Terms & Conditions
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENTCAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OROUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMSAND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BYREFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER,OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONSBEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLYAGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOTACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement betweenyou and The BLK Gallery (hereinafter "Theblkgallery"), a company duly organized and validlyexisting. This Agreement annulsand voids all previous agreements.
The Site (www.theblkgallery.com) is operated by Theblkgallery. Throughout the Site, the terms"we", "us" and "our" refer to Theblkgallery. Theblkgallery offers this Site, including all information,tools and services available from this Site to you, the user, conditioned upon your acceptance ofall terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our "Service" and agreeto be bound by the following terms and conditions, including those additional terms and conditionsand policies referenced herein and/or available by hyperlink. These Terms apply to all users ofthe Site, including without limitation users who are browsers, vendors, customers, merchants,and/or contributors of content. In the event of an inconsistency between this Agreement and anyadditional terms or policies referenced herein, the provisions of the additional terms or policiesshall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using anypart of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of thisAgreement, then you may not access the Site or use any Service. If these Terms are consideredan offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms.You can review the most current version of the Terms at any time on this page. We reserve theright to update, change or replace any part of these Terms by posting updates and/or changes toour Site. It is your responsibility to check this page periodically for changes. Your continued use ofor access to the Site following the posting of any changes constitutes acceptance of thosechanges.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your stateor province of residence, or that you are the age of majority in your state or province of residenceand you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in theuse of our products or Site, violate any laws in your jurisdiction (including but not limited to motorvehicle laws). You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your accountand right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretionat any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as serviceannouncements and administrative or legal notices from us. Please note that you cannot opt outof receiving these notices.
You understand that your content (not including credit card information), may be transferredunencrypted and involve (a) transmissions over various networks; and (b) changes to conformand adapt to technical requirements of connecting networks or devices. Credit card information isalways encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use ofthe Site, or access to the Site or any contact on the Site, without express written permission byus.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, createderivative works, or in any way exploit any of the content, in whole or in part, found on the Site.Theblkgallery content is not for resale. Use of the Site does not entitle users to make anyunauthorized use of any protected content, and in particular you will not delete or alter anyproprietary rights or attribution notices in any content. You will use protected content solely foryour personal use, and will make no other use of the content without the express writtenpermission of Theblkgallery and the copyright owner. You agree that you do not acquire anyownership rights in any protected content. We do not grant you any licenses, express or implied,to the intellectual property of Theblkgallery or our licensors except as expressly authorized bythese Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Theblkgallery Site. The terms"member," "membership," and "account" all refer to this registration as a member onTheblkgallery's Site. If you are merely surfing or browsing through the Site and have not yetcreated an account, your use of the Site is still subject to this Agreement; if you do not agree tothis Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also askyou to create a password. Because any activities that occur under your username or passwordare your responsibility it is important for you to keep your username and/or password secure. Youmay not assign or otherwise transfer your account to any other person or entity. Youacknowledge that Theblkgallery is not responsible for third party access to your account thatresults from theft or misappropriation of your account. Notify us immediately if you believe thatsomeone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself asmay be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort tomaintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,The BLK Gallery will have sufficient grounds and rights to suspend or terminate the member inviolation of this aspect of the Agreement, and as such refuse any and all current or future use ofThe BLK Gallery Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that allinformation, text, software, data, photographs, music, video, messages, tags or any othercontent, whether it is publicly or privately posted and/or transmitted, is the expressed soleresponsibility of the individual from whom the content originated. In short, this means that you aresolely responsible for any and all content posted, uploaded, emailed, transmitted or otherwisemade available by way of the Theblkgallery Services, and as such, we do not guarantee theaccuracy, integrity or quality of such content. It is expressly understood that by use of ourServices, you may be exposed to content including, but not limited to, any errors or omissions inany content posted, and/or any loss or damage of any kind incurred as a result of the use of anycontent posted, emailed, transmitted or otherwise made available by Theblkgallery.
