The copyrights to all original materials, content, selection, and arrangement of the Website (including text, user, and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Blackart.io, its parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other Website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Website or make any derivative works from this Website in any way without the express prior written consent of Blackart.io.
Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this Website is owned or licensed by Blackart.io or its parents, affiliates, or subsidiaries and may not be used by You without the prior written consent of Blackart.io or the appropriate owner. Your use of this Website does not grant You any right, title, interest or license to any such intellectual property appearing on this Website. Any unauthorized use of the content of this Website may subject You to civil or criminal penalties.
Blackart.io maintains this Website for Your personal purchases, entertainment, information and education. You should feel free to browse the Website. However, all copying (whether electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Website is prohibited except under Blackart.io's express written consent. All rights not expressly granted here are reserved to Blackart.io.
You may not use any computer program tools, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar equivalent process ("Tools") to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Website. Tools that use the Website shall be considered agents of the individuals who control or author them.
Blackart.io DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.
Blackart.io assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms on contamination or destructive features that may affect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing in the Website or Your downloading of any materials, text, images, video or audio from the Website or any linked Websites.
In no event shall Blackart.io, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability what so ever, arising out of or in connection with the use or performance of, or Your browsing in, or Your links to other Websites from, this Website. You acknowledge by Your use of this Website, that Your use of this Website is at Your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if these apply to You, some or all of the above disclaimers may not apply, and You might have additional rights.
You agree to defend, indemnify and hold Blackart.io harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Website.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Blackart.io will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that You have had with this Website, disclosing Your identity or helping to identify You, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.
Any communication or material You transmit to the Website by email or otherwise, including data, questions, comments, or suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Blackart.io cannot prevent the harvesting of information such as your first and last name or your artist name or any other information you disclose on this Website, and You may be contacted by Blackart.io or unrelated parties, by email or otherwise, within or outside of this Website. Anything You transmit may be edited by or on behalf of Blackart.io, may or may not be posted to this Website at the sole discretion of Blackart.io and may be used by Blackart.io or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Blackart.io is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Website for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products use of such information. If You transmit any ideas, concepts, materials or other communications to the Website, You accept that it will not be treated as confidential and may be used by Blackart.io without compensation in any manner whatsoever, including without limitation to reproduction, transmission, publication, marketing, product development, etc.
Although Blackart.io may from time to time monitor or review discussion, chats, postings, transmissions, and bulletin boards, and the like on the Website, Blackart.io is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations, on the Website. Blackart.io assumes no responsibility or liability for any actions or communications by You or any related third party within or outside of this Website.
At its sole discretion, Blackart.io may modify or discontinue the Website, or may modify or terminate Your account or Your access to this Website, for any reason, with or without notice to You and without liability to You or any third party.
Descriptions of, or references to, products, publications or Websites not owned by Blackart.io or its affiliates do not imply endorsement of that product, publication, or Website. Blackart.io has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other Websites is at Your own risk.
After opening an account with Blackart.io, a seller is able to create a public profile page and upload information and content to the page include, but not limited to, the seller's name, contact information, biography, headshot, images, hometown, and more. All of this information is fully disclosed on the Blackart.io website. Any site visitor that visits Blackart.io and navigates to the seller's profile page will be able to view all of the public profile information that has been entered by the seller.
Blackart.io member accounts, including both buyers and sellers, are secured by member-created passwords. Blackart.io takes precautions to ensure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information.
The Buyer creating an account on the platform Blackart.io must provide complete and updated details, as well as a valid email address. He/she will undertake the consequences of any mistake or omission in the insertion of his/her details. He/she is aware that the accuracy of these details makes mainly possible an efficient delivery of the photographic prints bought to the Photographers through the platform.
The Buyer will create one single account and commits to not creating any alias or derivated account, using his/her identity or the one of third parties. Any breach of this commitment could trigger the suspension or the deletion of the account in question. He/she will not give his/her username and password to a third party and will be liable for any connection or order made by a third party to whom he/she would have given his/her login information, knowingly or negligently.
