BWDC Terms of Use
Date Last Updated: August 31, 2022
These Terms of Use (“TOU”) set forth the legal terms and conditions governing your use of the Black Wealth Data Center (BWDC) online platform found at www.blackwealthdata.org (“Site”) and all of the content, products and services it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, products, services, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs, data as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively and together with the Site, the “BWDC Platform”).
To be eligible to register for a BWDC Platform account and use the BWDC Platform Services, you must review and accept this TOU. PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCEPTING THESE TERMS OR USING THE BWDC PLATFORM, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” BUTTON, REGISTER FOR AN ACCOUNT OR USE THE BWDC PLATFORM.
The Bloomberg.org Group (“we” or “us” or “BWDC”) reserves the right to modify the TOU at any time, and such modifications shall be effective immediately upon posting to this Site. The Bloomberg.org Group may include, but is not limited to, Bloomberg Philanthropies Support LLC, 25 East 78th Street LLC, Bloomberg IP Holdings LLC, Manhattan West LLC, Bloomberg Consulting LLC, The Bloomberg Family Foundation Inc., Black Wealth Data Center LLC, and Prosperity Now. Please continue to review the TOU whenever accessing, linking to, or using this Site or the BWDC Platform. Your access to, linking to, or use of the BWDC Platform after the posting of modifications to the TOU will constitute your acceptance of the TOU, as modified. If, at any time, you do not agree to the terms of the TOU, you should stop accessing, using or linking to the BWDC Platform.
1. License and Restrictions
1.1 Users.
In this TOU, “you,” “your” and “Customer” will refer to you as the end user of the BWDC Platform. However, if you are registering for a BWDC Platform account or using the BWDC Platform on behalf of an entity or other organization that is the end user of the BWDC Platform, then you are agreeing to this TOU for that entity or organization and representing to us that you have the authority to bind such entity or organization to this TOU (and, in which case, the terms “you”, “your” and “Customer” will refer to that entity or organization).
You represent, warrant, and covenant that (i) you are at least eighteen (18) years old or have reached the age of majority in your jurisdiction; and (ii) you shall use the BWDC Platform only as set forth in this TOU. If you have not reached the age of majority in your jurisdiction, you may only use the BWDC Platform if your parent or guardian consents to your use of the BWDC Platform, assumes the obligations provided in the TOU (including the Privacy Policy found at www.blackwealthdata.org and assumes full responsibility for your use of the BWDC Platform.
1.2 License
Subject to the terms and conditions of this TOU, (a) BWDC grants you a limited, revocable, non-exclusive, non-sublicensable license to use the BWDC Platform for your own non-commercial business purposes or personal use.
To cite the Black Wealth Data Center, please refer to the CC-BY-NC-ND license and use the below format:
Publisher. Date accessed, Article/Page Title, Website Title, URL
Example:
Black Wealth Data Center. (2022). Explore Data - Assets & Debt. “Average Assets for Invidviduals, by Race/Ethnicity (Statewide, 2018)”. Blackwealthdata.org. https://public.tableau.com/app/profile/harsha.mallajosyula5209/viz/BWDC-AssetsDebt-SIPPMap/SIPPMap
You acquire absolutely no rights or licenses in or to the BWDC Platform or materials contained within the BWDC Platform other than the limited right for you to access and use the BWDC Platform in accordance with the TOU.
1.3 Restrictions
The rights granted herein are subject to the following restrictions:
(a) You may not use the BWDC Platform for any harmful or illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with this TOU.
(b) You may only use the BWDC Platform for your own personal, non-commercial purposes and benefit and, if applicable, for your employer’s own non-commercial purposes and benefit.
(c) You may not use the data made available on the BWDC Platform, alone or in combination with any other data, in any manner that would identify any individual person, household, business or other entity.
