TOS/Privacy Policy: Revised as of February 2008
TERMS OF USE
Please read. By utilizing this website, you agree to accept all terms and conditions of this agreement. This site is owned and operated by BlackElPaso.com a division of MOCHA Enterprises. If you choose and/or do not agree to be bound by the terms set forth by MOCHA Enterprises/Black El Paso.com, please discontinue use of the site. MOCHA Enterprises reserves the right to change these terms in its sole discretion.
MOCHA Enterprises has created BlackElPaso.com for informational and entertainment purposes only. The site is for your personal education and enjoyment. Though the site was created for your personal enjoyment, you agree not to abuse the use of the website.
The online content is solely for your personal, non-commercial use, and you may download or print a copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in or on such Content.
Unless otherwise expressly authorized in these Terms or on the Web Site, you may not modify, frame, reproduce, sell, publish, perform, reuse, repost and/or display any portion of the Content. In addition, you may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Web Site, nor insert any code or product or manipulate the Content in any way that affects any user's experience.
Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at blackelpaso@sbcglobal.net
If you know of any person that may be misusing BlackElPaso.com , please contact us as soon as possible at blackelpaso@sbcglobal.net
Black El Paso/MOCHA Enterprises may change or discontinue any part of the site at any time.
If you choose to use our forums, you agree to be bound by the same terms and agreements. You will refrain using any vulgarity, nudity, racially degrading or any other defamatory language or concepts. We reserve the right to discontinue your use of the forum site.
You agree that you will post messages to any part of BlackElPaso.com forums that are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense including racial degradation or any other act/words that may cause civil unrest. Doing so may violate local, state, national or international laws. Violating the copyright, trademark or other intellectual property rights of any other person would constitute that you are not abiding by the terms set forth above. If you submit messages to any of our forums, you represent to BlackElPaso.com/MOCHA Enterprises that you are the rightful owner of such material or that you have obtained permission to submit the material from the rightful owner prior to posting.
You agree not to assume the identity, characteristics or qualifications of another person. You agree not to use the BlackElPaso.com forums for spamming, to distribute harmful or malicious materials including viruses. You agree not to be libelous or invade the privacy or publicity rights of others. You agree not to use our forums for your commercial gain including advertising or to solicit to our members your services and/or products. To do so would be a violation of our terms of service.
Our COMMITMENT TO CHILDREN'S PRIVACY: Though we prefer our users to be at least 18 years of age or older, you must be 13 years or older to subscribe to the mailing list and/or forums
Protecting the privacy of children is of utmost importance to us. No part of our website is directed to any child under the age of 13. We will not knowingly collect or maintain information on our website from any child under the age of 13.
UNSOLICITED SUBMISSIONS
BlackElPaso.com does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Our policy is to delete any such submission without reading it or forwarding it to other BlackElPaso.com staff. Therefore, any similarity between an unsolicited submission and any elements in any BlackElPaso.com creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If you do choose to send unsolicited submissions to us, the submissions become the property of BlackElPaso.com and MOCHA Enterprises. We reserve the right to use, copy, sublicense, adapt, transmit, distribute, publicly perform, publish, display or delete such material at our discretion. You gree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against BlackElPaso.com, its parent company-MOCHA Enterprises or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. Should Black El Paso.com/MOCHA Enterprises find an interest in an article that you have submitted (unsolicited), we will contact you. You may query (via phone/email) to gain information as to whether or not we have changed our policy on unsolicited submissions. You may also visit the website for changes in this TOS agreement pertaining to unsolicited submissions.
LINKED SITES AND ADVERTISING
We are not responsible for third party content or advertisements that are posted to our site. We do not take ANY responsibility for the goods and/or services provided by the advertisers. You agree that you will use linked sites at your own risk.
DISCLAIMER OF LIABILITY AND WARRANTIES
You agree to use this site at your own risk and agree to hold us harmless in case of damage to you or others.
Use of this Site is at your own risk. Under no circumstances, including, but not limited to, negligence, shall BLACKELPASO.COM/MOCHA Enterprises, its employees or agents or its affiliates be liable for any direct, indirect, incidental, special or consequential damages to include viruses, omissions, delays,etc., even if the BLACKELPASO.COM/MOCHA Enterprises has been advised of the possibility of such damages.
We are not responsible for any conduct of any user.
This site may contain advice, opinions, and statements of various content providers. BLACKELPASO.COM/MOCHA Enterprises does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any content provider, or any user of this site or other person or entity. Your reliance upon any such advice, opinion, statement material, or other information on this website your own risk.
As a condition of use of BLACKELPASO.COM/Mocha Enterprises, you as a user agrees to indemnify and hold harmless BLACKELPASO.COM/MOCHA Enterprises and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of your use of our site, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions. If you are not in agreeance with our user policies, please leave the site.
You acknowledge that BLACKELPASO.COM/MOCHA ENTERPRISES is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
Materials on our site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Black El Paso.com/MOCHA Enterprises does not specifically make any warranties or representations as to the accuracy or completeness of any such Materials. BLACKELPASO.COM/MOCHA Enterprises periodically adds, changes, improves, or updates the Materials on this Site without notice.