Blackart.io reserves the right, in the context of fight against fraud and in order to ensure the security of the transactions made through its platform, to verify the identity and the legal capacity (mainly the civil majority) of the Buyer at the time of his/her registration or of an order.
The price indicated for each photograph in the description form of the photograph does not include the shipping fees. If applicable, the shipping fees are added to the price of the photograph before final validation by the Buyer.
After confirming the content of his/her order and accepting these general conditions of use, and the obligation of payment of the order, the Buyer will definitively validate his/her order by its actual payment. The order will be valid and taken into account only after the full payment of the price of the photograph and the shipping fees.
The Buyers can pay by credit card.
The Buyer is aware that the artworks sold through the platform Blackart.io are subject to copyright. According to article L111-3 of the French Intellectual Property Code, the ownership of the mounted artwork (the print bought via Blackart.io) does not give any copyright on the artwork. Henceforth, the Buyer is informed and aware that he/she is not authorized to reproduce, modify, commercialize or exploit the artwork in any way.
Any breach of these rules would constitute counterfeit that may lead to prosecution by the Photographers.
The Buyer is also aware that the photographic prints must be displayed and handled with care. Attention is drawn to the following precautions :
The timeframes announced for the production and the delivery are given in working days and for information purposes only. They can slightly vary depending on circumstances outside the control of Blackart.io (disruptions or strikes within the transport or logistics providers, technical difficulties).
The Buyer chooses among the shipping options available for each photograph.
The Buyer who wishes to inform Blackart.io about a difficulty occurred when receiving the artwork, or about the non-reception, will send an email to the address email@example.com.
The Buyer will make the usual reservations to the carrier if the parcel is delivered damaged or open. He/she will proceed with the opening of the parcel in front of the deliverer or carrier, and will inform Blackart.io within 48h of the difficulties observed, providing if possible pictures of the parcel as it was delivered or the artwork as it is inside the packaging.
The difficulty will then be undertaken by Blackart.io who will tell the Buyer, after contacting the printer, how to proceed to return the artwork.
The returning fees will be paid by Blackart.io who commits to making sure the initial order is honored as soon as possible.
The return of an order can be accepted only if the written procedure is achieved by the Buyer. The Buyer will make sure to wrap the artwork in its original packaging, and to give the required care to the shipping. The artwork will be returned to the address given by Blackart.io.
Non-compliance of the order
If the print delivered did not match with the order (wrong image, size or mounting), the Buyer will inform Blackart.io within the same timeframe (48h), giving the proof of the difficulty. Blackart.io will indicate to him/her the return procedures, except if both parties agree on a compensation.
Regarding distance selling, and in accordance with the provisions of the Consumer Code (Art. L120-20) the Buyer has a right of withdrawal.
This right can be executed only within 14 days after the actual reception of the parcel, as per the postmark or the dispatch note of the carrier.
The Buyer will notify Blackart.io of his/her will to execute his/her right of withdrawal through the platform, before returning the artwork. Any shipping without prior formal communication between Blackart.io and the Buyer will be denied.
Blackart.io will give the Buyer the packaging and shipping procedures (exclusively in the original packaging) of the artwork. In that case, and subject to the reception of the artwork by Blackart.io in perfect condition, the Buyer will be reimbursed of the purchase price and the initial shipping fees. He/she will pay however for the shipping fees of the return shipment directly linked to the execution of his/her right of withdrawal.
The reimbursement of the Buyer will be made within 14 days after reception of the artwork, and checking of its perfect condition.
The acceptance by the Buyer of these general conditions of use creates between the parties a law relationship for an indefinite period. Blackart.io and the Buyer have the right to terminate at any time the contract that bounds them.
In case of a termination on the initiative of Blackart.io, the Buyer will be informed of the reasons that led to this decision. On his/her side, the Buyer will terminate at any time and without having to justify his/her decision. Any pending order at the time of the termination by the Buyer must be honored, and will suspend the effects of termination until reception of the artwork and the end of the right of withdrawal.
You must open an account to sell print-on-demand products or license your images through the Website.
