As an Internet user, you have the right to expect any Web Site to disclose its privacy policies which explain how your personal information is collected, used, and shared. You also have a responsibility to choose which Web Sites you feel comfortable disclosing such information to.
Item A: Why do you need my personal information for Member Registration?
In order to provide community services and benefits to you as a Member, Black Hills Portal maintains a limited amount of your personal information given during Registration and the optional Member Profile Survey. Your identifying information protects your uniqueness as a Black Hills Portal member, preventing others from using the same log-in or Message Boards Screen Name.
We also compile general Member info to create an in-house demographic profile of our Members for the sole purpose of bringing more relevant content and services to the Black Hills Portal community of residents, users and businesses. We always welcome and rely upon your suggestions for improvements and additional services.
Item B: Who has access to my Member Registration & Profile Survey information?
First, we pledge that Black Hills Portal will under no circumstances willingly give access to your Registration or Profile Survey information to any third party for any purpose, either commercial or otherwise. Even in-house use of your information is restricted and password-protected: only a limited number of our Professional Staff can view your personal demographic information.
The information you entrust to us is protected on a secure web server; we have made and continue to make substantial efforts to achieve a well protected environment. However, Black Hills Portal - nor any Web Site operator - can completely guarantee that your information will be immune from unauthorized access.
Item C: What about Cookies?
Black Hills Portal Registered Members are required to have Cookies enabled on their computers. During a web session on Black Hills Portal, we rely on this technology to allow you to access your Registered Member profile and My Portal Member Info page as many times as you wish while using the other pages of our site. Once initially logged-in, you will not be prompted for your log-in name and password again unless you log out. This mechanism is employed solely for your convenience and for no other purpose.
Item D: Is any of my information public?
Please be aware that, while your Registration and Profile information is always confidential, all of your listing submissions and postings to the public pages of Black Hills Portal are available for all users to view. Therefore, listing submissions and postings are not private information. We urge you to always use caution and discretion when posting any personally identifying information about yourself or your household.
Some of our listing submission forms require contact information such as name and phone number; however, these pages declare whether or not your personal information will appear on the listing. In many cases, you can select which pieces of information you want others to see on the live Web Site.
Item E: What will Black Hills Portal do with my public information?
Posting communications on or through the Web Site automatically grants Black Hills Portal a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Black Hills Portal specifically disclaims any liability with regard to any actions resulting from your submissions and postings to the public portion of the Web Site. Generally, any communication which you post to the Website is considered to be non-confidential.
Item F: Black Hills Portal Liability Disclaimer:
Black Hills Portal specifically disclaims any liability with regard to any actions resulting from your submissions and postings to the public portion of the Web Site. Generally, any communication which you post to the Web Site is considered to be non-confidential and must comply with the Terms of Service.
Thanks for participating in the Black Hills Portal Community (the "Web Site"). This following information states the terms and conditions (the "Terms" or the "Agreement") under which you may use the Web Site. Please read this page carefully. By accessing the Web Site you accept and agree to be bound by these Terms. If you do not accept any of the Terms stated here, do not use the Web Site. Black Hills Portal may, in its sole discretion, modify or revise these Terms at any time by updating this page. Users and Registered Members are bound by any such modifications.
Item A. Web Site Materials
The contents of this Web Site, including but not limited to: text, graphics, illustrations, logos, software, trademarks, service marks and other material ("Material") are protected by copyright and other laws.
Black Hills Portal authorizes you to view the Material on the Web Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of Black Hills Portal. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
Item B. Web Site Warranties
The Black Hills Portal Web Site and Materials contained therein are provided on an "AS IS" basis without any warranties of any kind, either express or implied. Woodlands Online, to the extent permitted by law, disclaims all warranties, included but not limited to: warranties of title, fitness for a particular purpose, and non-infringement of third party rights. Black Hills Portal make no warranties about the accuracy, completeness, reliability, or timeliness of the material and links presented on the Web Site.
Neither does the company warrant that the Web Site will operate without error or that the Web Site and its server are free of computer viruses or other harmful code. Black Hills Portal is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Web Site. Black Hills Portal contains materials provided by third parties, and will likewise not be held responsible for any such third party material.
