Terms of Use

1. TERMS & CONDITIONS

1.1 The Service is provided to you under the terms and conditions of this Agreement and the Privacy Policy.

1.2 You must be at least 18 years of age to register as a Member of bpwh.com (blackpeoplewithherpes.com) or to use the bpwh.com website. Membership in the Service is void where prohibited.

1.3 If you wish to obtain a copy of this Agreement in non-electronic form, please contact bpwh.com on the Contact page.

2. MEMBER'S REGISTRATION INFORMATION

2.1 As a condition for using the Service, you agree to:

provide true, accurate, current and complete information about yourself as prompted during the registration process, including but not limited to the Contact Information form; and
maintain and update this information to keep it true, accurate, current and complete.

2.2 If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, bpwh.com has the right to terminate your account and refuse any and all current or future use of the Service.

3. PROFILE SHARING AND DISTRIBUTION

bpwh.com is an affiliate website of PS.com (PositiveSingles.com) website. A person at bpwh.com can view or access your profile or private photos stored in the PS.com database.

4. MEMBER INFORMATION & EMAIL

4.1 bpwh.com considers non-public Member account information, including but not limited to information you provide during the registration process and e-mail communications transmitted by you through the Service, to be your private information. bpwh.com will not disclose such information to any third parties without your consent. However, you acknowledge and agree that bpwh.com may disclose your profile information if bpwh.com determines that disclosure is reasonably necessary:

to comply with the law;
to enforce this Agreement;
to respond to claims that such content violates the rights of third-parties; and
to protect the rights or interests of bpwh.com Members.

4.2 You also understand and agree that bpwh.com may access the content of your account and your Private Information to identify and resolve technical problems or service complaints by you or other Members, but without disclosing your Personal Information (as defined in the Privacy Policy) to other Members.

5. MODIFICATIONS TO SERVICE

5.1 bpwh.com reserves the right to discontinue, temporarily or permanently, the Service with or without notice to you. In the event that bpwh.com discontinues providing the Service to you for reasons other than your breach of this Agreement, bpwh.com will refund any unused membership fees.

5.2 You agree that bpwh.com shall not be liable to you or to any third party for any discontinuation of the Service other than as stated in section 5.1 above, and that bpwh.com will not be liable to you or to any third party for any sum more than the membership fee for which you paid. If any third party makes a claim against bpwh.com based upon services provided to you, you agree to hold SM.com harmless and to indemnify bpwh.com for any and all losses, expenses or liability except for losses, expenses or liability which were solely caused by bpwh.com's willful misconduct.

6. MEMBER CONDUCT

6.1 You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other bpwh.com Members and that you and they will comply with the terms and conditions of this Agreement and the Privacy Policy.

6.2 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the bpwh.com Network or Service. You also agree not to interfere with the use and enjoyment of the Service by other Members.

6.3 You agree not to transmit on the Service any obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable offensive, vulgar, racist, harmful, illegal, or otherwise objectionable, offensive, vulgar, racist, harmful, or unfit for use on the bpwh.com website, regardless of whether such material is constitutionally protected.

6.4 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.

6.5 You agree not to transmit "junk mail," "spam," "chain letters," or unsolicited mass distribution of email, or to use the Service for any commercial purpose.

6.6 You agree not to engage in advertising or solicitation of other bpwh.com Members, including but not limited to advertising to buy or sell any products or services, solicitations of any kind, or use of the PS.com website for any commercial purpose. You agree not to send any chain letters, junk email, or product solicitations through the Service. Use of the Service for advertising is strictly forbidden unless expressly approved by bpwh.com.

7. USE OF SITE

7.1 You agree not to interfere or attempt to interfere with the operation of the bpwh.com website, the Service and/or software used to operate the bpwh.com website and the Service (the "Software") in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means prohibited by any provisions of these terms and conditions.

7.2 You and/or any Member may not at any time attempt to use or act upon any software, robot, bot, spider and/or any other means of entering the bpwh.com website and/or the Service. You may not post any type of service or URL for any reason.

7.3 You agree not to include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post any photos containing nudity or otherwise vulgar or offensive material in any areas on the bpwh.com website or the Service, which are accessible to the public or to bpwh.com's Members.

7.4 bpwh.com reserves the right, but has no obligation, to reject or remove any content, profile or photo that does not comply with the letter or spirit of this Agreement.

7.5 Your membership in the Service is solely for your personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your membership or account to any other person or entity. You are responsible for protecting the privacy of your username and password and logging out of the bpwh.com website if your computer is accessible to others to prevent unauthorized access to the bpwh.com website and to your profile.

8. NO RESALE OR TRANSFER OF THE SERVICE

You agree not to sell, convey or transfer any rights, use of, or access to the Service.

9. OTHER DISCLAIMERS

9.1 bpwh.com assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, Members and/or users and/or standard Member communications. This includes personal injury or damage to users, Members, standard Member, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with bpwh.com and each of its services, its parents, subsidiaries, Affiliates, officers and employees.

9.2 bpwh.com cannot guarantee and does not promise any specific results from use of the Service and/or the bpwh.com website.

10. MODIFICATIONS TO SERVICE AGREEMENT OR PRIVACY POLICY

IN ITS SOLE DISCRETION, BPWH.COM RESERVES THE RIGHT TO MODIFY, CHANGE, ADD OR REMOVE ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE PRIVACY POLICY, IN WHOLE OR IN PART, AT ANY TIME. SM.COM WILL PROVIDE YOU WITH WRITTEN NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT AND THE PRIVACY POLICY AND WILL GIVE YOU THE OPPORTUNITY TO ACCEPT OR NOT ACCEPT SUCH CHANGES. IF YOU DO NOT ACCEPT SUCH CHANGES, YOU WILL NOT THEREAFTER BE PERMITTED ACCESS TO THE BPWH.COM WEBSITE AND YOUR MEMBERSHIP WILL BE TERMINATED.

11. AUTOMATIC RENEWAL OF YOUR MEMBERSHIP

IN ORDER TO PROVIDE CONTINUOUS SERVICE, BPWH.COM AUTOMATICALLY RENEWS YOUR 1-MONTH MEMBERSHIP PACKAGE ON THE DATE SUCH SUBSCRIPTION EXPIRES. 3-MONTH AND 6-MONTH MEMBERSHIP PACKAGES ARE NOT AUTOMATICALLY RENEWED.