(d) Except as explicitly provided herein, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, download, or in any way exploit any part of the BWDC Platform, except as set forth in the TOU or as explicitly specified in the BWDC Platform. You may download material from the BWDC Platform and/or make a reasonable number of copies of the material from the BWDC Platform for your own, personal non-commercial purposes and benefit and, if applicable, for your employer’s own non-commercial purposes and benefit, provided that you retain all copyright and other proprietary notices. The BWDC Platform and the information contained therein may not be used to construct a publicly accessible or commercial database of any kind. Nor may the BWDC Platform be stored (in its entirety or in any part) in databases for access by you or any third party to distribute any database services containing all or part of the BWDC Platform.
(e) You may not access, monitor, or copy any content or information on the BWDC Platform using any robot, spider, scraper, web crawler, or other automated means or any similar manual process. You may not violate the restrictions in any robot exclusion headers on the BWDC Platform, if any, or bypass or circumvent other measures employed to prevent or limit access to the BWDC Platform. You may not violate the security of the BWDC Platform or attempt to gain unauthorized access to the BWDC Platform or computer systems or networks connected to the BWDC Platform through any means.
(f) You may not use the BWDC Platform or the information contained therein in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the BWDC Platform. You may use the sharing functions solely to inform others about content on the BWDC Platform, and you shall immediately cease using these functions with regard to recipients who have requested not to receive such information.
(g) You may not frame this Site or any portion or page of this Site or the BWDC Platform. You may not archive, cache, or mirror any page or portion of a page of this Site. You may not include a link(s) on your website to this Site, or any page or portion of the Site, without our written permission. To request permission to link to this Site, please contact BWDC@blackwealthdata.org. If you receive permission to link to this Site, you may not link to this Site any website containing inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topics, names, or material or information that violates any applicable intellectual property, proprietary, privacy, or publicity rights. If you link to this Site, you may not portray any person or subject in a false or misleading light. In addition, you may not imply that we and/or our Suppliers are endorsing your products or services. Any violation of this provision may, in our discretion, result in termination of your access to and use of this Site effective immediately.
(h) You may not otherwise use the BWDC Platform outside the scope expressly permitted hereunder.
The BWDC Platform is operated within the United States. We do not represent that materials in the BWDC Platform are appropriate or available for use in any particular location. Those who choose to access the BWDC Platform do so on their own initiative and are responsible for compliance with all applicable laws.
Certain portions of the BWDC Platform utilize or access the Census Bureau Data API. The BWDC Platform uses the Census Bureau Data API but is not endorsed or certified by the Census Bureau.
1.4 Account Registration
To use the BWDC Platform or certain portions thereof, you may be asked to create an account. As part of the account creation process, you will be asked to provide your email address and create a password. Until you apply for an account, your access to the BWDC Platform will be limited to what is available to the general public. When registering an account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process. You must also keep that information true, accurate, current and complete after you create your account. Each registration is for a single user only. You agree to treat your account credentials as confidential and not to disclose your account credentials, or any part of it, either directly or indirectly, to any person.
You are fully responsible for all usage and activity of the BWDC Platform by you, including, but not limited to, any use of your account credentials. Only you may access the BWDC Platform through your account credentials and access may not be shared with any other person. We may terminate inactive or delinquent accounts. You understand and agree that, if you cancel your account, we and third parties may retain copies of information provided by you.
You agree (i) to notify us immediately at BWDC@blackwealthdata.org of any known or suspected unauthorized use(s) of the BWDC Platform, or any known or suspected breach of security, including but not limited to loss, theft, or unauthorized disclosure of your account credentials; and (ii) to exit the BWDC Platform properly at the end of each session. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS. If a device on which the BWDC Platform is accessed is sold or transferred to another party, you agree to delete all cookies and software files obtained by or through use of the BWDC Platform that are stored on such device. Notwithstanding anything else herein, we reserve the right to pursue any and all claims against you and any person or entity using your account credentials. We may require you to change your account credentials. We reserve the right to suspend your account or access to the BWDC Platform.
We reserve the right to periodically audit and monitor (physically or electronically) your use of the BWDC Platform to ensure compliance with the TOU and to maintain and improve the provision of the BWDC Platform.