Furthermore, you herein agree not to make use of The BLK Gallery's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any contentthat shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful,and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, anyTheblkgallery officials, forum leaders, guides or hosts or falsely stating or otherwisemisrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personallyhave no right to pursuant to any law nor having any contractual or fiduciary relationshipwith;
e) uploading, posting, emailing, transmitting or otherwise offering any such content thatmay infringe upon any patent, copyright, trademark, or any other proprietary or intellectualrights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you donot personally have any right to offer pursuant to any law or in accordance with anycontractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited orunauthorized advertising, promotional flyers, "junk mail," "spam," or any other form ofsolicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that maycontain a software virus or other computer code, any files and/or programs which havebeen designed to interfere, destroy and/or limit the operation of any computer software,hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner thatwould negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting anyThe BLK Gallery Services, servers and/or networks thatmay be connected or related to our website, including, but not limited to, the use of anydevice software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or internationallaw, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.Securities and Exchange Commission, in addition to any rules of any nation or othersecurities exchange, that would include without limitation, the New York Stock Exchange,the American Stock Exchange, or the NASDAQ, and any regulations having the force oflaw;l) providing informational support or resources, concealing and/or disguising the character,location, and or source to any organization delegated by the United States government asa "foreign terrorist organization" in accordance to Section 219 of the ImmigrationNationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user inconnection with the prohibited conduct and/or activities which have been set forth in theaforementioned paragraphs.
The BLK Gallery herein reserves the right to pre-screen, refuse and/or delete any contentcurrently available through our Services. In addition, we reserve the right to remove and/or deleteany such content that would violate the Terms or which would otherwise be considered offensiveto other visitors, users and/or members.
The BLK Gallery herein reserves the right to access, preserve and/or disclose member accountinformation and/or content if it is requested to do so by law or in good faith belief that any suchaction is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of anythird party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety ofThe BLK Gallery, its visitors,users and members, including the general public.
The BLK Gallery herein reserves the right to include the use of security components that maypermit digital information or material to be protected, and that such use of information and/ormaterial is subject to usage guidelines and regulations established by The BLK Gallery or anyother content providers supplying content services to The BLK Gallery. You are hereby prohibitedfrom making any attempt to override or circumvent any of the embedded usage rules in ourServices. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of anyinformation or materials supplied by our Services, despite whether done so in whole or in part, isexpressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree tocomply with all local rules relating to online conduct and that which is considered acceptablecontent. Uploading, posting and/or transferring of software, technology and other technical datamay be subject to the export and import laws of the United States and possibly other countries.Through the use of our network, you thus agree to comply with all applicable export and importlaws, statutes and regulations, including, but not limited to, the Export Administration Regulations(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program ofthe United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any governmentexport exclusion report(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of anyother government which may be part of an export-prohibited country identified in applicableexport and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through theuse of our network Services to any export-prohibited country;c) agree not to use our website network Services for any military, nuclear, missile,chemical or biological weaponry end uses that would be a violation of the U.S. export laws;and
d) agree not to post, transfer nor upload any software, technology or any other technicaldata which would be in violation of the U.S. or other applicable export and/or import laws.
SECTION 5 - SUBMITTED CONTENT
The BLK Gallery shall not lay claim to ownership of any content submitted by any visitor,member, or user, nor make such content available for inclusion on our website Services.Therefore, you hereby grant and allow for The BLK Gallery the below listed worldwide, royaltyfree and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areasof The BLK Gallery's Sites, the license provided to permit to use, distribute, reproduce,modify, adapt, publicly perform and/or publicly display said Content on our networkServices is for the sole purpose of providing and promoting the specific area to which thiscontent was placed and/or made available for viewing. This license shall be available solong as you are a member of The BLK Gallery's sites, and shall terminate at such timewhen you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on thepublicly accessible areas of The BLK Gallery's sites, the license provided to permit to use,distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Contenton our network Services are for the sole purpose of providing and promoting the specificarea in which this content was placed and/or made available for viewing. This license shallbe available so long as you are a member of The BLK Gallery's sites and shall terminate atsuch time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publiclyaccessible areas of The BLK Gallery's sites, the continuous, binding and completely sublicensable license which is meant to permit to use, distribute, reproduce, modify, adapt,publish, translate, publicly perform and/or publicly display said content, whether in whole orin part, and the incorporation of any such Content into other works in any arrangement ormedium current used or later developed.
