Terms and Conditions – LGBTQBizList

TERMS AND CONDITIONS

Updated June 11, 2023

Broughton Media Group LLC, its affiliates and partners, operate Broughton Media Group, Black Gay Weddings, The LGBTQBizLIST, BGW Elevate Magazine, Black Gay Weddings TV, and all affiliated sites (collectively, “our,” “us,” “we,” or “Broughton Media Group”). Access to and use of our sites, our services, and our products is subject to these terms and conditions of use (“Terms of Use”). By using our sites, services, and products, you are a “user,” and you accept and agree to these Terms of Use as a legal contract. Please read these Terms and Conditions carefully. These Terms of Use may be changed from time to time. Any changes will be posted here. Therefore, please refer back to these Terms of Use regularly. Your continued use of our sites means you agree to and accept any changes.

CONTENT

All our contributors are required to agree to our inclusion pledge and high ethical standards and comply with all legal requirements, including Federal Trade Commission (FTC) disclosure requirements. The contributors, not Broughton Media Group, are responsible for their content and compliance with these standards.

Broughton Media Group does not represent or guarantee that any contributor has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials for the subject matter to which their contributions relate. Broughton Media Group is also not obligated to monitor or independently research or verify any content they contribute.

Broughton Media Group reserves the right to modify, suspend or discontinue (temporarily or permanently) our sites, or any part of our sites, with or without notice and at any time.

Users of our sites hereby acknowledge that the information available through our sites is provided solely for informational purposes on an “as is” basis and shall use the information contained therein at their own risk.

Broughton Media Group makes no guarantees as to the accuracy, quality, or completeness of the information, and Broughton Media Group shall not be responsible or liable for any errors, omissions, or inaccuracies in the information or for any user’s reliance on the information. The user is solely responsible for verifying the information as appropriate for the user’s personal use, and we make no representations or warranties regarding the content on our sites.

We are not obligated to review, and you should not expect us to review the content on our sites, including submission or content by contributors.

USERS

Our sites are not intended for users under 18 years of age. If you are under the age of 18, please do not use our sites and do not provide us with any personal information.

We make no claims that our sites or their content are accessible or appropriate outside of the United States. Access to our sites may not be legal by certain persons or in certain countries. If you access our sites from outside the United States, you do so at your own risk and are responsible for compliance with local laws and regulations.

We may terminate or suspend your access to all or part of our sites for any or no reason, including without limitation, any violation of these Terms of Use.

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through our sites. YOU WAIVE AND HOLD HARMLESS BROUGHTON MEDIA GROUP AND ITS AFFILIATES, AGENTS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

INTELLECTUAL PROPERTY

The materials used and displayed on our sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks, and service marks, are the property of Broughton Media Group and are protected by copyright, trademark, and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the prior written permission of Broughton Media Group. Broughton Media Group grants you a personal, non-exclusive, non-transferable, revocable license to use our sites and any materials on our sites for non-commercial purposes subject to these Terms of Use.

The terms Broughton Media Group, www.broughtonmediagroup.com, www.blackgayweddings.com, www.lgbtqbizlist.com, www.bgwpridestore.com, and other Broughton Media Group trademarks and service marks, and all related names, logos, product and service names, designs and slogans, are trademarks of Broughton Media Group or its affiliates or licensors. You may not use such marks without the prior written permission of Broughton Media Group. All other names, logos, product and service names, designs, and slogans on our sites are the trademarks of their respective owners.

LISTING REMOVAL

Listings can be taken down without prior notice if vendors engage in discriminatory actions that lead to verified negative feedback and complaints. In the event that a listing is removed for justified reasons, vendors will not be eligible for any kind of refund, whether full or partial. This policy will be strictly enforced without any exceptions.

REFUNDS & RENEWALS

The LGBTQBizList operates as a directory platform that requires a subscription. Any payment details provided will be automatically charged on an annual basis when your listing is renewed, unless it is cancelled.

Free Trial Periods:
If you are currently in the midst of a free trial period, you can cancel your listing at any time before the trial ends by clicking on the “Dashboard” link located at the bottom menu of each page on the LGBTQBizList website. You will not be billed during this trial period.

