Conditions of Use
This website and its product and service offerings are intended for persons who are 18 years of age or older.
The following Conditions of Use are made available to assist you in understanding the conditions under which you may use this website. We recommend you take your time to read it carefully. Know that by using this website or purchasing/using our products or services you are agreeing to these Conditions of Use (including our Privacy Notice and our Shipping & Returns Policies), that define the Service Agreement under which you purchase and utilize the products and services from the blackcatcurios.com website, or access the website itself. Should you have any questions about our Conditions of Use or any of the other parts of our Service Agreement, feel free to Contact Us. The following outlines our Conditions of Use:
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- Effective Date
- Electronic Communications
- Copyright Protection
- Site License & Access
- Customer Accounts & Access Control
- Disclaimers of Warranty ; Limitations of Liability
- Confidentiality of Electronic Transmissions
- Content Release
- Special Provisions Applicable to Users Outside of the United States
- General Legal Considerations
- Questions, Comments & Information Updates
1. Effective Date
These Conditions of Use are effective immediately.
We reserve the right to amend or modify any part of this website, including offerings, features, formats, pricing, and content, at any time and without prior notification.
We reserve the right to amend these Conditions of Use at any time and without prior notification. Any amendment will be effective immediately upon posting said amendment to this Conditions of Use page (or to the Privacy Notice and our Shipping & Returns Policies pages, as applicable), thus amending the Service Agreement as a whole. Your continued use of this website, our blog, or purchase/use of our products or services following any such amendments constitutes your consent and acceptance of the amended Conditions of Use. You are responsible for regularly reviewing the Service Agreement.
You may object at any time to the content of our Conditions of Use; we are open to our customer's concerns and will gladly discuss the issue with you.
4. Electronic Communications
When you use the Black Cat Curios website, or send us emails, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. Expect that, for the most part, we will communicate with you by email or by posting notices on our website. You agree that all Service Agreements, amendments, notices, policies, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
5. Copyright Protection
The following copyright information applies to the Black Cat Curios website and branding materials.
All content included in, or made available through, the Black Cat Curios website such as text, graphics, logos, images, and digital downloads are the property of Black Cat Curios or its content suppliers and is protected by United States and international copyright laws. All content compiled herein is the exclusive property of Black Cat Curios and is protected by U.S. and international copyright laws.
We respond to notices of alleged copyright infringement according to the process set forth in the U.S. Digital Millennium Copyright Act. If you feel that somebody is violating your copyrights and want to notify us, please do so by utilizing our Contact Us form to get in touch.
The following trademark information applies to the Black Cat Curios trade name and trademarks, as well as the content of this site.
In addition, any graphics, logos, scripts, and service names made available herein are the trademarks or trade dress of Black Cat Curios brand, in the U.S. and other countries. Black Cat Curios brand trademarks and trade dress may not be used in connection with any product or service that is not the Black Cat Curios, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Black Cat Curios. All other trademarks not owned by Black Cat Curios that appear on the Black Cat Curios website or are in newsletters or advertisments are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
7. Site License & Access
You may not misuse the Black Cat Curios website. Subject to your compliance with these Conditions of Use and all other parts of the Service Agreement, Black Cat Curios and its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use and make non-commercial, non-public personal use of the Black Cat Curios website. This license does not include and strictly forbids the following:
- Any resale or commercial or public use of any part of the Black Cat Curios website or its content;
- Any collection and use of any product listings, descriptions, or prices;
- Any derivative use of any part of the Black Cat Curios website or its contents;
- Any downloading or copying of account information for the benefit of another company;
- Any use of robots ("bots"), rovers, spiders, scrapers, offline readers or similar data mining and extraction tools or the use of other manual/automatic processes to monitor, cache, frame, mask, extract data from, copy or distribute the contents of the Black Cat Curios website (except as may be a result of standard search engine or internet browser usage).
In addition to the above:
- No part of the Black Cat Curios website, or its content, may be reproduced, duplicated, reverse-engineered, decompiled, disassembled, copied, cached, sold, modified, archived, bartered, exchanged, leased, rented, used as collateral, used to create derivative works from, published (via electronic or hard copy), displayed, broadcast, transmitted or otherwise used in any way for any commercial or public purpose without express written consent of Black Cat Curios.
