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WEBSITE TERMS & CONDITIONS

BLACKPAIR.COM 

This website is operated by BLACKPAIR, Inc., The website https://blackpair.com and all subdomains collectively ( the “Site”) are made available to you free of charge. Throughout the site, the terms “we”, “us” and “our” refer to BLACKPAIR, Inc., its affiliates and subsidiaries. The terms “you”, “your”, and “yours” refer to anyone or technology accessing, browsing, viewing, visiting or using this Site. BLACKPAIR, Inc., offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

COPYRIGHT

The Site contains materials including but not limited to data, information, software, photographs, videos, typefaces, graphs, sounds, graphics, 3D images, product titles, product descriptions, prices, articles, posts, logo, slogans, and more (referred to as “Content”). All Content are valid and protected in all forms whether existing now or hereinafter developed under the U.S. copyright laws. We own the database and or copyright in the selecting, arranging, coordinating and presenting of all Content. You shall not exploit any of the Content in any way whether in whole or in part. You may not change, edit, delete, transfer, participate in transferring for monetary compensation or otherwise the Content or derivative works or adaptations. Except as permitted by the fair use privilege under the U.S. copyright laws example 17 U.S.C Section 107, or under European copyright laws or under any other similar copyright law, you may not use in any way including but not limited to post, reproduce, upload, or distribute Content protected by copyright or other proprietary right without first obtaining express permission of the owner.

Nothing contained on the Site grants in any way the right to use the Site or its Content through frames, deep links, extractions, adaptations, any other way without express permission from us or any third party that owns the copyright of Content displayed on the Site.

You may not modify the Site or download (except for caching), gather, extract, use site scraping, use robots, or data mining or similar tools on/from the Site or its Content for any purpose. You may not use frames to enclose, or use tags, meta tags, or any other non-visible text that include our name or trademarks, forms or pages or Content without our express consent.

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (this DOES NOT include credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

YOUR ACCOUNT

You are responsible for maintaining the confidential nature of the information and password you submit within the “My Account” sections of the Site and for restricting access to devices from which you use the “My Account” sections of the Site. By using the “My Account” section, you accept responsibility for all activities occurring under your “My Account” and/or password. We reserve the right to refuse service, remove your account and/or edit the content submitted in the “My Account” section.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, sale price, suspension or discontinuance of the Service. 

 

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns & Exchange Policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color, material or texture will be accurate. You agree that differences may exist between the actual product and its representation on the Site. This differences do not provide grounds for refund or exchange according to our Returns & Exchange Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors except through our wholesale program.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns & Exchange Policy.

 

USAGE BY MINORS

This Site is not intended for use by any persons considered a minor. Depending on where you live but usually under age 18. We are unable to prohibit minors from viewing, browsing or using this Site and as such we rely on those responsible for supervising minors including but not limited to parents or guardians to decide what is appropriate for minors to view and/or purchase. By creating an account on this Site, purchasing our service or product, or providing any personal information, you are indicating and representing that you are legally permitted to enter into a binding contract or that if you are under the legal age of consent, you have the express permission from your parent, guardian or anyone responsible for supervising you and that you have provided information to us that is accurate and is not misleading or deceptive.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium such comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order or you have received order confirmation).

In the event that a lower price than the correct price is shown on the Site prior to placing your order, we are not obligated to provide the product to you at the incorrect lower price even after you have received your order confirmation. We will either notify you of this for your instructions before sending the product or cancel your order and notify you of such cancellation.

In the event that a higher price than the correct price is shown on the Site prior to placing your order, we will charge you the correct price when dispatching your item. If we do not catch this error for any reason, you may notify us upon discovery. Please note that this only applies to errors and does not include or apply price changes due to sales or discounts.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

If after your have placed an order and on rare occasion, receive both order confirmation and shipping confirmation and we are unable to process your order due to unavailability of materials or otherwise, you agree that we may cancel your order without penalty.

 

ORDERING FROM OUR SITE

Once you have placed an order on the site either through direct purchase or through the 3D shoe designer, you will receive an “Order Confirmation” this indicates that we have received your order. You order indicates you have offered to buy a product from us and must be accepted by us to be considered a contract. The Order Confirmation does not indicate that we have accepted your order. You will receive a notification that your order has begun production and this communicates our acceptance of your order. We reserve the right to cancel an order even after it has entered production (due to unavailable materials) without penalty. You may only cancel an order before it begins production usually within 6 hours. Once an order has entered production, you are unable to cancel it. You may request changes after the pre-production window has passed however, we are unable to guarantee that your request will be accepted by our factories. We will notify you if this is the case. Once your order has been produced, it will be shipped. You agree that we will charge your credit or debit card upon receipt of your order and not on the date of shipping. We reserve the right to limit or refuse free return shipping on excessive returns. Please review our Returns & Exchange Policy.

 

RISK OF LOSS

You agree that upon transfer of your purchased items to the carrier for shipment to you, the risk of loss and title for all items pass to you. For example, you are responsible for providing the correct shipping address information as well as responsible for signing for your delivery. If items are returned for lack of signature, you will be responsible for cost of reshipping the items. If you do not receive an order due to providing an incorrect address, the order is non-refundable. If you have provided the correct address and do not receive your order please Contact us for assistance. 

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) 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, other websites, or the Internet. We reserve the right to prohibit or terminate your use of or access to the Service or the Site or any related website for violating any of the prohibited uses without notice and at our sole discretion.

Upon notification of offensive or otherwise illegal content, we may but are not obligated to remove or request the removal of such prohibited Content from the Site. We may disclose any Content or communication of any kind a) to satisfy any law, regulation or government request b) if disclosure is necessary or appropriate to the operation of the Site and/or c) to protect the rights or property of BLACKPAIR, Inc, its associates, affiliates, subsidiaries, users, customers and/or you.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service or the use of the Site will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service or the Site will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall BLACKPAIR, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless BLACKPAIR Inc., subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the Terms of Service shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW AND DISPUTES

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 the State of California, United States.

If this Site is accessed by you from any location, any dispute arising from or related to your use or access of the Site, its Content, policies including our advertisements or solicitations or products your purchase through this Site shall be submitted to arbitrations in an applicable court within the State of California, USA. Except to the extent that you violate or threaten to violate the intellectual property rights of BLACKPAIR Inc., BLACKPAIR Inc., may seek appropriate relief in any Federal Court or a Federal Court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Terms & Conditions agreement shall be conducted under the then current and prevailing rules of the American Arbitration Association. Any awards from arbitration shall be binding and may be entered as judgement in any court of competent jurisdiction. As permitted by applicable law and to its fullest extent, no arbitration under the Terms and Conditions agreement shall be joined to any other arbitration involving another party subject to the agreement whether it be through class arbitration proceedings or otherwise.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us using our CONTACT FORM