Once the free trial period ends, your annual subscription will begin, and your payment method will be automatically billed for the full annual price of the listing plan you selected. After the annual subscription fee has been billed to the card on file, no refunds will be given. This policy will be strictly enforced.

Renewals:
You have the option to cancel your subscription renewal at any point during the subscription year and still enjoy the remaining days of your listing until the end of the year. To cancel your subscription renewal, simply click on the “Dashboard” link located at the bottom menu of every LGBTQBizList web page. However, if you choose to remove your listing immediately, no refunds, pro-rated or otherwise, will be provided.

It’s important to note that you have until midnight the day before your annual renewal is processed to cancel your subscription payment. Failure to cancel before the payment is processed will result in No Refund. Alternatively, you may choose to cancel your next renewal while keeping your listing active for the current renewal period.

Feature Bumps:
If you decide to pay a Six Month or 12 Month Feature Bump Fee to highlight your listing in the directory, please be aware that the fee is non-refundable once the payment has been processed, even if you choose not to renew your listing.

Intermittent and Extended Technical Issues:
LGBTQBizList operates as a self-managed online business directory and is designed for individuals with basic technical computer skills. If you encounter challenges in completing your listing, additional assistance can be provided at an extra fee of $25/hour. Please note that these fees are non-refundable.

There may be instances where internet problems or system outages cause temporary or prolonged interruptions in service. We regret to inform you that we cannot offer refunds for any type of system downtime.

SUBMISSIONS

Any submission you provide to us will be considered non-confidential and non-proprietary. By providing any submissions to us, either directly or through third-party sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

By submitting material to us, you represent and warrant that:

• You own or control all rights in and to the submissions;

• the submission complies with all laws;

• You have obtained the permission of every person featured in your submission and have the authorization to disclose their personal details, including gender pronouns and sexual orientation;

• the submission does not violate the rights of any third party; and

• the submission complies with our content standard and these Terms and Conditions.

You understand and acknowledge that you are responsible for any submissions you submit or contribute, and you, not Broughton Media Group, have full responsibility for such content, including its legality, reliability, and accuracy. We are not responsible or liable to any third party for the content or accuracy of any submissions posted by you or any other user of our sites.

We cannot and do not undertake to review all material before it is posted on our sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Further, we have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

CONTENT

These content standards apply to all submissions and advertising on our sites. Content must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on sex, religion, nationality, disability, sexual orientation, gender identity, gender expression, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity or advocate, promote or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, harass, embarrass, alarm, or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person or organization.

• Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.

DMCA

Broughton Media Group deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on our sites that belong to a third party unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our sites without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyrights, Broughton Media Group LLC,PO Box 370681, Reseda CA 91337 or in an email to counsel@broughtonmediagroup.com Please include the following:

• Your physical or electronic signature.

• Identification of the copyrighted work you believe in having been infringed or if the claim involves multiple works on our sites, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the exact URL (web page) that it appeared on, along with any copies you have of that web page.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).

• A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.

PROHIBITED USES

You may use our sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our sites:

• In any way that violates any applicable federal, state, local, or international law or regulation.

• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Broughton Media Group, a Broughton Media Group employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our sites, or which, as determined by us, may harm Broughton Media Group or users of our sites or expose them to liability.

• To deadname transgender individuals by sharing the name assigned to them at birth.

• To submit weddings or engagements of people for editorial or advertising purposes without their written permission.

• To intentionally or unintentionally out a person as LGBTQIA+ by not obtaining their permission before submitting their name, likeness, story, and photography to Broughton Media Group and its properties.

• To “scrape” or disaggregate data from our sites (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.

• To introduce any viruses, trojan horses, worms, logic bombs, or other material or mechanism which is malicious or technologically harmful.

• To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our sites, the server on which our sites is stored, or any server, computer or database connected to our sites.

• Otherwise, attempt to interfere with the proper working of our sites.

ADVERTISING GUIDELINES

Broughton Media Group maintains a separation between advertising and editorial content.

• All advertising or sponsored content on Broughton Media Group is clearly and unambiguously distinguished from editorial content through borders or other distinguishing elements and/or identified as an “Ad,” “Advertisement,” “Sponsored” or a similar designation indicating that the content is being provided by or on behalf of an advertiser or sponsor.