2. Proprietary Rights
2.1 BWDC Intellectual Property
The BWDC Platform is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The BWDC Platform is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the BWDC Platform are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the BWDC Platform.
You acknowledge that the BWDC Platform has been developed, compiled, prepared, revised, selected, and arranged by us and others, including, but not limited to, through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You agree to protect the proprietary rights of us and all others having rights in the BWDC Platform, including but not limited to BWDC, during and after the term of this agreement and to comply with all reasonable written requests made by us or our partners, suppliers, licensors, and owners of content, copyrights, trademarks, or otherwise, including but not limited to BWDC (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the BWDC Platform.
You agree to notify us in writing at BWDC@blackwealthdata.org promptly upon becoming aware of any unauthorized access to or use of the BWDC Platform by any individual or entity or of any claim that the BWDC Platform infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the BWDC Platform (the “Intellectual Property Rights”) shall, as between you and BWDC, at all times be and remain the sole and exclusive property of BWDC or our licensors. All present and future rights in and title to the BWDC Platform (including the right to exploit the BWDC Platform and any portions of the BWDC Platform over any present or future technology) are reserved to BWDC for its exclusive use.
2.2 Online Content
You agree that, while using the BWDC Platform, you are solely responsible for the content or information you publish, display or otherwise communicate in any manner while using the BWDC Platform, or transmit to other users of the BWDC Platform. You will not post on the BWDC Platform, or transmit to other users, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore, you will not take actions to promote the physical harm or harassment of another person; engage in or promote spamming; provide information that you know is illegal, false or misleading, or designed to exploit those under 18; or otherwise provide instructional information about illegal activities including without limitation making or buying illegal weapons, identity theft, violating another’s right to privacy or providing or creating malicious computer programs.
2.3 Site Contributions
You may be given the opportunity to submit, post, upload, or otherwise make available materials, including but not limited to photographs, work and activities conducted as part of the BWDC program and participation on the BWDC Platform, comments, information, text, video, feedback, creative ideas, suggestions, or other materials, for display on parts of the BWDC Platform and elsewhere (collectively, the “Site Contributions”). When using the BWDC Platform, including but not limited to the sharing functions, you shall not send, submit, upload, post, or other otherwise make available any material that (a) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (b) is unlawful, harassing, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (c) contains any commercial, promotional, or solicitation information; (d) contains software viruses, worms, or any other harmful, invasive, or corrupted files, including but not limited to those designed to interrupt, destroy, or limit the functionality of any computer; or (e) contains personally identifiable information of another person.
You hereby grant BWDC and its affiliates, partners, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Site Contribution, in whole or in part, throughout the world in any form, media, or technology now known or hereafter developed, including all promotion, marketing, publicity, and any other uses thereof, without notice or attribution to you or any other entity or person and without obtaining any further permission or license or making any payment whatsoever, and you acknowledge that BWDC has no obligation to use your Site Contribution. You grant BWDC and its affiliates, partners, representatives, and sublicensees the right to use the name, voice, and/or likeness that you submit in connection with such Site Contribution and all intellectual property and other proprietary rights included in the Site Contribution.
You represent and warrant (i) that you own or otherwise control all of the rights to your Site Contributions, and that you have a valid and enforceable license from all creators of such materials, including you, and all persons identified in your Site Contributions, to use and sublicense such materials for the purposes described herein; (ii) that your Site Contributions are truthful and accurate; and (iii) that use of the material you supply does not violate the TOU and will not cause injury to any person or entity. You represent and warrant that you will indemnify BWDC and its partners, Suppliers (as defined below), and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns for all claims resulting from any Site Contribution. You hereby waive all copyright, trademark, right of publicity or privacy, and all other claims or causes of action against BWDC and its partners, suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns. We take no responsibility and assume no liability for any Site Contribution by you or any third party. You agree that any physical copy of your Site Contribution shall be deemed, and shall remain, the property of BWDC You agree that you shall not be entitled for any reason to terminate or rescind this license and release, nor to enjoin, restrain, or otherwise impair the exercise of any rights and privileges granted hereunder.