Item C. Disclaimer of Damages & Limitation of Liability
In no event will Black Hills Portal be liable to any user or other third party for any damages resulting from the use or inability to use the Web Site or the materials contained therein. This disclaimer and limitation includes direct, indirect, incidental, special, consequential, or exemplary damages or lost profits, and applies whether based on warranty, contract, tort, or any other legal theory, regardless of whether Black Hills Portal is advised of the possibility of such damages.
Item D. Public & User Submissions - General
Black Hills Portal includes postings, listings, graphics, stories, and articles from third parties. Such content is the responsibility of the third party creator of the content. Black Hills Portal has no responsibility for such content and is merely providing access to such content as a service to you. While Black Hills Portal will endeavor to remove any offensive or harmful content from the Web Site as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful, or deceptive information.
Item E. User Responsibilities & Privileges
You agree that you are responsible for your own submissions and postings and for any consequences thereof. You agree to use Black Hills Portal only to post materials that are legal, proper and related to the purposes of this geographic community. By way of example, and not as a limitation, you agree that when using this Web Site, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter "Post") any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another's computer software, hardware or telecommunications equipment;
Post spam, chain letters, promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Web Site intended for such uses;
Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted
Restrict or inhibit any other user from using and enjoying the use of the Web Site
Collect or store personal data about other users;
Hack into any part of the Web Site;
Encourage, glorify or commit a criminal offense.
To provide truthful, correct, current, verifiable and complete Registration information;
To update Member information as necessary by logging-in to the My Portal Member Info page;
To maintain an active email account to receive communications from Black Hills Portal regarding Web Site updates, announcements and Membership-related messages; please note Membership requires these email notices; you may not opt out of receiving them. If Web Site emails are unable to be delivered to your email account, Black Hills Portal will remove your Membership;
To keep your Member password and Message Board password (if different from Member password) confidential; you must notify Black Hills Portal of any unauthorized use of your Member Account information;
To log out at the end of each web session, including Message Board use; Black Hills Portal is not liable for any loss or damage arising from your failure to comply with this requirement.
You agree that Black Hills Portal may given certain circumstances and without prior notification terminate all Membership privileges. Cause for termination shall include, but not be limited to:
Member initiated request;
extended periods of account inactivity;
more than three returned emails;
unforeseeable technical difficulties or issues;
law enforcement requests.
Item F. Our Obligation to Monitor Content
Black Hills Portal does not control the information posted by Web Site users or Registered Members, and has no obligation to monitor postings. However, Black Hills Portal reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Black Hills Portals sole discretion.
Black Hills Portal does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information posted by third parties, or endorse any opinions expressed by them. You acknowledge that any reliance on material so posted will be at your own risk.
Item G. Copyright Infringement
Posting communications on or through the web site automatically grants Black Hills Portal a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Black Hills Portal may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Web Site that infringes on the rights of others. If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide Black Hills Portal with a written notice - by postal mail or e-mail - that includes the following information:
The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
A description of or actual page link to where the material in question is located on the Web Site.
Your mailing address, telephone number, and email address.
A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For purposes of such notice, Black Hills Portals address for notice is as follows:
Black Hills Portal
PO BOX 9
Deadwood, SD 57732
Item H. Links to Other Web Sites
Black Hills Portal contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by Black Hills Portal of the contents on such third-party Web sites. Black Hills Portal is not responsible nor liable for the availability and content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party Web Sites, you do so at your own risk.
Item I. Indemnity
You agree to defend, indemnify, and hold harmless Black Hills Portal, Deadwood Media.com , its officers, directors, employees, agents and Message Board Moderators from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. Black Hills Portal will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
Item J. General Disclaimer
Black Hills Portal makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
Black Hills Portal is headquartered in Lawrence County, South Dakota. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of South Dakota. By using this Web Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web Site is the appropriate United States District Court, or if such court lacks subject matter jurisdiction, the Supreme Court of the State of South Dakota.
You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
Please accept or decline the Registration Agreement