Those areas which may be deemed "publicly accessible" areas ofThe BLK Gallery's Sites arethose such areas of our network properties which are meant to be available to the general public,and which would include message boards and groups that are openly available to both users andmembers. However, those areas which are not open to the public, and thus available to membersonly, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
The BLK Gallery may provide an area for our user and members to contribute feedback to ourwebsite. When you submit ideas, documents, suggestions and/or proposals ("Contributions") toour site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b ) Theblkgallery shall not be liable or under any obligation to ensure or maintainconfidentiality, expressed or implied, related to any Contributions;
c) Theblkgallery shall be entitled to make use of and/or disclose any such Contributions inany such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property ofTheblkgallery; and
e ) Theblkgallery is under no obligation to either compensate or provide any form ofreimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All users and/or members agree to insure and holdThe BLK Gallery, our subsidiaries, affiliates,agents, employees, officers, partners and/or licensors blameless or not liable for any claim ordemand, which may include, but is not limited to, reasonable attorney fees made by any thirdparty which may arise from any content a member or user of our Site may submit, post, modify,transmit or otherwise make available through our Services, the use of Theblkgallery Services oryour connection with these Services, your violations of the Terms of Service and/or your violationof any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploitfor any commercial reason any part, use of, or access to Theblkgallery's sites.
SECTION 8 - MODIFICATIONS
The BLK Gallery reserves the right at any time it may deem fit, to modify, alter and or discontinue,whether temporarily or permanently, our service, or any part thereof, with or without prior notice.In addition, we shall not be held liable to you or to any third party for any such alteration,modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As a member of www.theblkgallery.com, you may cancel or terminate your account, associatedemail address and/or access to our Services by submitting a cancellation or termination requestto .
As a member, you agree that The BLK Gallery may, without any prior written notice, immediatelysuspend, terminate, discontinue and/or limit your account, any email associated with youraccount, and access to any of our Services. The cause for such termination, discontinuance,suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or any other incorporated agreement, regulationand/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any partthereof;
d) unexpected technical or security issues and/or problems;e) any extended periods of inactivity;f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection withyour www.theblkgallery.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, andor limitations of access for cause shall be made at our sole discretion and that we shall not beliable to you or any other third party with regards to the termination of your account, associatedemail address and/or access to any of our Services.
The termination of your account with www.theblkgallery.com shall include any and/or all of thefollowing:
a) the removal of any access to all or part of the Services offered withinwww.theblkgallery.com;
b) the deletion of your password and any and all related information, files, and any suchcontent that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either The BLK Gallery or any third parties may provide links to other websites and/or resources.Thus, you acknowledge and agree that we are not responsible for the availability of any suchexternal sites or resources, and as such, we do not endorse nor are we responsible or liable forany content, products, advertising or any other materials, on or available from such third-partysites or resources. Furthermore, you acknowledge and agree that The BLK Gallery shall not beresponsible or liable, directly or indirectly, for any such damage or loss which may be a result of,caused or allegedly to be caused by or in connection with the use of or the reliance on any suchcontent, goods or Services made available on or through any such site or resource.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that The BLK Gallery's Services and any essentialsoftware that may be used in connection with our Services ("Software") shall contain proprietaryand confidential material that is protected by applicable intellectual property rights and other laws.Furthermore, you herein acknowledge and agree that any Content which may be contained in anyadvertisements or information presented by and through our Services or by advertisers isprotected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,except for that which is expressly permitted by applicable law or as authorized by The BLKGallery or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which arebased on The BLK Gallery Services (e.g. Content or Software), in whole or part.
The BLK Gallery hereby grants you a personal, non-transferable and non-exclusive right and/orlicense to make use of the object code or our Software on a single computer, as long as you donot, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from,reverse engineer, reverse assemble or otherwise make an attempt to locate or discern anysource code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer anysuch right in the Software. Furthermore, you do herein agree not to alter or change the Softwarein any manner, nature or form, and as such, not to use any modified versions of the Software,including and without limitation, for the purpose of obtaining unauthorized access to our Services.Lastly, you also agree not to access or attempt to access our Services through any means otherthan through the interface which is provided by The BLK Gallery for use in accessing ourServices.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF THE BLK GALLERY SERVICES AND SOFTWARE ARE AT THE SOLERISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "ASIS" AND/OR "AS AVAILABLE" BASIS. THE BLK GALLERY AND OUR SUBSIDIARIES,AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORSEXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHEREXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIEDWARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT.
b) THE BLK GALLERY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE BLKGALLERY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THEBLK GALLERY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINEDFROM THE USE OF THE THE BLK GALLERY SERVICES OR SOFTWARE WILL BEACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANYINFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINEDBY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUREXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THESOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF THE BLK GALLERY SERVICES OR SOFTWARE SHALL BE ACCESSED BYYOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELYRESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OFACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/ORINTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OFDATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATIONOR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL,THAT MAY BE OBTAINED BY YOU FROM THE BLK GALLERY OR BY WAY OF ORFROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOTEXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHOHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THEFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTEREDVISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE BLK GALLERYAND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERSAND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUTNOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAYHAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, ANDRESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute, you agree to releaseThe BLK Gallery (and its officers, directors,employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other thirdparties) from claims, demands and damages (actual and consequential) of every kind and nature,known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or inany way connected to such dispute.
