Terms of Agreement
Intellectual Property Rights
The Site and its Contents are
protected by copyright, trademark, trade dress and other laws and Black Metal
Ink Comics, LLC owns and/or uses with permission all worldwide right, title and
interest in and to the Site and its Contents. Black Metal Ink Comics,
LLC, and all other trademarks appearing on the Site are trademarks of Black
Metal Ink Comics, LLC or are licensed and/or used with permission. You
agree not to display or use such trademarks without Black Metal Ink Comics,
LLC’s expressed permission.
User Comments, Feedback, Postcards and Other Submissions
Any and all comments, feedback,
postcards, suggestions, ideas, and other submissions disclosed, submitted or
offered by you to Black Metal Ink Comics, LLC on or by this Site or otherwise
disclosed, submitted or offered in connection with your use of this Site
(collectively, "Submissions") shall be and remain Black Metal Ink
Comics, LLC property. You agree to, if requested by Black Metal Ink
Comics, LLC, assign and transfer to Black Metal Ink Comics, LLC all rights in
and derived from the Submissions that you may have including without
limitation, all ownership of and rights to use, sell and commercialize the
intellectual property and the right to file applications to register such
rights. Black Metal Ink Comics, LLC is not under any obligation (1) to maintain
any Comments in confidence; (2) to pay to you any compensation for any
Comments; or (3) to respond to any user Comments.
By making any Submission to the
Site, you agree that such Submission does not violate any right of any third
party, including copyright, trademark, privacy, patent or other personal or
proprietary right(s). In addition, to the extent any Submission contains your or
any other person’s name, likeness, voice or biographical information (“Personal
Rights”), you hereby grant and will cause such other person to grant to Black
Metal Ink Comics, LLC a transferable, non-exclusive, worldwide, royalty-free
license to use such Personal Rights for any advertising or marketing of Black
Metal Ink Comics, LLC products in any medium.
You agree to indemnity and hold
harmless Black Metal Ink Comics, LLC and its affiliates and their respective
officers, directors and employees against any losses, liabilities, claims and
expenses (including attorneys’ fees) arising out of your account, your use this
Site, your Submission and any Personal Rights contained therein.
You further agree that your
Submission to the Site does not contain libelous or otherwise unlawful, abusive
or obscene material. You are and shall remain solely responsible for the
content of any Submission you submit. You agree that Black Metal Ink Comics,
LLC may use and/or disclose information in your Submission consistent with the
terms of the Privacy Policy.
Electronic Communications
You consent to receive electronic
communications from Black Metal Ink Comics, LLC either in the form of an e-mail
set to you at the e-mail address listed on your account or by communications
posted on the Site. You acknowledge and agree that any electronic communication
in the form of such e-mail or posting on the Site shall satisfy any legal
requirement that such communication be in writing.
Your Account
You must establish an account with
Black Metal Ink Comics, LLC in order to purchase through the Site. You are
solely responsible for (i) maintaining the security of your account and
password; (ii) restricting access to your account; and (iii) keeping your
account email address current. You are solely responsible for all activities,
including without limitation, all purchases of products on the Site and posting
of Submissions, that occur under your account.
You acknowledge and agree that
Black Metal Ink Comics, LLC may access, preserve and disclose your account
information, Submissions, communications, and information relative to your use
of the Site, and any other information under your account if Black Metal Ink
Comics, LLC is required to do so by law or legal process or if Black Metal Ink
Comics, LLC determines, in its sole discretion, that such action is necessary
to protect the rights of Black Metal Ink Comics, LLC, third parties and other
users of the Site or for otherwise responding to your customer service
inquiries. Black Metal Ink Comics, LLC’s rights herein shall govern over any
terms of our Privacy Policy.
Site Transactions
We reserve the right to request
further identification for credit card processing on any order you place with
us. We reserve the right to change and/or refuse any order you enter on
the Site. We may, in our sole discretion, limit or cancel quantities purchased
per person, per household or per order; including multiple orders entered by or
under the same customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors. In the event we change or cancel an order, we will
attempt to notify you by contacting the applicable contact information provided
when the order was submitted on the Site.
Shipping
The terms and conditions for
shipping can be found in Shipping Information.
Modification
Any content offered or posted on
this Site is subject to modification or discontinuation at any time and from
time to time without notice or obligation to you. Without limiting the
foregoing, Black Metal Ink Comics, LLC reserves the right, in its sole
discretion, to charge fees for the use or purchase of, or access to, any
products, services or Content offered through the Site, at any time from time
to time.
Terms of Sale
All product sales from the Site are
governed by the Returns & Exchanges policy and the Shipping
Information that is posted on the Site. You should refer to such policies
and review the same. By ordering and/or accepting delivery of the products, you
agree to be bound by said policies. The policies are subject to change
without notice and you review the same before you purchase any product.
Limitation of Liability
To the maximum extent permitted by
law, Black Metal Ink Comics, LLC and its parent, subsidiary companies and/or
any of its affiliated entities (the “Black Metal Ink Comics, LLC Group”)
exclude all liability for any damages (howsoever arising, including without
limitation through contract, tor (including negligence), breach of statutory
duty or otherwise) arising out of or in connection with your access to (or
inability to access) or use of the Site and its contents. All conditions,
warranties and other terms which may be implied by statute, common law or
otherwise are hereby excluded to the maximum extent permitted by law. In no
event shall the Black Metal Ink Comics, LLC Group or their respective officers,
directors, contractors, employees or agents be liable for: (i) any indirect,
special, or consequential loss or damage, or (i) loss of profit, (iii) loss of
business, (iv) loss of contract, or (vii) loss of data, in each case, incurred
by any user in connection with the Site, any sites linked to it and any
materials posted on it, even if Black Metal Ink Comics, LLC has been previously
advised of the possibility of such damage. Nothing in these Terms of Use shall
exclude or limit our liability for death or personal injury arising from our
negligence, any breach of the obligations implied by applicable law, or for any
fraud, or fraudulent misrepresentation or any other liability to the extent it
cannot be waived or limited under applicable law.
Governing Law and Jurisdiction
These Terms of Use shall be
governed by, construed and enforced in accordance with the laws of the State of
Georgia. The courts at the registered office of Black Metal Ink Comics, LLC
will have exclusive jurisdiction over any claim or any dispute arising from, or
related to, a visit to the Site. Black Metal Ink Comics, LLC reserves the right
to bring proceedings against you for breach of these Terms of Use in your State
of residence or any other relevant State.
Invalidity
If any provision of these Terms of
Use are held to be invalid, illegal or unenforceable in any jurisdiction, the
same will not affect the effectiveness or validity in other jurisdiction or the
effectiveness of any other provision herein.
Questions
If you have any concerns about
material which appears on the Site or these Terms of Use, please contact us by
emailing at: [email protected] or by writing to:
Black Metal Ink
Comics, LLC
C/O Customer Service
Catalina Drive
Decatur, GA 30032