Terms and Conditions
The mission of The Black Hole, LLC (the "TBH") and each Black Hole Chapter ("Chapter") is to promote the Oakland Raiders and The Black Hole (the "Organization") throughout the world. Each Chapter is an association of individuals that seeks to promote, assist, and enhance the Organization's activities through the formation of local chapters. These Terms of Membership ("Agreement") sets forth the terms and conditions for membership in The Black Hole, which is required in order to become a member of a Chapter of the Organization. Acceptance of these terms is required to be a member of a Chapter.
This Agreement becomes effective upon the acceptance of your application for Membership and remains effective for as long as your Membership is valid and in good standing. Nothing in this Agreement is to be construed as granting a membership, and only the TBH can confer membership status to any Applicant, following approval under the application process described herein.
Any Oakland Raiders fan may apply to become a member of The Black Hole by furnishing his or her name and address, and all required information as requested by the Organization, as deemed necessary by the TBH..The TBH reserves the right to charge a fee for membership. If your membership application is approved by the TBH, the membership fee, if one is indicated on your application, shall become immediately payable. No membership rights accrue until any applicable membership fee has been paid in full. Once paid, membership fees are non-refundable. Where a minor desires to become a member of The Black Hole, that minor shall have his or her parent or legal guardian purchase his or her membership, and that minor Member's parent or guardian must agree to be bound by these Terms of Membership.
VI. Membership Fees and Payment
TBH will maintain both paid and unpaid memberships, with differing levels of benefits. For paid memberships, the membership fee amounts for the current year shall be established by the TBH and set forth on the Membership Application and on our website (www.theblackholefans.com). All payments must be paid in U.S. Dollars by check, credit card or PayPal, and no paid member shall be recognized as a member in good standing until such payment has been validated and effectuated.
If accepted as a Member, you agree to update the information provided in the membership application process within thirty (30) days of any change in that information, and/or at any time upon request by the Organization, within seven (7) days of such request.
Member Conduct Members shall be responsible for their actions and the actions of those individuals considered by their Chapter to be their guests, and the damages arising from any act due to misconduct by a member or guest shall be solely the responsibility of the Member. Chapters shall not be responsible for individual actions of misconduct, and may take such administrative and/or legal action as is necessary to protect its interests. Any act that brings embarrassment or endangerment to the TBH, the Organization or a Chapter constitutes sufficient cause to have membership terminated, or to have a non-member barred from attending future Chapter functions.
With respect to any activities undertaken by any Member, whether or not pursuant to this Agreement, the Applicant or Member shall not make any claim against the TBH, the Organization or any Chapter, their employees, a related entity of the other (e.g., contractors, subcontractors, investigators, other participating entities), or employees of the other's related entities for injury to or death or for damage of any kind to or loss of its own property or that of its related entities arising out of any act or occurrence, whether or not under this Agreement, whether such injury, death, damage or loss arises through negligence or otherwise.
The TBH maintains an Internet web site, and may restrict access to certain areas of the site to Chapter members in good standing. It is the Member's responsibility to apply (using the online form posted on the Organization's web site) for a password, if desired, so as to be able to access such areas. If such password is assigned, you will be responsible for exercising due care in maintaining the confidentiality of the password and shall be liable for any harm or expense resulting from acquisition of the password by any other party.
The TBH makes no warranties regarding copyright protection available for material placed on the TBH's websites() by you or any other party. You warrant to the TBH that you shall not place any copyright-protected material on the TBH's or Chapter's Internet media—including (but not limited to) the TBH's or any Chapter's web site and e-mail lists without the express written permission of the owner of such copyright and of the TBH, and that in the event of any claim against the TBH alleging that such copyrighted material has been placed on or copied or distributed by or through the TBH, you agree to indemnify the TBH and hold it harmless from any and all such claims, and to bear all costs of defense by the TBH \, including, without limitation, attorneys' fees, as such costs are demanded.
X. Publicity/Use of Trademarks
No Member shall use The Black Hole name in any advertising or other form of publicity or promotion without the express written permission of the TBH. The Member acknowledges that "The Black Hole" (hereinafter "Mark") is a trademark of The Oakland Raiders that is exclusively licensed to the TBH. Neither the Chapter nor its Members are permitted to use the Mark without express written permission of the TBH.
XI. No Implied Waiver or Modification
The failure of the TBH or any Chapter to insist, in any one or more instances, upon the performance of any one or more of the terms of this Agreement shall not be construed as a waiver or relinquishment of that party's right to such performance of such term or terms, and the other party's obligation in respect thereto shall continue in full force and effect.
Member agrees to defend, indemnify and hold the TBH, the Organization and the Chapter harmless from any and all claims, liabilities, and expenses, including reasonable attorney's fees to which the Organization or Chapter may be subject and which arise, directly or indirectly, from Member's acts or omissions, including, without limitation, violation of this Agreement or any applicable laws, including without limitation laws relating to copyright, trademarks, and other intellectual property.
In the event any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force..