Under no circumstances shall BLACKELPASO.COM/MOCHA Enterprises be liable for any loss, damage, liability or expense incurred or suffered which is claimed to result from use of this Site, including without limitation, any fault, error, omission, interruption or delay with respect thereto.
Privacy policy
BLACKELPASO.COM and its owner, MOCHA Enterprises are committed to protecting your privacy.
BLACKELPASO.COM/MOCHA ENTERPRISES will make every effort to ensure that information submitted to this site is correct. However, in the event that any information on this site is incorrect or not current, BLACKELPASO.COM/MOCHA ENTERPRISES assumes no liability for damages incurred directly or indirectly as a result of incorrect or incomplete information. If, by chance you find information that is not correct, please let me know.
Though WE collect site information, WE will not collect personal information unless a user voluntarily submits such information. WE will not share any personal information collected with any outside companies or sources. Commitment to confidentiality is of utmost importance to US and WE will abide by that.
User Information
Our Web site will only obtain personal information about you only if you provide it to our company. We will from time to time obtain general information about all of our users as a whole. For example, we collect information on which part of the site most readers visit. This information allows us to cater to the needs of our readers so that their visits are frequent and beneficial. We do share information with our advertisers as to the number of visitors. When submitting information to us for a reply or to receive further information, you give us the right to contact you via email. For example: mailing lists for newsletters, calendar information submissions, etc.
Personal Information
If you enter a contest, some personal information is required to verify the validity of entries.
General Information Disclosure
Unless stated otherwise, we will use our best efforts not to disclose information about your individual visits to monitor you online, or personal information that you provide, such as your name, address, e-mail address, telephone number, or credit card number to any outside parties unless otherwise required by law. But, we may record and share aggregated information with our partners as indicated above. Please be aware that any information submitted on a co-branded page with a third party may result in that third party using your information according to its privacy policy.
INDEMNITY
You agree to indemnify AND hold harmless BlackElPaso.com/MOCHA Enterprises and its affiliates, employees, agents and representatives, and to hold them harmless, from any and all claims and liabilities to include attorneys fees which may arise from your submissions, from your unauthorized use of material obtained through the BlackElPaso.com/MOCHA Enterprises, or from your breach of this Agreement, or from any such acts through your use of the BlackElPaso.com/MOCHA Enterprises website services
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Texas. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
General Information Disclosure
Unless stated otherwise, we will use our best efforts not to disclose information about your individual visits to monitor you online, or personal information that you provide, such as your name, address, e-mail address, telephone number, or credit card number to any outside parties unless otherwise required by law. But, we may record and share aggregated information with our partners as indicated above. Please be aware that any information submitted on a co-branded page with a third party may result in that third party using your information according to its privacy policy.
BlackElPaso.com nor its parent company MOCHA Enterprises or Owner/Founder is responsible for material submitted to us via the chat rooms or message boards. However, by communicating with BlackElPaso.com/MOCHA Enterprises, users grant us permission to use any ideas or information posted by you in any way we choose without users expecting or requiring compensation.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLACKELPASO.COM/MOCHA ENTERTAINMENT/OWNERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLACKELPASO.COM/MOCHA ENTERTAINMENT/OWNERS DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS OR VIRUSES.
Under no circumstances, including, but not limited to, negligence, will BLACKELPASO.COM/MOCHAENTERPRISES/OWNERS be liable for special or consequential damages that result from the use or inability to use the materials in this site. In no event shall BLACKELPASO.COM'S/MOCHA ENTERPRISES/OWNERS liability to a user for any loss, damage or claim exceed the amount paid by the user for accessing this site. Under no circumstances shall BLACKELPASO.COM/MOCHA ENTERPRISES/OWNERS be liable for the injury, damage or expense arising from any materials contained in any site linked to or from this site.
Cookies
We do utilize cookies to help keep track of when a computer uses contacts our site. We will also use this information for editorial purposes for example determining what particular segment is most intriguing to our readers.
Feedback
We do a have a feedback form available on our website. Any feedback that is submitted through these forms or through e-mail is the property of BlackElPaso.com/MOCHA Enterprises. We may use this feedback for marketing purposes, or to contact you for additional feedback.
If there is a change in this policy it will be posted. For questions please contact the office at (915) 757-8662 Monday through Thursday 9am – 3pm
Linked Sites
Once you link to another site from our site, the privacy notice no longer applies and you become subject to the privacy and security policies of that site. Linked sites are not under under OUR control and WE WILL not be responsible for the contents of any linked site or link contained in a linked site. WE are providing the links as a convenience for our web viewers and any link that WE include is not an endorsement by US or our affiliates.
ENTIRE AGREEMENT
This agreement is the complete and entire agreement between users of BLACKELPASO.COM/MOCHA ENTERPRISES and replaces any prior agreement whether oral or written.
If you do not agree with the Terms of Service (TOS) Agreement of BlackElPaso.com, thank you for visiting but please leave the site