SECTION 15 - NOTICE
The BLK Gallery may furnish you with notices, including those with regards to any changes to theTerms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings onour website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms byaccessing our Services in an unauthorized manner. Your acceptance of this Agreementconstitutes your agreement that you are deemed to have received any and all notices that wouldhave been delivered had you accessed our Services in an authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of theThe BLK Gallery trademarks,copyright, trade name, service marks, and other The BLK Gallery logos and any brand features,and/or product and service names are trademarks and as such, are and shall remain the propertyo f The BLK Gallery. You herein agree not to display and/or use in any manner theThe BLKGallery logo or marks without obtaining The BLK Gallery's prior written consent.
The BLK Gallery will always respect the intellectual property of others, and we ask that all of ourusers do the same. With regards to appropriate circumstances and at its sole discretion, The BLKGallery may disable and/or terminate the accounts of any user who violates our Terms and/orinfringes the rights of others. If you feel that your work has been duplicated in such a way thatwould constitute copyright infringement, or if you believe your intellectual property rights havebeen otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf ofthe owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe hasbeen infringed upon;
c) A description of the location of the site which you allege has been infringing upon yourwork;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is notauthorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementionedinformation in your notice is truthful and accurate, and that you are the copyright orintellectual property owner, representative or agent authorized to act on the copyright orintellectual property owner's behalf.The
The BLK Gallery agent for notice of claims of copyright or other intellectual propertyinfringement can be contacted as follows: Email: firstname.lastname@example.org
SECTION 17 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you andThe BLK Gallery and shallgovern the use of our Services, superseding any prior version of this Agreement between youand us with respect to The BLK Gallery Services. You may also be subject to additional termsand conditions that may apply when you use or purchase certain other The BLK Gallery Services,affiliate Services, third-party content or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you andThe BLK Gallery with regard to the Agreement thatthe relationship between the parties shall be governed by the laws of the state of New Yorkwithout regard to its conflict of law provisions and that any and all claims, causes of action and/ordisputes, arising out of or relating to the Agreement, or the relationship between you andTheBLK Gallery, shall be filed within the courts having jurisdiction within the County ofUnited States,New York or the U.S. District Court located in said state. You andThe BLK Gallery agree tosubmit to the jurisdiction of the courts as previously mentioned, and agree to waive any and allobjections to the exercise of jurisdiction over the parties by such courts and to venue in suchcourts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should The BLK Gallery fail to exercise or enforce any right or provision of theAgreement, such failure shall not constitute a waiver of such right or provision. If any provision ofthis Agreement is found by a court of competent jurisdiction to be invalid, the parties neverthelessagree that the court should endeavor to give effect to the parties' intentions as reflected in theprovision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP NONTRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights toyour ID and/or contents within your account shall terminate upon your death. Upon receipt of acopy of a death certificate, your account may be terminated and all contents therein permanentlydeleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, anyclaim or action arising out of or related to the use of our Services or the Agreement must be filedwithin 1 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please report any and all violations of this Agreement toThe BLK Gallery as follows: Email: email@example.com
SECTION 23 - GOVERNMENT REQUESTS
SECTION 24 - FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by Theblkgallery from our offices within theUSA. If you access the Site from a location outside the USA, you are responsible for compliancewith all local laws. You agree that you will not use Theblkgallery's content accessed through theSite in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors,inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,product shipping charges, transit times and availability. We reserve the right to correct any errors,inaccuracies or omissions, and to change or update information or cancel orders if anyinformation on the Site or on any related Site is inaccurate at any time without prior notice(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any relatedSite, including without limitation, pricing information, except as required by law. No specifiedupdate or refresh date applied on the Site or on any related Site, should be taken to indicate thatall information on the Site or on any related Site has been modified or updated.
Last Updated: 03/01/2020.