All Site Contributions shall be subject to our review and approval. BWDC retains the right, which we may or may not exercise in our sole discretion, to review, edit, or delete any material submitted that we, in our sole discretion, deem to be illegal, offensive, abusive, in violation of the TOU, or otherwise inappropriate or unacceptable. BWDC may allow certain authorized users, such as teachers and administrators of the BWDC Platform, to review, edit, or delete such material. Any material you submit to the BWDC Platform or to BWDC or its representatives and partners is not confidential or proprietary, and BWDC and its representatives and partners shall be under no obligation to maintain the confidentiality of any content you submit. If you choose to make Site Contributions, please be aware that the information will be made available to other users of the BWDC Platform.
3. Use of Software
We or third parties acting on our behalf may make Software available for you to download or use in connection with the BWDC Platform. For purposes of the TOU, “Software” shall mean any and all software that is available on or through the BWDC Platform or otherwise provided for use with the BWDC Platform. You shall have a non-transferable, non-sublicensable, non-exclusive license to use the Software solely for your use in connection with the BWDC Platform, consistent with this TOU and written instructions/directions (if any) provided by us or third parties acting on our behalf in conjunction with the Software. Downloading or using the Software is at your own risk. Software from the BWDC Platform is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List. By downloading or using such software, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
4. Indemnification
You agree, at your own expense, to indemnify, defend, and hold harmless us and our partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns against any claim, suit, action, or other proceeding from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the BWDC Platform, or any links on the BWDC Platform, including but not limited to: (i) any breach or violation of the TOU by you or someone using your computer; (ii) material entered into or transmitted through the BWDC Platform with the use of your computer; (iii) your use or someone using your computer’s use of the BWDC Platform; (iv) a claim that any use of the BWDC Platform by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; or (v) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the BWDC Platform by you or someone using your computer. You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.
5. DISCLAIMER OF WARRANTIES/LIMITATIONS OF LIABILITY
YOU AGREE THAT YOUR USE OF THE BWDC PLATFORM IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE BWDC PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE BWDC PLATFORM, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON- INFRINGEMENT, TITLE, ACCURACY OR COMPLETENESS OF DATA, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
We do not warrant that the BWDC Platform is compatible with your equipment or that the BWDC Platform, or e-mail sent by us or our representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that we and our partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by our negligence or that of our partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns or otherwise arising in connection with the BWDC Platform and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages, or any claim against us; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the BWDC Platform caused by your computer equipment or arising from your use of the BWDC Platform on such equipment.
The content of other websites, services, goods, or advertisements that may be linked to or from the BWDC Platform is not maintained or controlled by us. We are therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to or from the BWDC Platform. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the BWDC Platform; (b) verify or guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, services, or goods, that may be linked to or from the BWDC Platform; or (c) make any endorsement, express or implied, of any other websites, services, or goods, that may be linked to or from the BWDC Platform. You agree to access these other websites, services, goods, or advertisements at your own risk. For the avoidance of doubt, this paragraph covers websites linked to or from the BWDC Platform. Any statements, opinions, or other information made available by third parties, including users, are solely those of the respective author(s) or distributor(s).
WE DISCLAIM ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR WEBSITES, SERVICES, GOODS, INFORMATION OR ADVERTISEMENTS THAT MAY BE LINKED TO OR FROM, OR PROVIDED THROUGH, THE BWDC PLATFORM. YOU ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY US AS TO THE FITNESS OF THE WEBSITES, SERVICES, GOODS, OR ADVERTISEMENTS THAT MAY BE LINKED TO OR FROM THE BWDC PLATFORM. We are also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the BWDC Platform. You understand that we and/or Suppliers to the BWDC Platform may choose at any time to inhibit or prohibit their content from being accessed under the TOU, even if you have already begun participating in a particular activity or utilizing a particular feature. Anything to the contrary herein set forth notwithstanding, we and our partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (x) inaccuracies or errors in or omissions from the BWDC Platform; (y) delays, errors, or interruptions in the transmission or delivery of the BWDC Platform; or (z) loss or damage therefrom or occasioned thereby, or by any reason of nonperformance.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR OUR PARTNERS, SUPPLIERS, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF WE OR THEY HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE BWDC PLATFORM OR ANY LINKS OR ITEMS ON THE BWDC PLATFORM OR ANY PROVISION OF THE TOU. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
In the event you have a dispute with one or more users of the BWDC Platform, you release us and our partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns from any claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with such dispute.
