Terms of Service
Please read the following Terms of Service carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Black River Imaging, LLC (also referred to as simply "Black River Imaging"). Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Black River Imaging or purchasing Black River Imaging products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Black River Imaging or to purchase Black River Imaging products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Black River Imaging. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Black River Imaging used in the site are trademarks or registered trademarks of Black River Imaging, LLC.
Intellectual Property Infringement
Black River Imaging, LLC respects the intellectual property of others, and we ask the same from our users. Thus, in your use of and interactions with Black River Imaging and our website, you may not upload any image or artwork that contains copyrighted material belonging to others, or any material that infringes upon intellectual property rights of others, without obtaining their prior written consent. Black River Imaging reserves the right, in its discretion, to reject any uploaded image or artwork if we believe it may infringe upon any right of a third party, and/or to terminate the account of any user we reasonably believe may be infringing upon our or any third party’s rights.
If you believe that any Black River Imaging design infringes upon your copyright or other intellectual property right, then you may send to us a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the US Copyright Act to confirm these requirements with respect to copyright claims):>
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of any copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (including URLs to access the material).
- Information reasonably sufficient to permit us to contact you about your complaint, such as an address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law.
- A statement, sworn under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Intellectual Property Claims -- Black River Imaging, LLC
2525 N Partnership Blvd
Springfield, MO 65803
Please also note that, under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Black River Imaging disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Black River Imaging does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Black River Imaging does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liabilty
Black River Imaging, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Black River Imaging without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Each order is a custom work of art printed just for you. As such, we do not accept returns or exchanges. However we stand behind our craftsmanship, and are committed to making sure you are completely satisfied with your purchase.
We do our utmost to ensure that your prints are packaged carefully and arrive safely at their destination. If your items arrived damaged, please keep all packaging and contents and contact us with your order number for further instructions. If possible, please include a photo showing the problem on the product as well as the shipping packaging. We will do whatever we can to get a replacement out the door as soon as possible.
We take pride in the work we produce. If you are not satisfied with your order, please contact us with your order number and as much information about how we can improve your product as possible. Our Customer Service Team will be happy to work with you on a resolution.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
YOUR ORDER CANCELLATION RIGHTS
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy above to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
Black River Imaging, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Black River Imaging.
Your use of this site shall be governed in all respects by the laws of the state of Missouri, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Black River Imaging products) shall be in the state or federal courts located in Missouri. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Black River Imaging products) must be commenced within one (1) year after the claim or cause of action arises. Black River Imaging's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Black River Imaging may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Black River Imaging or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Black River Imaging, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Black River Imaging is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Black River Imaging reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Black River Imaging in its sole discretion.
You agree to indemnify, defend, and hold harmless Black River Imaging, LLC officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Black River Imaging may link to sites operated by third parties. However, even if the third party is affiliated with Black River Imaging, Black River Imaging has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Black River Imaging. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Black River Imaging seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Terms of Sale
Acceptance. The complete and exclusive statement of the terms and conditions of the agreement("Agreement") between the parties for the sale of products by Black River Imaging, LLC to its customer("Buyer") are contained in this document. Buyer agrees to these terms by placing an order. If Buyer has already placed an order and no longer wants to be bound to this Agreement then Buyer must either promptly cancel the order by calling 888-321-4665 M-F 8am-5pm CT US or promptly return the purchase in accordance with Black River Imaging's Return Policy. Any terms proposed by Buyer which are contrary to those set forth in this Agreement and any supplement to or modification of this Agreement by Buyer shall be ineffective unless accepted in writing by an officer of Black River Imaging. The sale of products pursuant to this Agreement shall be completed once Black River Imaging has tendered the Products at the shipping point to Buyer or to a carrier for delivery to Buyer.
Payment Terms. Unless otherwise agreed to by Black River Imaging, LLC, payment authorization must be received by Black River Imaging prior to our acceptance of an order. In instances where Black River Imaging has approved Buyer's credit application, or unless otherwise agreed to by the parties, Black River Imaging shall invoice Buyer upon shipment. Payment is due and payable in full within thirty (30) days from the date of the invoice, unless noted otherwise. All sales, excise and similar taxes (but not income taxes) which Black River Imaging may be required to pay or collect with respect to the products shall be charged by Black River Imaging to and for the account of Buyer.
Shipping Terms. Shipment shall be F.O.B. Black River Imaging's shipping location, the method of shipment selected by Buyer and carrier to be selected by Black River Imaging. Shipping charges may be incurred by Buyer depending upon the method selected or prior agreement. Title and all risks of loss or damage shall pass to Buyer upon delivery to a carrier. Delivery dates are approximate and are based upon prompt receipt of all necessary information from Buyer.