- No part of the Black Cat Curios website, its content, or the site itself may be circulated, distributed, "mirrored" or otherwise transferred to any third party or third party website, network, server, system or device.
- You may not remove any copyright or other proprietary notations from site content, including utilizing framing or photo editing techniques to enclose or edit any logo, trademark, or other proprietary information (including images, text, page layout, or form) of the Black Cat Curios website without express written consent.
- You may not utilize code, scripts, viruses, Trojan horses, or other techniques that defeat or exploit our site's security, interferes with its operation (in an active or passive way) or in any way affects any user's experience of this site, or that interferes with the operation (in an active or passive way) of any other site, network, server, system, software or device.
- You may not use any meta tags or any other text (visible or "hidden") utilizing the Black Cat Curios trade name without our express written consent.
- You may not link to this website or our blog without our express written consent.
- The Black Cat Curios website are not to be used in such a way that creates a distraction or prevents you from obeying traffic or safety laws.
- In all instances, the Black Cat Curios website are to be utilized only as permitted by law, as stipulated by your accessing location.
All rights not expressly granted to you in these Conditions of Use or any part of our Service Agreement are reserved and retained by Black Cat Curios or its licensors, suppliers, or other content providers. The licenses granted by Black Cat Curios terminate if you do not comply with these Conditions of Use or any part of the Service Agreement. Upon the termination of the granted license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
8. Customer Accounts & Access Control
We ask that you please keep your customer and commenter account usernames and passwords secure, not share your account information with others, and only assign to your customer or commenter accounts passwords that have not been used on another site/for another account. Also, please remember to sign out of your Black Cat Curios customer or commenter account and close your browser window when you have finished placing your order, posting a comment, or reviewing your account. This is to help ensure that others cannot use your personal information or view your personal correspondence in the event that others have access to your computer.
Ultimately, you are responsible for maintaining the confidentiality of your usernames and passwords and for restricting access to your computer. By using our websites and/or creating accounts with us you agree to accept responsibility for all activities that originate from your computer that effect our sites or effect other users of our sites, as well as agree to accept responsibility for all activities that occur under/while utilizing your customer or commenter accounts.
This website or our blog may contain hyperlinks to websites from other providers. Black Cat Curios is not aware of the content of third party websites and assumes no warranty or liability for any content on third party websites. Use of any such linked website is done at your own risk.
10. Disclaimers of Warranty ; Limitations of Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLACK CAT CURIOS AND ITS ASSOCIATED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL CONTENT, INFORMATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ACCESS TO THIS SITE MAY BE INTERRUPTED AND INFORMATION, PRODUCTS, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE AND MAY CONTAIN OMISSIONS AND TECHNICAL, TYPOGRAPHICAL OR PHOTOGRAPHIC ERRORS. NONE OF BLACK CAT CURIOS, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED HEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES AND MATERIALS PROVIDED ON THIS SITE. BLACK CAT CURIOS MAKES NO COMMITMENT TO UPDATE THE CONTENT, INFORMATION, OR MATERIALS OFFERED ON THIS WEBSITE.
NO ADVICE, INSTRUCTIONS, OR OTHER INFORMATION GIVEN BY BLACK CAT CURIOS, ITS OWNERS, VOLUNTEERS, AFFILIATES, OR OTHER ASSOCIATED PARTIES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE OR IMPLY ANY WARRANTY OR LIABILITY.
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL BLACK CAT CURIOS AND ITS ASSOCIATED PARTIES BE LIABLE TO YOU OR ANYONE ELSE, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THIS WEBSITE; (B) ITS CONTENT AND MATERIALS; (C) ANY APPLICATIONS OR DOWNLOADS ASSOCIATED WITH THIS WEBSITE; (D) YOUR USE OF OR INABILITY TO USE, THIS WEBSITE; (E)THE PERFORMANCE OR A LACK THEREOF, OF THIS WEBSITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BLACK CAT CURIOS AND ITS ASSOCIATED PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THIS WEBSITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THIS WEBSITE'S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY ENTITIES' COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, TROJAN HORSE, EXPLOIT, PROGRAMMING ISSUE, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CABLING OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF TIME, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, DATA INACCURACY, DEVICE FAILURE OR MALFUNCTION, OR OTHER INTANGIBLE LOSSES, EVEN IF FORESEEABLE OR EVEN IF BLACK CAT CURIOS AND ITS ASSOCIATED PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT, EXPLOITATION, COMPROMISE OR DESTRUCTION OF THIS WEBSITE). IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL BLACK CAT CURIOS AND ITS ASSOCIATED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF BLACK CAT CURIOS AND ITS ASSOCIATED PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY BLACK CAT CURIOS, ITS OWNERS, AND ITS ASSOCIATED PARTIES, OR OTHER EQUITABLE RELIEF, AND, WITHOUT LIMITATION, YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS LICENSED TO OR OWNED OR CONTROLLED BY BLACK CAT CURIOS, ITS OWNERS AND ITS ASSOCIATED PARTIES.
