TERMS OF SERVICE
OVERVIEW​
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You, the user, are provided by Blac'karz with access to this website and all information, tools, and services available from this site on the understanding that you will abide by all terms, conditions, policies, and notices indicated on this website.
You agree to the following terms and conditions ("Terms of Service" or "Terms") by visiting our site. Including such other terms and conditions and policies that are linked herein and/or accessible by hyperlink, and/or making a purchase from us, which together constitute our "Service". All users of the site, including, without limitation, browsers, vendors, customers, merchants, and/or content producers, are subject to these Terms of Service.
Before using or visiting our website, please take the time to thoroughly read these terms of service. You agree to be bound by these Terms of Service by accessing or using any element of the website. You are not permitted to use any services or visit the website if you do not agree to all of the terms and conditions of this agreement. Acceptance is conditionally set forth in these Terms of Service, if these Terms of Service are an offer.
The Terms of Service also apply to any new features or tools that are introduced to the current store. On this page, you can always review the most recent version of the terms of service. By publishing updates and/or changes to our website, we retain the right to amend, modify, or replace any element of these Terms of Service, privacy policy and shipping policy. It is your obligation to periodically check this page for updates. Following the publication of any modifications, your continued use or access to the website implies acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
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You affirm that you are at least the age of majority in your state or province of residence or that you are the age of adulthood in your state or province of residence, and you have granted us permission to let any of your minor dependents use this site by agreeing to these Terms of Service.
You may not use our products for any unlawful or unauthorized purposes, and you may not break any local laws (including, but not limited to, copyright laws) while using the service.
You must not distribute any worms, viruses, or other disruptive code. Your services will be immediately terminated if any of the terms are broken or violated.
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SECTION 2 - GENERAL CONDITIONS
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Anytime, for any reason, we have the right to deny service to anyone.
You are aware that your content (except credit card data) may be transmitted over a variety of networks and is subject to (a) transmission over those networks; and (b) changes to meet and adapt to the technical requirements of those networks or devices. Whenever credit card data is transferred over networks, it is always encrypted.
You agree that you will not, without our prior written consent, reproduce, duplicate, copy, sell, resell, or exploit any part of the service, use of the service, access to the service, or any contact on the website through which the service is given. The headings used in this agreement are simply there for your convenience and have no bearing on these terms in any way.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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Inaccurate, incomplete, or out-of-date information on this website is not our responsibility. The content on this website is provided for informational purposes only and should not be relied upon or used as the only basis for choices without consulting primary, more reliable, complete, or up-to-date sources of data. Your use of the information on this website is at your own risk. There may be historical data on this website. Information that is historical is unavoidably out of date and is only offered for your reference. Although we reserve the right to change the information on this site at any time, we are under no obligation to do so. You acknowledge that it is your duty to keep an eye on changes.
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SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
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Without prior notice, our product prices may change.
We retain the right to change or stop providing the service (or any feature or material within it) at any time and without prior notice. Any time the service is altered, its pricing is changed, it is suspended, or it is discontinued, we won't be responsible to you or any third parties.
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SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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Some goods or services might only be accessible online via the website. These goods or services might be in short supply and are only returnable or exchangeable in accordance with our return policy.
We have done everything we can to ensure that the colour and photos of our products that appear in the store are as accurate as possible. The accuracy of any colour displayed on your computer monitor or device cannot be guaranteed by us.
We reserve the right, but are under no obligation, to restrict the sales of our goods or services to any one individual, community, or legal system. On a case-by-case basis, we may use this right. We have the right to set a cap on the number of goods or services we provide. All product descriptions and prices are subject to modification at any moment and without prior notification at our sole discretion. Anytime, we reserve the right to stop selling any product. Any offer made on this website for any good or service is void where prohibited.
We make no promises as to whether the quality of any goods, services, details, or other materials you buy or get will satisfy your needs or requirements, and we make no guarantees that any mistakes in the service will be fixed.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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Any order you place with us may be rejected by us at our discretion. We have the right to restrict or discontinue sales to one individual, one household, or one order at our sole discretion. These limitations may apply to orders made using the same credit card, the same billing address, the same shipping address, or orders made by or under the same customer account. If your order is modified or cancelled, we may attempt to reach you by phone, email, and/or the billing address or phone number you provided when placing the transaction. Orders that appear to have been placed by dealers, resellers, or distributors, in our sole discretion, may be restricted or prohibited.
For any purchases made at our store, you agree to provide current, complete, and accurate account and purchase information. In order for us to complete your transactions and get in touch with you as necessary, you agree to immediately update your account and other information, including your email address, credit card numbers, and expiration dates.
Please examine our Shipping and Returns Policy for more information.
SECTION 7 - OPTIONAL TOOLS
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We might give you access to third-party tools that we don't monitor, control, or have any say in.
You understand and accept that we provide these tools "as is" and "as available" without any guarantees, assurances, or conditions of any sort. We also do not recommend or make any claims about these tools. We won't be held responsible for anything related to or resulting from your use of optional third-party tools. You must understand and agree to the conditions under which any optional tools given by the appropriate third-party provider(s) are provided before using any optional tools made available through the site at your own risk and discretion.
