Black Back Studio Terms of Service

1. Your relationship with BBS

1.1 Your purchase of BBS's products and/or services (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and BBS. "BBS" means Black Back Studio, whose principal place of business is at 1662 Merrill Drive Apt. 52 San Jose, CA, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing (email included) with BBS, your agreement with BBS will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".

1.3 Your agreement with BBS will also include the terms of any Notices applicable to the Services in addition to the Universal Terms. All of these Notices are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be posted on the "Services & Pricing" webpage located at http://www.blackbackstudio.com/services.html, on the "Ordering Information" webpage located at http://www.blackbackstudio.com/orderinfo.html, and/or through email discussion with BBS directly regarding the Service(s).

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and BBS in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by (a) checking the box to accept the Terms where this option is made available to you by BBS on the website order form located at http://www.blackbackstudio.com/order.html, or (b) stating that you accept the Terms in an email to BBS directly.

2.3 You may not use the Services and may not accept the Terms if you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 It is not required to do so, but before you continue it is advised to print or save a local copy of the Universal Terms for your records.

3. Provision of the Services by BBS

3.1 BBS is constantly advancing in order to provide the highest quality of service for its customers. You acknowledge and agree that the Services, which BBS provides, may change from time to time without prior notice to you.

3.2 You acknowledge and agree that BBS may deny your order if placed while Commission Status is posted as "Closed" on the website at http://www.blackbackstudio.com. Approved orders will only be processed when Commission Status is posted as "Open".

3.3 You acknowledge that BBS has the right to refuse your order without cause.

4. Conditions of Use

4.1 To place an order for Service(s), you will be required to provide information about yourself (such as your name and contact information) as part of the ordering process. You agree that any information you give to BBS will always be accurate, correct and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

4.3 You agree to order the Services through the interface that is provided by BBS on the website at http://www.blackbackstudio.com/order.html, unless you have been specifically allowed to do so in a separate agreement with BBS.

4.4 Unless you have been specifically permitted to do so in a separate agreement with BBS, you agree that you will not reproduce, sell, trade or resell any Design Services (including artwork and prints) purchased by you for any purpose. Costume Services (including full costumes and costume parts) may be traded or sold by you at your discretion. Please note: if you consider selling your BBS Costume Service(s) as a result of a defect in the construction, please refer to our warranty information in section 9.4 below.

4.6 You agree that you are solely responsible for (and that BBS has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BBS may suffer) of any such breach.

4.1 You may not (and you may not permit anyone else to) physically and/or digitally modify any Design Services unless you have been specifically told that you may do so by BBS, in writing. Costume Services may be altered (by you or anyone else) in the event that the Costume needs alteration and/or repair.

5. Privacy and your personal information

5.1 For information about BBS's privacy practices, please read BBS's privacy policy at http://www.blackbackstudio.com/privacy.html.

5.2 You agree to the use of your data in accordance with BBS's privacy policies.

6. Proprietary rights

6.1 You acknowledge that the Services may contain information which is designated confidential by BBS and that you shall not disclose such information without BBS's prior written consent.

6.2 Unless you have agreed otherwise in writing with BBS, nothing in the Terms gives you a right to use any of BBS's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

6.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.

6.4 Unless you have been expressly authorized to do so in writing by BBS, you agree that in using the Services, you will not use any trade mark, service mark, trade name, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

7. Content license from you

7.1 You retain copyright and any other rights you already hold in Content, which you submit on the Services (Photos of your costume, for example). By submitting the content you give BBS a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, publish, publicly display and distribute any Content which you submit on the Services. This license is for the sole purpose of enabling BBS to display, distribute and promote the Services.

7.2 You agree that this license includes a right for BBS to make such Content available to other companies, organizations or individuals with whom BBS has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

7.3 You understand that BBS may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit BBS to take these actions.

7.4 You confirm and warrant to BBS that you have all the rights, power and authority necessary to grant the above license.

8. Ending your relationship with BBS

8.1 The Terms will continue to apply until terminated by either you or BBS as set out below.

8.2 If you want to terminate your legal agreement with BBS, you may do so by notifying BBS at any time. Your notice should be sent, in writing, to BBS's address, which is set out at the beginning of these Terms.

8.3 BBS may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) BBS is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) BBS is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service.

8.4 Nothing in this Section shall affect BBS's rights regarding provision of Services under Section 4 of the Terms.

8.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and BBS have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

9. WARRANTIES AND WARRANTY SERVICE REQUESTS

9.1 BBS OFFERS A LIMITED 60-DAY WARRANTY ON ALL COSTUME SERVICES ONLY. THIS WARRANTY BEGINS THE DAY WE SHIP YOUR COSTUME SERVICES TO YOU AND AN EMAIL HAS BEEN SENT FROM BBS TO YOU NOTIFYING YOU OF THE DATE YOUR WARRANTY WILL EXPIRE. THE WARRANTY COVERS:
(A) FUNCTIONAL DEFECTS DURING NORMAL USE.
(B) ALTERATIONS NEEDED IF THE COSTUME WAS MADE A SIZE TOO SMALL FOR THE WEARER.

9.2 THE WARRANTY IS NULLIFIED AND VOID UNDER THE FOLLOWING CONDITIONS IN WHICH THE COSTUME SERVICES EXPERIENCE:
(A) PHYSICAL DAMAGE BY YOU INCLUDING RIPPED SEAMS AND SOILED FABRIC.
(B) ALTERATIONS BY YOU (OR ANYONE ELSE) DURING THE 60-DAY WARRANTY PERIOD.

9.3 TO REQUEST A REPAIR UNDER THE WARRANTY, PLEASE EMAIL US DIRECTLY AT CRYSTAL [AT] BLACKBACKSTUDIO [DOT] COM WITH EMAIL SUBJECT, "REPAIR SERVICE REQUEST." PLEASE NOTE: IF YOUR EMAIL IS DATED ON OR BEFORE THE DATE YOUR WARRANTY EXPIRES, WE WILL HONOR THE WARRANTY AS APPLICABLE.

10. EXCLUSIONS

10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT BBS'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

10.3 IN PARTICULAR, BBS, DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SERVICES PROVIDED TO YOU WILL BE CORRECTED OUTSIDE OF THE WARRANTY PERIOD.

10.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BBS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

11. LIMITATION OF LIABILITY

11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BBS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH BBS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(II) YOUR FAILURE TO PROVIDE BBS WITH ACCURATE INFORMATION;

11.2 THE LIMITATIONS ON BBS'S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT BBS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12. Copyright and trade mark policies

12.1 BBS will not provide Services that may result in copyright infringement that complies with applicable international intellectual property law.

13. Changes to the Terms

13.1 BBS may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, BBS will make a new copy of the Universal Terms available at http://www.blackbackstudio.com/tos.html and any new Additional Terms will be made available to you from within, or through, the affected Services.

14. General legal terms

14.1 The Terms constitute the whole legal agreement between you and BBS and govern your use of the Services (but excluding any services which BBS may provide to you under a separate written agreement), and completely replace any prior agreements between you and BBS in relation to the Services.

14.2 You agree that BBS may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

14.3 You agree that if BBS does not exercise or enforce any legal right or remedy which is contained in the Terms (or which BBS has the benefit of under any applicable law), this will not be taken to be a formal waiver of BBS's rights and that those rights or remedies will still be available to BBS.

14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

14.5 The Terms, and your relationship with BBS under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and BBS agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BBS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.