TERMS OF USE

 

Thank you for visiting the Bolder Than Black. Bolder Than Black provides a service for purchasing printed works of art and photographic work through our website, accessible at www.bolderthanblack.com.  Please understand that all work is produced once ordered. Please review the following basic rules that govern your use of our Site (the "Agreement"). Your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may bypass this Agreement, your use of this Site still binds you to these terms. Bolder Than Black reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review the Terms of Use whenever you use the Site.

Site Use

All materials on this Site — including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the "Contents")— are intended solely for personal, non-commercial use. You may access, view, download, print or copy the Contents and other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Bolder Than Black owns and reserves all rights, title and interest in and to the intellectual property rights in any Content you access on this Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited Bolder Than Black may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice.

 

Copyright

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site, collectively the "Content", are protected by U.S. and international copyright laws. The compilation or the collection, arrangement, and assembly, of all content on the Site is the exclusive property of Bolder Than Black and is also protected by U.S. and international copyright laws.

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

 

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

 

Purchases of Printed Works

You may purchase Printed Works. You acknowledge that prices do not include shipping and handling charges or applicable Taxes, if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Site and Services, Bolder Than Black and its third party service providers will collect your billing and shipping information, process your payment and ship the Printed Works directly to you. The terms and conditions of Bolder Than Black's then-current Return Policy apply to any Printed Works that you purchase through the Site.

Color

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Bolder Than Black is not responsible for the color accuracy of any Works of Art or photographs displayed on the Site and Services, and disclaims all liability in this regard.

General Prohibitions

You agree not to do any of the following:

•             Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.

•             Use, display, mirror or frame the Site, or any individual element within the Site, Bolder Than Black's name, any Bolder Than Black trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Bolder Than Black s express written consent;

•             Access, tamper with, or use non-public areas of the Site, Bolder Than Black's computer systems, or the technical delivery systems of Bolder Than Black's providers;

•             Attempt to probe, scan or test the vulnerability of any Bolder Than Black system or network or breach any security or authentication measures;

•             Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bolder Than Black or any of Bolder Than Black's providers or any other third party (including another user) to protect the Site, Services, Bolder Than Black Content or Member Content;

•             Attempt to access or search the Site, Services, Bolder Than Black Content or Member Content or download Bolder Than Black Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Bolder Than Black or other generally available third party web browsers;

•             Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

•             Use any meta tags or other hidden text or metadata utilizing a Bolder Than Black trademark, logo URL or product name without Bolder Than Black's express written consent;

•             Use the Site, Services, Bolder Than Black Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;

•             Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Bolder Than Black Content or Member Content to send altered, deceptive or false source-identifying information;

•             Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Bolder Than Black Content or Member Content;

•             Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

•             Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

•             Impersonate or misrepresent your affiliation with any person or entity;

•             Violate any applicable law or regulation; or

•             Encourage or enable any other individual to do any of the foregoing.

Bolder Than Black will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Bolder Than Black may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Ownership

The Site, Services and Bolder Than Black Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Bolder Than Black exclusively own all right, title and interest in and to the Site, Services and Bolder Than Black Content and Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Bolder Than Black Content.

DISCLAIMER

THIS SITE IS PROVIDED BY BOLDER THAN BLACK ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOLDER THAN BLACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOLDER THAN BLACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.