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| Conditions of Use |
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BlackArtsMall's Conditions of Use
Last Revised September 10, 2004
Thank you for choosing BlackArtsMall for purchasing those much sought African, African american,
Caribbeans and Western classics fine art prints!
This agreement between you and K Systems International Inc' s web division
("BlackArtsMall") explains how you can use our Web sites and buy various
artworks listed on our Web sites. Use of BlackArtsMall web site is governed
by this agreement. By registering as an BlackArtsMall customer, you acknowledge
and signify that you have read, understood, and agreed to be bound by this
agreement.
1. Who is BlackArtsMall ?
BlackArtsMall is a Web division of K Systems International Inc.
operates this Web site to allow registered BlackArtsMall customers ("Customers")
to purchase fine art prints from African, African american, Caribbeans and Western classics artists
2. Who Can Be a Customer?
Only individuals and businesses that are legally entitled to enter into legally
binding and enforceable contracts may register to be a Customer and purchase
artworks through the Web sites. Customers must comply with all applicable
laws.
All information submitted by Customers through the Web sites, including registration
information, payment information, and transaction-related information must
be true, accurate, current and complete.
Once you have registered as a Customer, you are referred to as a "Customer",
"You", "Your" or "Yourself" for the purposes of this agreement.
3. How This Works
BlackArtsMall collects around the world original arts from black artists
and private collectors of black arts and advertise them on it's web site.
Orders placed through the Web sites are viewed by our
sales group and order fulfillment group electronically. BlackArtsMall infrastructure
and infostructure are connected to shipping companies such as UPS and USPS.
In the case of credit card purchases, BlackArtsMall may process
the credit card via PayPal. Passwords must be kept confidential and not disclosed
to or shared with any other person. You are solely responsible and liable
for any use and misuse of Your password and for all activities that occur
under your password. You must immediately notify BlackArtsMall of any unauthorized
use of Your password, or if You know or suspect that Your password has become
known to any other person. BlackArtsMall is not under any obligation to verify
the actual identity or authority of the user of any password.
4. Misprints and Orders
Although BlackArtsMall strives to provide reliable and current information
on the Web site, misprints or other errors may occur. BlackArtsMall reserves
the right to change information on the Web sites at any time and from time
to time without any notice or liability to You or any other person.
Items listed on the Web sites are subject to availability, and may not be
available when ordered or afterwards.
The Items offered on the Web sites are invitations for purchase orders, and
shall not constitute binding offers to sell. Your properly completed and
delivered order form constitutes Your offer to purchase the Items referenced
in your order. Your order will be accepted only if and when BlackArtsMall
sends an order acceptance and shipping notice to Your email address.
5. We Respect Your Privacy
Your personal information will be collected and saved by BlackArtsMall. All
data and information collected from You by BlackArtsMall is treated confidentially
respecting the applicable laws on data protection and in accordance with
our Privacy Policy, which may be viewed by clicking here .
6. Warranty Disclaimer and Liability Exclusion and Limitation Clauses
The Web sites are provided on an "as is" and "as available" basis, and without
any representations, warranties or conditions of any kind, whether express
or implied, and including without limitation implied conditions, warranties
or representations of merchantability, fitness for a particular purpose,
performance, durability, security, availability, or accessibility, all of
which are hereby disclaimed by BlackArtsMall and its parent company (K Systems
International Inc.) to the fullest extent permitted by law.
Regardless of the nature of the claim or the reasons for the loss and damages,
BlackArtsMall’ liability is limited to foreseeable and typical damages. BlackArtsMall
will not under any circumstances be liable to You for any loss of use, loss
of production, loss of income or profits (anticipated or otherwise), loss
of markets, economic loss, special, indirect or consequential loss or damage
or punitive damages, whether in contract, tort or under any other theory
of law or equity, arising from, connected with, or relating to the use of
the Web sites by You unless it concerns the loss of life, injury of body
and/or physical health.
In no event will BlackArtsMall’s total liability to You or any other person
for any claims, proceedings, liabilities, obligations, damages, losses, and
costs, whether in contract, tort or under any other theory of law or equity,
and regardless of any negligence or other fault or wrongdoing by BlackArtsMall
or any person for whom BlackArtsMall is responsible, exceed the lesser of
US$250 or the purchase price of the Item that is the subject of the claim.
The exclusion of certain warranties and the exclusion or limitation of certain
liabilities is prohibited by law in some jurisdictions. Such limitations
may apply to You. The warranty disclaimer and liability exclusion and limitation
clauses survive indefinitely after the termination of this agreement.
7. Legal Claims
For all disputes between BlackArtsMall and you or any other person arising
from, connected with or relating to the Web sites, this Agreement, transactions
facilitated or conducted through the Web sites, Items ordered or purchased
through the Web sites, dealings between You and BlackArtsMall, or any related
matters or any legal relationship associated therewith or derived therefrom
("Disputes"), the relevant parties will attempt to find a reasonable solution
least onerous to the parties. If a Dispute cannot be resolved by the parties,
then the Dispute must be resolved before the Courts of Maryland sitting in
Montgomery County, Maryland, USA, and you hereby irrevocably submit and attorn
to the original and exclusive jurisdiction of those courts in respect of
all Disputes. Proceedings regarding Disputes must be commenced in a court
of competent jurisdiction in Montgomery County, Maryland, USA within six
(6) months after the Dispute arose, after which time any and all proceedings
regarding the Dispute are barred. Any shorter time limit provided by statute
law remains unaffected.
8. How Do You or BlackArtsMall End This Agreement?
You or BlackArtsMall may terminate this Agreement at any time with immediate
effect and without any prior notice. BlackArtsMall may at any time and in
its discretion immediately suspend or terminate (in whole or in part) your
permission to use the Web sites without any notice or liability to You or
any other person.
If this agreement or your permission to use the Web sites is terminated by
You or BlackArtsMall for any reason, this agreement will nevertheless continue
to apply and be binding upon You in respect of Your prior use of the Web
sites and prior purchases of Items through the Web site and anything connected
with, relating to or arising from those matters.
9. Changes to Web site, Policies and Procedures, and this Agreement
BlackArtsMall may, in its discretion, change, suspend or terminate, temporarily
or permanently, the Web sites or any part of them at any time, for any reason,
without any notice or liability to You or any other person.
BlackArtsMall may, in its discretion, change, supplement or amend its policies
and procedures and this agreement as they relate to future use of the Web
sites from time to time and without any notice or liability to You or any
other person, by posting revised documents on the Web sites. You may not
change, supplement or amend this agreement or any BlackArtsMall policies
or procedures.
You and BlackArtsMall have expressly requested and required that this Agreement
and all other related documents be drawn up in the English language.
Thank you for registering with BlackArtsMall. We look forward to serving
you as a valued customer.
BlackArtsMall.com Management |
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