, contact You, and conduct research.  This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members.  User IP addresses are recorded for security and monitoring purposes.

DoItBlackberry web pages may contain electronic images know as Web beacons that may be used to assist in delivering cookies on our sites and allow us to count users who have visited those pages.  We may include Web beacons in promotional email messages or our newsletters in order to determine whether message have been opened and acted upon. DoItBlackberry also employs Web beacons from third parties and Affiliate Merchants to help us compile aggregated statistics and determine the effectiveness of our promotional campaigns.  DoItBlackberry works with Affiliate Merchants and third parties that advertise on DoItBlackberry and place Web beacons on our site in order to allow us to develop statistics on how often clicking on an advertisement on DoItBlackberry results in a purchase or other action on the Affiliate Merchant site.

User Profile information including optional member pictures and first names are displayed to people in order to help user interaction in the DoItBlackberry networking community.  Email addresses are used for the purpose of inviting new friends to join DoItBlackberry, to add users to member connection networks, and to send notification related to the Program and/or Services. To facilitate searching and finding friends and acquaintances on the Program and/or Services, DoItBlackberry allows users to search for others members with the information You provided.

DoItBlackberry members can invite friends and associates to join Our Program and/or Services by sending invitation emails via our automated invitation system.  DoItBlackberry store the email addresses that members provide so that the respondents may be added to the friend’s list and for tracking Pay.  It may also be used to send reminders of the invitations.  DoItBlackberry does not sell these email addresses.  Recipients of invitations from DoItBlackberry my contact DoItBlackberry to request the removal of their information from our database.

DoItBlackberry may share Your personal information, when We have Your permission, or under the following circumstances but not limited to:  (i) we respond to subpoenas, court orders, legal process, or to establish or exercise our legal rights or defend against legal claims. (ii)We believe at our sole discretion it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situation involving threats to the physical safety of any person, violations of DoItBlackberry Terms of Use, Affiliate Merchants that request if You have done a review on one of their products, or as otherwise required by law. (iii) We transfer information about You if DoItBlackberry is acquired by or merged with another company or companies. (iv) We provide the information to affiliated companies or Affiliate Merchants who work on behalf of or with DoItBlackberry under confidentiality agreements.  These companies may use Your personal information to help DoItBlackberry communicate with You about offers from DoItBlackberry and are Affiliate Merchants and are marketing partners.

DoItBlackberry may set and use cookies on Your computer to store visitors’ preferences and to record session information, for purposes but not limited to ensuring that visitors are not repeatedly offered the same advertisements and to customize advertising,  and Web page content based on browser type and user profile information.  You may be able to configure Your browser to accept or reject all or some cookies, or notify You when a cookie is set.  You must enable cookies from DoItBlackberry in order to use most functions on the site.  DoItBlackberry lets other companies and Affiliate Merchants show advertisement on Our pages that may set and access their cookies on Your computer.  These other companies and or Affiliate Merchants use of their cookies is subject to their own privacy policies, not DoItBlackberry’s Privacy Policy.

Please be aware that whenever You voluntarily post public information to Blogs, Reviews, Journals, Weblogs, Message Boards, and Groups. Classifieds, Photo Galleries and or any other Public Forums that the information can be accessed by the pubic and can in turn be used by those people to send You unsoliciated communications.

If You no longer wish to receive updates or notification You make choose not to by selecting “Do Not send me notification Emails in the Future” in the user profile account settings tab.  If You wish not to receive DoItBlackberry newsletters You may choose not to by selecting “Don’t Send Newsletter.”

DoItBlackberry member accounts are secured by member created passwords DoItBlackberry takes precautions to insure that member account information is kept private.  We use reasonable measures to protect member information that is stored within our database. DoItBlackberry restricts access to member information to those employees who need access to perform their job functions. Please note that we cannot guarantee the security of member account information.  Unauthorized entry or use, hardware or software failure, and other factors may comprise the security of member information at any time.

DoItBlackberry my change this Privacy Policy at any time.  When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If DoItBlackberry make changes, we will post them on our site to make You aware of what the changes are. You are bound by any changes to the policy when You use the site after those changes have been posted. We will notify You about significant changes in the way we treat personal information by sending a notice to the primary email address specified in Your DoItBlackberry account or by placing a prominent notice on our site.

 

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