After opening an account on Blackart.io, You may create a public profile page which includes your name, biography, contact information, images, and other information and content that you choose to upload and/or publicly disclose. All of this information is fully disclosed on the Website. Any member of the public who visits the Website will be able to view all of the profile information that You have entered.
You may close Your account at any time by logging in and clicking on the icon that says "Close Account" . After clicking that link, Blackart.io will immediately close Your account and remove Your profile page and uploaded images from the Website
Blackart.io may cancel a Seller account at any time for any reason. Even after Your account is terminated, Your obligations under this Seller Agreement will remain in effect.
By submitting images to Blackart.io, You grant to Blackart.io a worldwide, non-exclusive right to sell, license, sublicense, reproduce, prepare derivative works incorporating, publicly display, market, sublicense and sell any images uploaded by You and accepted by Blackart.io in exchange for specified compensation as agreed upon by You and Blackart.io, until such time as this Seller Agreement is terminated pursuant to its terms. You further grant to Blackart.io a worldwide, non-exclusive right to use the images You submit and Your name, username and Images in connection with Blackart.io's marketing and promotional activities without the payment of any compensation to You.
Blackart.io has the right to refuse to accept or to remove Images from the Website for any reason. Images will be removed if Blackart.io believes that the Images will subject Blackart.io or any of its officers, managers, directors or employees to legal liability or if the Images violate these terms and conditions of use.
For any images that you choose to license via one of our Royalty-Free or Rights-Managed Licenses, Blackart.io shall have the right, but not the obligation, to license Your Images to its customers for use in accordance with Blackart.io's Royalty-Free License and Rights-Managed License programs. Terms and conditions that govern the customer's use and restrictions on use of the Images You license can be found here. You have the obligation to read and familiarize yourself with the terms of the licenses. These license terms are deemed incorporated into and made a part of these terms and conditions of use by this reference. Licenses issued by Blackart.io for any Image that is later removed from the Website will remain in full force and effect
The copyrights in and to all Images You submit remain with You as the owner of such copyrights. Nothing contained herein shall be construed to transfer any copyrights to Blackart.io or its sublicenses.
For all of the products and image licenses available on Blackart.io, You have the ability to set your own prices and specify exactly how much You want to earn for each product sale.
When a sale is made, Blackart.io shall credit Your Blackart.io account with the price that you had set for the purchased product / license at the time the buyer added the product / license to his shopping cart on Blackart.io
You may change the prices for any product or license, at any time, by logging in to Your account and making the change.
If Your account is terminated for a breach of the material terms of the Seller Agreement, in addition to its other rights at law or in equity, Blackart.io shall have the right to retain any royalties and/or other compensation otherwise payable to You hereunder as liquidated damages.
If You are credited compensation in connection with a sale and Blackart.io thereafter issues a refund to the buyer for that sale, Blackart.io shall have the right to deduct payments credited to Your account. If Blackart.io makes an overpayment of compensation to You for any reason Blackart.io shall have the right to deduct the amount of such overpayment from Your account or to demand the immediate repayment of such overpaid compensation.
Blackart.io reserves the right to cancel any order placed on the Website at any time for any reason. When an order is canceled, the buyer will receive a full refund, and the Seller will not be entitled to any compensation from the sale.
Payments are sent to you on the 15th of each month for all of Your sales that were received by Blackart.io on or before the 15th of the previous month which were not subsequently canceled or returned within 30 days after the sale date.
All payments are sent via Paypal. If You do not have a Paypal account, You can not receive payments from Blackart.io.
There is no minimum balance required to receive a payment. If Your payment due is greater than $0, the payment will be sent.
You grant Blackart.io the right to dispose of Your returned products in any manner we see fit.
While Blackart.io takes commercially reasonable steps to ensure that the rights of its Sellers are not violated, Blackart.io has no obligation to pursue legal action against any alleged infringer of any of Your rights in and to any Images. You hereby grant Blackart.io the right and authority to take such steps as Blackart.io deems commercially reasonable to protect Blackart.io's rights in the Images. Blackart.io recommends that You register all of Your Images for copyright protection, as such registration is generally a prerequisite to commencing an action for copyright infringement.