PLEASE NOTE THAT CERTAIN STATES AND/OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS. IN NO EVENT WILL BLACK CAT CURIOS, ITS OWNERS OR ITS ASSOCIATED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TWENTY UNITED STATES DOLLARS ($20.00).
BY USING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THOSE RIGHTS.
BY ACCESSING OR USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THIS WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS SERVICE AGREEMENT AND THIS WEBSITE OR OUR BLOG WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
11. Confidentiality of Electronic Transmissions
Any information sent to Black Cat Curios through this website or via other electronic means, shall NOT be considered confidential. We have no way of controlling or ensuring the protection of said information; therefore, we will not guarantee the confidentiality of such transmissions because it is beyond our ability to do so.
12. Content Release
If you post content or submit material to Black Cat Curios, you grant Black Cat Curios a non-exclusive, royalty-free, irrevocable, perpetual, worldwide, and fully sublicensable right to use, reproduce, disclose, exhibit, display, adapt, publish, perform, modify, transmit, transform, translate, create derivative works from, and distribute to others without limitation and in any media or format, said content and materials. You grant Black Cat Curios and any sublicensees the right to use the name that you submit in connection with such content, if they so choose. Black Cat Curios takes no responsibility and assumes no liability for any content submitted by you or any third party. Please know that this content release does not apply to any of your personal information as previously stated in the Privacy Notice.
You agree to indemnify, defend, hold harmless and blameless Black Cat Curios and its owners, affiliates, vendors, suppliers, other associated parties and their respective employees, officers, directors, agents, volunteers, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to or resulting from, (i) your violation of these Conditions of Use, and the Service Agreement as a whole, or (ii) your purchase and/or use of any of our products or services or the use of this website. This indemnification is given on behalf of yourself and your next of kin, heirs, representatives or other interested parties.
In the event of a dispute, each party hereby consents to the personal jurisdiction of the State of Arizona, acknowledges that venue is proper in any state or Federal court in the State of Arizona, agrees that any action related to this Service Agreement must be brought in a State or Federal Court in the State of Arizona, agrees that any action in any form arising out of the subject matter of this Service Agreement, whether in contract, tort or otherwise, must be brought within one year after the cause of action arose or was discovered by the party instituting the action, whichever occurs last, and waives any objection that may exist, now or in the future, with respect to any of the foregoing. Any claim related to this website, products, or services shall be governed by the internal substantive laws of the State of Arizona, without giving effect to any principles of conflicts of laws. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
15. Special Provisions Applicable to Users Outside of the United States
This site is controlled and operated by Black Cat Curios from its offices within the United States of America. Black Cat Curios makes no representation that materials on this website are appropriate or available for use in other locations, and use of them from territories where their contents are illegal is prohibited. If you choose to use this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
16. General Legal Considerations
These terms describe and control the relationship between Black Cat Curios and you. If any part of this Service Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Service Agreement shall continue in full effect. This Service Agreement constitutes the entire Service Agreement between you and Black Cat Curios with respect to your use of the Black Cat Curios website, and its content, products, and services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Black Cat Curios with respect to this website generally. A printed version of this Service Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Service Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All Rights Reserved.
17. Questions, Comments & Information Updates
If you have any questions or comments, please use our Contact Us form to get in touch. Any questions of a legal nature can be addressed from the same form, simply select "Legal." If you want us to update, delete, or change any personal information you have submitted to us, please contact us by phone or postal mail at:
Black Cat Curios, P.O. Box 377, Avondale, AZ, 85323
Phone from US: 623-853-9060
Phone from outside US: 1 + 623-853-9060
This page was last updated December 10th, 2018.