In the future, we might also launch new tools and materials as well as provide new services and/or features on the website. These Terms of Service will also apply to such new features and/or services.
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SECTION 8 - THIRD-PARTY LINKS
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Materials from third parties may be included in some content, goods, and services made available through our site.
You might be taken to third-party websites through links on our website that are not connected to us. We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites, as well as for any other third-party materials, goods, or services. Any loss or damages resulting from the acquisition or use of products, services, resources, content, or any other transactions made in conjunction with any third-party websites are not our responsibility. Before you enter into any transaction, please carefully research the third party's rules and practices to ensure that you are familiar with them. Any issues, claims, worries, or inquiries regarding items from third parties should be addressed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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You agree that if you send us unsolicited creative ideas, suggestions, plans, or other materials (collectively, "comments"), whether online, by email, by postal mail, or otherwise, whether at our request (for example, contest entries) or without our request, we may use, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and never will be obligated to (1) keep any comments private; (2) compensate for any remarks; or (3) reply to any comments. We may monitor, edit, or remove content that we find in our sole discretion to be unlawful, indecent, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, but we are under no duty to do so.
You acknowledge that you will not post anything that infringes on anybody else's copyright, trademark, privacy, or other proprietary or personal rights. You further agree that your comments won't contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that could in any way impair the functionality of the Service or any website connected to it. You aren't allowed to impersonate someone else, use a bogus email address, or otherwise mislead us or other people about the source of any remarks. You alone are accountable for the truthfulness of any remarks you make. Regarding any remarks made by you or any other party, we disclaim all liability.
SECTION 10 - PERSONAL INFORMATION
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Our Privacy Policy applies to any personal information you submit through the store. view our privacy statement.
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SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
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On rare occasions, material on our website or in the service may have clerical or other errors, inaccuracies, or omissions that may pertain to product descriptions, costs, special offers, promotions, transit times, and availability. We reserve the right to change or update information or cancel purchases if any information in the service or on any affiliated website is erroneous at any time (even after you have completed your order). We also reserve the right to remedy any mistakes, inaccuracies, or omissions.
Except as required by law, we make no commitment to update, modify, or clarify any information in the service or on any associated website, including, without limitation, pricing information. It should not be assumed that all of the information in the service or on any connected website has been updated or amended because there is no explicit update or refresh date applied.
SECTION 12 - PROHIBITED USES
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You are forbidden from using the website or its content, in addition to other restrictions outlined in the Terms of Service: Infringing upon or violating our intellectual property rights or the intellectual property rights of others includes: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, or to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. For breaching any of the banned uses, we retain the right to stop you from using the service or any connected website.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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Your use of our service will not be uninterrupted, timely, secure, or error-free, and we do not promise, represent, or warrant that it will be. We do not guarantee the accuracy or dependability of any outcomes that may be attained through the use of the service.
You acknowledge that we reserve the right to discontinue the service at any time and without prior warning, or to remove it altogether.
You explicitly acknowledge that the service is used at your own risk, whether you can use it or not. Except where expressly stated by us, the service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, free from any express or implied representation, warranty, or condition of any kind, including without limitation any implied warranty or condition of title, non-infringement, merchantability, or fitness for a particular purpose.
Without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any other similar damages, whether based in contract, tort (including negligence), or any other legal theory, Blac'karz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. Even if informed of their likelihood, as a result of using the service or any material (or product) posted, communicated, or otherwise made accessible via the service. Our liability shall be limited to the greatest extent permitted by law in those states or jurisdictions that do not allow the exclusion or restriction of liability for consequential or incidental damages.
SECTION 14 - INDEMNIFICATION
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You acknowledge that by using this site, you may be subjecting Blac'karz and, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees to claims and demands, including reasonable attorneys' fees, made by any third-party due to or arising out of your violation of any of the terms and conditions contained herein or the documents they incorporate by reference, or your violation of any law.
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SECTION 15 - SEVERABILITY
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The unenforceable portion of any provision of these Terms of Service shall be deemed to be severed from these Terms of Service, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by applicable law. If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
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The termination of this agreement shall not affect the parties' obligations and liabilities accrued before the termination date.
Unless and until terminated by us, these Terms of Service are in force. We may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up until and including the date of termination.
Additionally, we may deny any request made by you if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service or we suspect that you have failed to comply.
SECTION 17 - ENTIRE AGREEMENT
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Any right or provision of these Terms of Service that we do not execute or enforce in accordance with them does not constitute a waiver of those rights or provisions.
All prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any earlier versions of the Terms of Service) are superseded by these Terms of Service, any policies or operating rules posted by us on this website or in relation to the Service, which together govern your use of the Service.
Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.
SECTION 18 - GOVERNING LAW
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These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of British Columbia, Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
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On this page, you can always consult the most recent version of the Terms of Service.
By publishing updates and changes to our website, we retain the right to amend, modify, or replace any portion of these Terms of Service at any time. It is your duty to often check our website for updates. Any modifications to these Terms of Service that are posted after you first use our website or use the service indicate your acceptance of those modifications.
SECTION 20 - CONTACT INFORMATION
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Questions about the Terms of Service should be directed to us at blackarz.studio@gmail.com