You represent and warrant that:
(A) You have the full right, power and authority to enter into this Seller Agreement and to fully perform all of Your obligations hereunder;
(B) You are under no legal disability or contractual restriction that prevents You from entering into this Seller Agreement;
(C) The Images and all parts thereof are owned and/or controlled by You, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;
(D) If the Images contain any human likeness from which an individual may be identified, You own or have acquired all rights to use such human likenesses;
(E) If the Images contain third-party trademarks including design marks, the inclusion of the trademarks is pursuant to license or written consent or qualifies as a lawful use under french intellectual property laws;
(F) The Images are neither obscene nor defamatory and do not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;
(G) There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Images or which might in any way impair the rights granted by You hereunder.
You are solely responsible for the Content that You upload or post to the Website or any material or information that you transmit to other Sellers.
By posting any Content to the public areas of the Website, You hereby grant to Blackart.io the non-exclusive, fully paid, worldwide license to use, publicly perform, and display such Content on the Website for purposes of sale and license. You also grant Blackart.io the right to use and display your Content in online advertisements, online videos, online newsletters, printed marketing materials, and TV commercials for the purpose of promoting Blackart.io.
You represent and warrant that: (i) You own the Content posted by you on the Website or otherwise have the right to transfer rights in the Content, and (ii) Your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.
You understand and agree that Blackart.io may review and delete any Content, message, image, or profile that in the sole judgment of Blackart.io violates this Seller Agreement or which may be offensive, illegal, or violate the rights, harm, or threaten the safety of any Seller or any third-party.
Blackart.io reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the account of such violators. Prohibited Content includes Content that: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of junk mail , chain letters, or unsolicited mass mailing or spamming ; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) provides material that is sexual in nature; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) is irrelevant to the print-on-demand business, image licensing business, or the stated purpose of this Website.
You agree to use the Website in a manner consistent with any and all applicable laws and regulations.
Blackart.io requires all users to comply with copyright and other intellectual property laws. You may not publish or make available any user material that constitutes an infringement of third party intellectual property rights, including rights granted by french copyright law. You represent and warrant that you have all rights necessary to publish and distribute any user material that you make available through Blackart.io.
If you are found to have violated copyright law in any way, Blackart.io reserves the right to terminate your access to the site. Repeat Infringers of copyright law will be banned from Blackart.io as required by copyright law 17 U.S.C. 512(i)(1)(A).
You agree to indemnify and hold Blackart.io harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the Seller Agreement. You will only be liable for any incidental, consequential, or special damages in the case of third party claims.
IN NO EVENT SHALL Blackart.io BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF Blackart.io HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Blackart.io'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Blackart.io.
Blackart.io reserves the right to charge Sellers fees for membership on the Website.
A notification of any fee change will be e-mailed to all affected Sellers at least 30 days in advance of the change. Any Seller that wishes to cancel his/her account may do so at any time by logging in to his / her account and clicking on the icon that says "Close Account". Upon cancelation, Sellers will not be entitled to a refund of any previously charged membership fees (unless the cancelation occurs within 30 days of the Seller's sign-up date).
Blackart.io owns and retains all proprietary rights in the original elements of the Website, including its selection and arrangement of Content. The Website contains copyrighted material, trademarks, and other proprietary information of Blackart.io and its licensors. Except for that information which is in the public domain or for which You have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
The relationship of Blackart.io and the Seller is that of independent contractors.
The Seller Agreement contains the entire understanding of the parties with respect to the subject matter covered herein and supersedes any prior agreements with respect to such subject matter.
The validity, interpretation and enforcement of the Seller Agreement, matters arising out of or related to the Seller Agreement or its making, performance or breach, and related matters shall be governed by the internal laws of the State of Illinois (without reference to choice of law doctrine).
BY SUBMITTING ANY IMAGES TO Blackart.io YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF Blackart.io PRIVACY STATEMENT (WHICH BY THIS REFERENCE IS DEEMED INCORPORATED HEREIN), WITH THE SAME FORCE AND EFFECT AS IF YOU SIGNED SUCH DOCUMENTS BY HAND.