Terms & Conditions

TERMS AND CONDITIONS OF USE

1. Acceptance of Terms

By accessing or using the website www.BlackArtAndPhilosophy.com (the “Site”), you agree to comply with and be bound by these terms and conditions of use (“Terms”). If you do not agree to these Terms, please do not use the Site.

2. Use of the Site

2.1 Eligibility: You must be at least 18 years old to use this Site. By using the Site, you represent and warrant that you are 18 years of age or older.
2.2 Account Registration: To access certain features of the Site, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.3 Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. Content and Intellectual Property

3.1 Ownership: All content, including but not limited to text, graphics, images, audio, video, and software, provided on the Site is the property of Black Art and Philosophy LLC or its licensors and is protected by applicable intellectual property laws.
3.2 Use of Content: You may only use the content on the Site for personal, noncommercial purposes. Any other use, including reproduction, modification, distribution, transmission, or display of the content, is strictly prohibited.
3.3 Third-Party Content: The Site may contain links to third-party websites or content. Black Art and Philosophy LLC is not responsible for the content or practices of these third party sites and does not endorse or make any representations about them.

4. Submission of Content

4.1 User-Generated Content: By submitting content, including but not limited to artwork, literature, and articles, to the Site, you grant Black Art and Philosophy LLC a nonexclusive, worldwide, royalty-free license to use, reproduce, and distribute such content on the Site and in promotional materials.
4.2 Copyright Infringement: If you believe that your work has been used on the Site in a way that constitutes copyright infringement, please contact us at [contact@BlackArtAndPhilosophy.com].
4.3 Content Guidelines: Submitted content must adhere to our content guidelines, prohibiting any material that is offensive, illegal, or infringing on the rights of others.

5. Prohibited Use

5.1 You agree not to use the Site for any unlawful purpose or in any way that could violate these Terms. Prohibited activities include, but are not limited to:
a) Engaging in any form of harassment or discrimination.
b) Uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
c) Impersonating any person or entity or falsely representing your affiliation with any person or entity.
d) Uploading, transmitting, or distributing any viruses, worms, or other malicious software.
e) Attempting to gain unauthorized access to any portion of the Site, accounts, or computer systems connected to the Site.
f) Interfering with or disrupting the integrity or performance of the Site or the data contained therein.
g) Engaging in any activity that may compromise the security of the Site or its users.

6. Content Contributions and Submissions

Before utilizing our Services, it is imperative that you thoroughly review this section, along with the “Prohibited Activities” segment, to comprehend both the rights bestowed upon us and obligations you assume when posting or uploading any content via our Services. Submissions: Should you provide us with any inquiry, comment, suggestion, idea, feedback, or other information concerning the Services (“Submissions”), you explicitly agree to assign all intellectual property rights embedded in such Submission to us. This grants us ownership of the Submission, entitling us to unrestricted use and dissemination for any lawful purpose, be it commercial or otherwise, without the need for acknowledgment or compensation to you.
Contributions: The Services may extend invitations to engage in chats, contribute to blogs, participate in message boards, online forums, and other functionalities where you may generate, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services (“Contributions”). This includes, but is not limited to, text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other materials. Any Submission publicly posted is also treated as a Contribution. It’s crucial to comprehend that Contributions may be viewable by other Services users and potentially through third-party websites.
License Grant for Contributions: Upon posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions. This includes your image, name, and voice, for any purpose, whether commercial, advertising, or otherwise. Additionally, this license encompasses the use of your name, company name, franchise name, where applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide.
Your Responsibilities for Submissions and Contributions: By submitting Submissions and/or posting Contributions, you affirm: a) Compliance with our “PROHIBITED ACTIVITIES” section, refraining from posting illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading content.
b) Waiver of any moral rights associated with Submissions and/or Contributions to the extent permissible by applicable law.
c) Warranty that Submissions and/or Contributions are either original or you possess the necessary rights and licenses to submit them, and you hold full authority to grant us the specified rights.
d) Assurance that Submissions and/or Contributions do not constitute confidential information.
Your Liability: You bear sole responsibility for your Submissions and/or Contributions and expressly agree to indemnify us for any and all losses incurred due to your breach of this section.
Content Removal or Editing: While we are not obligated to monitor Contributions, we retain the right to remove or edit any Contributions without notice if, in our reasonable opinion, such Contributions are deemed harmful or in violation of these Legal Terms. In the event of removal or editing, we may also suspend or disable your account and report the incident to the relevant authorities.

7. Privacy Policy

Please review our Privacy Policy to understand how we collect, use, and disclose information about you.

8. Termination

Black Art and Philosophy LLC reserves the right to terminate or suspend your account and access to the Site at its sole discretion, without notice, for any reason, including but not limited to a violation of these Terms.

9. Limitation of Liability

To the fullest extent permitted by law, Black Art and Philosophy LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use or inability to use the Site; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Site; or (d) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party.

10. Changes to Terms

Black Art and Philosophy LLC reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of – _____California_____________.

12. Dispute Resolution

Any disputes arising out of or related to these Terms or your use of the Site shall be resolved through arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

13. Contact Information

If you have any questions about these Terms, please contact us at _info@BlackArtAndPhilosophy.com
Last updated: __March 1, 2024

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