Limitation of Liability. As between Buyer and Black River Imaging, the parties mutually agree to indemnify one another and hold each other harmless from and against any losses, claims, damages or liabilities, to the extent caused by the negligence or other wrongdoing of the indemnifying party and related or arising in any manner out of any transaction, proposal, sale of products, or any other matter (collectively, the "Matters") contemplated by this Agreement. Notwithstanding anything to the contrary in this Agreement, Black River Imaging aggregate liability related or arising out of any Matters shall not exceed the aggregate amount of compensation collected by Black River Imaging with respect to such Matters.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
Force Majeure. Neither party shall be liable for damages for any delay in or failure of performance (except as to any payment obligations required under this Agreement) caused by events beyond the reasonable control of either party, including but not limited to acts of God, flood, war, strikes, labor disputes, fire, embargo, governmental action, change in laws or unavailability of materials, if such party gives prompt written notice to the other claiming an event of force majeure.
Choice of Law/Forum. This Agreement shall be interpreted according to the laws of the State of Missouri, except its conflict of laws. Any dispute resolution proceeding arising out of or relating to this Agreement shall be held in, or in a court with jurisdiction over, Springfield, Missouri. In the event a dispute arises between the parties, it is mutually agreed that each party shall pay its own costs and expenses incurred, including without limitation attorney's fees. No legal proceeding shall be brought by Buyer for any breach of this Agreement more than two (2) years from the occurrence of the event.
Black River Imaging LLC understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
1) Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
- "Account" means an account required to access and/or use certain areas and features of our Site.
- "Cookie" means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features of our Site.
2) Information about Black River Imaging LLC
- Our Site is owned and operated by Black River Imaging LLC
- Registered address: 2525 N Partnership Blvd, Springfield, MO USA
3) What Does This Policy Cover?
4) What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’ Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
5) What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
- A. The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact Us to find out more or to ask any questions using the details in Part 15.
- B. The right to access the personal data we hold about you. Part 13 will tell you how to do this.
- C. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
- D. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 15 to find out more.
- E. The right to restrict (i.e. prevent) the processing of your personal data.
- F. The right to object to us using your personal data for a particular purpose or purposes.
- G. The right to data portability. This means that, if you have provided personal data to us directly, We am using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
- H. Rights relating to automated decision-making and profiling. We do not use your personal data in this way. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.
6) What Personal Data Do You Collect?
We may collect some or all of the following personal data (this may vary according to your relationship with us):
- Email address;
- Telephone number;
- Business name;
- Payment information;
- IP address;
- Web browser type and version;
- Operating system;
- A list of URLs starting with a referring site, your activity on our site, and the site you exit to;
- Information about your preferences and interests;
7) How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:
- Providing and managing your Account.
- Providing and managing your access to our Site.
- Personalizing and tailoring your experience on our Site.
- Supplying our products and services to you. Your personal details are required in order for us to enter into a contract with you.
- Personalizing and tailoring our products and services for you.
- Communicating with you. This may include responding to emails, calls, and/or chat messages from you.
- Supplying you with information by email and post that you have opted-in to (you may unsubscribe or opt-out at any time by clicking the unsubscribe link at the bottom of our emails).
- Analyzing your use of our Site and gathering feedback to enable us to continually improve our Site and your user experience.
We may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone with information, news, and offers on our products and/or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
Third Parties whose content appears on our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.
8) How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):
We retain your account information until you tell us you want your account deleted, with the exception of information we are required to keep in order to comply with our legal obligations.
9) How and Where Do You Store or Transfer My Personal Data?
We store your personal data at our server rooms in Springfield, MO, USA and Kansas City, MO, USA. This is needed to process and ship your order and collect payment.
10) Do You Share My Personal Data?
Your personal data is shared in secure method with our third party payment processor in order to collect payment and as necessary to complete your order transactions.
Interest and demographics reports, as well as audience and transaction data is shared with Google Analytics and third party ad providers as needed for Black River Imaging LLC’s marketing purposes.
11) How Can I Control My Personal Data?
In addition to your rights under the GDPR, set out in Part 5, when you submit personal data via our Site, you may be given options to restrict our use of your personal data. In particular, We aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails).
12) Can I Withhold Information?
13) How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”. All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.
15) How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Controller):
- Email address: firstname.lastname@example.org
- Telephone number: 888-321-4665
- Address: 2525 N Partnership Blvd, Springfield, MO 65807 USA
16) Changes to this Privacy Notice
We will change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.