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