• All “native” ads or paid content are identified as an “Ad,” “Advertisement,” “Sponsored,” or a similar designation indicating that the content is being provided by or on behalf of an advertiser or sponsor.

• Editorial content on Broughton Media Group is not influenced by advertisements unless the content is sponsored content, in which case, the content will be clearly identified with the title “Ad,” “Advertisement,” or “Sponsored,” or a similar designation, indicating that the content is being provided by or on behalf of an advertiser or sponsor.

Contributors and/or Broughton Media Group may receive compensation for participation in third-party affiliate marketing programs, including purchases made through links to Broughton Media Group’s e-commerce partners. Affiliate marketing links, including product reviews, will be identified with a disclaimer.

Advertisers are responsible for understanding and complying with all applicable laws and regulations, including FTC guidelines regarding advertising, native advertising disclosures, endorsements, privacy, and data security.

Broughton Media Group reserves the right to remove, without notice, any advertisements that violate our Terms and Conditions or our internal policies regardless of whether the advertisement was previously accepted by Broughton Media Group. No refunds will be given for any advertisements that are removed from our sites.

Advertisements may not contain or promote the following:

• Weapons/Violence

• Hate/Intolerance/Discrimination

• Plantation Wedding Venues

• Obscenity/Indecency/Profanity

• Controversial Political/Religious Issues

• Sexual/Adult Content

• Disparagement/Defamation

• Militant/Extremism

• Free Goods/Services

• Material Targeting Children

• Unverifiable Claim

• Before/After Images

• Health/Safety Claims

• Misleading/False/Deceptive

• Competitors to Broughton Media Group

• Audio/Animation

• Popups/Downloads

• Malicious Software

• Phishing

• Landing Pages

Additionally, advertisements must:

• function uniformly on both Apple and PC formats, as well as all major internet browsers;

• not appear to compromise or influence Broughton Media Group’s editorial independence from advertisers;

• not create or imply the existence of any endorsement by Broughton Media Group of any product, service or organization;

• violate any the intellectual property rights of the Broughton Media Group or anything party; and

• not include open-box forms to register users or collect any data.

Advertisements may not collect and sell or license any data or mailing lists regarding Broughton Media Group users without Broughton Media Group’s prior written permission. Advertisers may not collect any personally identifiable information from Broughton Media Group users or place any cookies, applets, or other similar files if those files transmit any personally identifiable information to advertisers. Advertisers must handle data with appropriate care, not misuse any data they are permitted to collect, nor collect any data for unclear purposes or without appropriate security measures.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Broughton Media Group and its officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any submissions, or (b) breach by you or any user of your account or these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in defense of any such claim. At its own expense, Broughton Media Group reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

WARRANTY

OUR SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON OUR SITES. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.

LIABILITY

YOUR USE OF OUR SITES IS AT YOUR OWN RISK. NEITHER BROUGHTON MEDIA GROUP NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR SITES AND THE INFORMATION AVAILABLE ON OUR SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON OUR SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST BROUGHTON MEDIA GROUP AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF OUR SITES AND THE INFORMATION AVAILABLE THEREON.

THIRD PARTIES

We do not review or monitor any websites, advertisements, or other media linked to or available through our sites and are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on our sites, you are advised to verify pricing, product quality, and other information necessary to make an informed purchase. Neither Broughton Media Group nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives, or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on our sites, and we shall not receive or review complaints regarding such purchases.

DISPUTES

These Terms of Use and any disputes arising out of or related to our sites shall be governed by, construed, and enforced according to the laws of the State of Nevada (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Nevada, County of Clark.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR OUR SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

WAIVER AND SEVERABILITY

No waiver by Broughton Media Group of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Broughton Media Group to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use constitute the sole and entire agreement between you and Broughton Media Group with respect to our sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our sites.

CONTACT INFORMATION

Our sites are operated by Broughton Media Group LLC, PO Box 370681, Reseda, CA 91337. If you have a question regarding our sites, please send an email to: info@broughtonmediagroup.com. You may also contact us by telephone at 833-427-6844.

Requests to use and reproduce content published on Broughton Media Group should be directed to: info@broughtonmediagroup.com