6. Term and Termination
You may terminate the TOU, with or without cause and at any time, by discontinuing your use of the BWDC Platform and destroying all materials obtained from the BWDC Platform.
We shall have the right immediately to terminate the TOU in the event of any breach by you of the TOU. We may discontinue the BWDC Platform, or change its availability to you, at any time in our sole discretion. You accept that we have the right to change the content or technical specifications of any aspect of the BWDC Platform at any time in our sole discretion. You further accept that such changes may result in your being unable to access the BWDC Platform.
We shall not be liable to you or any third party for the termination or suspension of the BWDC Platform, or any claims related to the termination or suspension of the BWDC Platform. Upon termination of the TOU by you or us, you must discontinue your use of the BWDC Platform and promptly destroy all materials obtained from the BWDC Platform and any copies thereof.
7. Miscellaneous
7.1 Governing Law
The TOU shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the BWDC Platform or from a dispute as to the interpretation or breach of the TOU and hereby waive any objection to the propriety or convenience of venue in such courts.
7.2 Electronic Communications
When you visit the BWDC Platform and when you communicate with us electronically, you consent to receive communications from us electronically and to electronically sign documents. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. We will retain a copy of any agreement or document you sign electronically, including through the BWDC Platform, and you are responsible for retaining a copy of any agreement or document you sign electronically, including through the BWDC Platform.
7.3 Assignment/Delegation
You may not assign or transfer the TOU or the rights hereunder, including but not limited to the limited right for you to access and use the BWDC Platform in accordance with the TOU. We may assign the TOU to an affiliated entity, partner, or any third party. You acknowledge and agree that we may delegate certain of our responsibilities, obligations, and duties under or in connection with the TOU to an affiliated entity, partner, or any third party, which may discharge those responsibilities, obligations, and duties on our behalf.
7.4 Parties/Third-Party Beneficiaries
You recognize that we and our affiliated entities, partners, and Suppliers and their affiliated entities (together, the “Covered Entities”) each have rights with respect to the BWDC Platform, including the information and other items provided by us and the Covered Entities by reason of your use of the BWDC Platform. The TOU shall be for the benefit of the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees, Suppliers, and representatives of the Covered Entities.
7.5 Use of Trademarks and Other Marks or Rights
You may not use any of our trademarks, trade names, service marks, copyrights, or logos, or our licensors’, the Covered Entities’, or their licensors’ trademarks, trade names, service marks, copyrights, or logos, including but not limited to BWDC, in any manner which creates the impression that such items (i) belong to or are associated with you or indicate the sponsorship or approval of us, our licensors, any Covered Entity, or their licensors; or (ii) except as otherwise provided herein, are used with our, our licensors,’ the Covered Entities,’ or their licensors’ consent, and you acknowledge that you have no ownership rights in or to any such items.
7.6 General
The TOU and any other terms and conditions of service on the BWDC Platform, constitute the entire agreement between you and us and govern your use of the BWDC Platform. The section titles in the TOU are used solely for the convenience of you and us and have no legal or contractual significance. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOU will remain in force.
7.7 DMCA Takedown Notice
If you believe that any content appearing on the BWDC Platform has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
a. Your name, address, telephone number, and email address;
b. A description of the copyrighted work that you claim has been infringed;
c. The exact URL or a description of where the alleged infringing material is located;
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is:
Michael Nguyen
1200 G Street, Suite 400
Washington, DC 20005
finance@prosperitynow.org
COOKIE POLICY
This Cookie Policy describes the cookies and other data collection technologies that the Black Wealth Data Center (the “BWDC”, “we”, “us”, and “our”) utilizes when you (“user” or “you”) visit our website (“Site”). This Cookie Policy provides detailed information about how and when we use cookies and is part of and incorporated into our www.blackwealthdata.org/privacy. BWDC places cookies and other data collection technologies on your device, in accordance with your preferences set on the cookie consent manager. BWDC will treat any Personal Information collected through our use of cookies and other data collection technologies in accordance with the Privacy Policy.
