The brandblack.com website (the “Site”) is a service of Brandblack, LLC (“Brandblack”). These Terms and Conditions of Service, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, “Conditions”), set forth the terms and conditions under which you may use and access the Site.
BY ACCESSING THE SITE, YOU AGREE TO THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE.
You represent and warrant that you are 13 years of age or older, or are visiting the Site under the supervision of a parent or guardian.
The entire content included in the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Brandblack. The collective work includes works that are licensed to Brandblack, LLC. Copyright 2014, BRANDBLACK. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order with the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with the Site or to purchase Brandblack products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of brandblack.com is strictly prohibited, unless authorized in writing by Brandblack, LLC. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the Site.
All trademarks, service marks and trade names of BrandBlack used in the Site (including but not limited to the Brandblack name and logo) are registered trademarks or otherwise protected by common law. They may not be used without BrandBlack’s prior written permission. Brandblack is the owner or authorized user of all other intellectual property on the Site, including but not limited to patents, issued or pending, and such intellectual property may not be used without Brandblack’s prior written permission.
All purchases placed through the Site are subject to Brandblack’s acceptance, which is in its sole discretion. Without limitation, this means that Brandblack may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Without limiting the foregoing, Brandblack reserves the right to refuse to accept or cancel any orders which are to be shipped to any freight forwarding or similar service, whether or not the order has been confirmed. If your credit card has already been charged for a purchase that is subsequently cancelled, Brandblack shall issue a credit to your credit card account.
Brandblack makes every attempt to properly price all items, but errors occasionally occur. These pricing errors may result in a lower or higher stated price on the Site. Brandblack reserves the right to cancel orders which include a pricing or discount error.
The Site and the materials on the Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Brandblack disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BrandBlack does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Brandblack does not make any warrantees or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Use of Information Submitted
You agree that Brandblack is free to use any comments, information or ideas contained in any communication you may send to the Site or submit to the Site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services and creating, modifying or improving the Site or other products or services.
Participation Disclaimer / Use Restrictions
Brandblack does not and cannot review all communications and materials posted or created by shoppers and customers accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Generated Content on the Site, the Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities on the Site. You may not post or otherwise distribute content to the Site which Brandblack in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of BrandBlack or another party, illegal, or otherwise objectionable to BrandBlack. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless Brandblack, its affiliated companies and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing brandblack.com using your Internet account.
Limitation of Liability
Brandblack shall not be liable for any special, incidental, indirect or consequential damages that result from the use of, or the inability to use, the materials on the Site or the performance of the products purchased through the Site, even if Brandblack has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your use of the Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to California Revised Statutes Chapter 72, “Sales”. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Site (including but not limited to the purchase of Brandblack) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to brandblack.com (including but not limited to the purchase of Brandblack products) must be commenced within one (1) year after the claim or cause of action arises. By using the Site, you agree to receive electronic communications from Brandblack. You agree that any notice, agreement, disclosure or other communication that Brandblack sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Brandblack’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct of the parties nor trade practice shall act to modify any of these terms and conditions. Brandblack may assign its rights and duties under this Agreement to any party at any time without notice to you.
Termination and Effect of Termination
These terms and conditions are applicable to you upon your accessing the Site. Brandblack reserves the right in its sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be modified or terminated by Brandblack without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.