COOKIES AND OTHER DATA COLLECTION TECHNOLOGIES
Cookies are small text files that are sent to or accessed from your web browser or your computer’s hard drive by the websites you visit. A cookie typically contains the name of the internet domain from which the cookie originated, the expiration date of the cookie, and a randomly generated unique number or similar identifier. A cookie also may contain information about your computer, such as user settings, browsing history and Internet activities. If you make multiple visits to our Site, cookies allow our Site to recognize your browser.
Web beacons are tiny graphic image files embedded in a web page or email that allow website operators to monitor user activity and website traffic. We use the information collected by web beacons to statistically monitor how many people are using our Site.
To learn more about cookies, web beacons, and other data collection technologies, visit www.allaboutcookies.org. Please note that the data collection technologies we use may change from time to time.
HOW WE USE COOKIES AND OTHER DATA COLLECTION TECHNOLOGIES
BWDC utilizes cookies to help us keep our Site secure, measure the performance of our Site, understand how visitors interact with the Site, and count the number of visitors to the Site. Cookies help us understand how our Site is being used and improve your user experience. BWDC may also use cookies or other electronic tools to collect and compile statistical and other information about your use of the services provided on this Site. Cookies help us understand how the site is being used and improve your experience. Generally, cookies may be categorized as:
-
First-party cookies: These cookies are sent from a platform or domain managed by the entity who operates the website a user visits to a user device.
-
Third-party cookies: These cookies are sent from a platform or domain operated by an entity who does not operate the website a user visits to a user device.
YOUR CHOICES REGARDING THE USE OF COOKIES AND OTHER DATA COLLECTION TECHNOLOGY
At any time, users may control how we use cookies and other data technologies on our Site through our cookie consent manager. Users may choose to accept or refuse the use of cookies here: https://app-eu.onetrust.com/. We rely on the consent of users in processing personal information related to cookie collection. In your cookie consent banner, you can adjust what cookies you want to accept or refuse. However, please be advised that if you disable certain cookies, some of the features of our Site may not function properly or be available to you, such as those which require identification, and refusing all or certain cookies may result in a more limited experience of some of the services offered on the Site.
Most browsers are set to accept cookies by default, but you can control and manage the use of cookies on your browser or device by deleting them from your browser history when you leave our Site. If you do not wish to receive cookies, you may set your browser to reject cookies or alert you when a cookie is dropped on your computer. If you use a device to access our Site, your device identification may be collected and used for purposes similar to other cookies.
The following types of cookies may be used when you visit the Site:
NECESSARY COOKIES
We may use necessary cookies to ensure our Site runs properly. These cookies are essential for the operation of our Site. We use necessary cookies in to authenticate users, manages user sessions, and enable users to move around the Site. These cookies cannot be disabled and are deleted each time you close your browser.
If applicable, this cookie expires after you close your browser.
PERFORMANCE COOKIES
We use performance cookies to collect information related to count visits and traffic sources in order to measure and improve the performance of our Site. We use performance cookies to help us to know which Site pages are popular and to determine how visitors move around the site. Third party providers may have access to this information. The information collected by performance cookies is aggregated and anonymized.
We use Google Analytics to understand which pages generate the most interest, analyze the number of visitors, and note the links clicked on by Site users. You may opt out of the use of cookies in Google Analytics by clicking here.
This cookie expires after two years.
ADVERTISING COOKIES
We use advertising cookies to track our Site visitors across other websites in order to display ads that are engaging or relevant to our users, or measure the effectiveness of advertising campaigns. Advertising cookies may impact the content you can see on other websites you visit.