Welcome to Black Iris, operated by Black Iris, Inc. (together with its subsidiaries and affiliates, “Black Iris”, "we" or "us"), which provides apparel and related services at www.shopblackiris.com (the "Site") and/or social media sites, and any other services (collectively, the "Services"). The following terms and conditions (“Terms”) govern your use of the Services.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access or use the Services. Please read these Terms carefully, and keep a copy of them for your reference.
By agreeing to these Terms, you represent that you are over 18 years old. If you are between the ages of 16 and 18 years old, you may use the Services only if a parent or legal guardian who is at least 18 years old supervises you. You should not use this Site or the Services if you are under age 16.
We reserve the right, at our sole discretion, to update or revise these Terms. Please check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.
Your Use of the Services
Subject to your complete and ongoing compliance with these Terms, you are granted a non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. You represent and warrant to Black Iris that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and as set forth herein. You understand that your content (not including 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. You acknowledge that Black Iris is not responsible for third party access to your account that results from theft or misappropriation of your account. Black Iris its officers, directors, employees, agents, third parties and affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Restrictions on Your Use of the Services
We want to make access to our Services a good experience. You represent and warrant that you will not do any of the following:
- 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 Site and/or Services, without express written permission by us;
- conduct, promote, or use our Services for any illegal or unauthorized purpose or activities;
- Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;
- Attempt to gain access to secured portions of the Services to which you do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Run any form of auto-responder or “spam” on the Services;
- Use the Services to stalk, harass or harm another individual;
- Use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services;
- Interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Copy, imitate, mirror, reproduce, create derivative works, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any Marks and/or any other Intellectual Property, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or mirror or frame the Services or any of Our Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Visiting the Site, using the Services, or sending emails to Black Iris constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
After you have made your selections on our Services, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method.
We reserve the right 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 anytime without notice, at the sole discretion of us. 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 may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order 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 billing address/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, resellers or distributors.
Black Iris’s products are sold online only at limited quantities and availabilities. We display our products as accurately as possible on the Site and offer a written description of all products being sold. Please note, variations in style, color, size, shape, feel and look may occur based on the production and / or fabrics being offered. If you are not satisfied with your purchase, you may return your order in accordance with our Return Policy below.
The risk of loss and title for all products you order passes to you upon our or Boxzooka’s delivery (for international Orders) to the carrier (such as FedEx, UPS, or USPS).
You have 14 days from the date you receive your order to return or exchange your items. Orders shipping within the U.S may be returned using the pre-printed return label for $9.99. All returned items must be new and unused, with all Black Iris garment tags still attached, in their original packaging with a return slip. Returns with makeup stains will not be accepted. Any returns that do not meet our policy will be sent back to you. Once we process your return, you’ll receive an email confirmation from us. Your refund should show up on your statement within 14 days. To cancel your order before it has been processed, contact email@example.com and we will do our best to help cancel your order before it ships. However, please note that the majority of orders are processed and ship? immediately. For any questions concerning your returns please contact our customer service team at firstname.lastname@example.org for further assistance.
INTERNATIONAL SHIPPING TERMS & CONDITIONS
Black Iris partners with Boxzooka, a global landed cost e-commerce logistics provider, to offer international shipping.
Boxzooka provides all of our prices to be displayed in your local currency and displays your final total during checkout inclusive of duties and taxes. Boxzooka also provides you with the advantage of a fast and economical international shipping network.
When you place an international order with Black Iris, the shipping of your Order will be processed by Boxzooka and governed by its shipment terms. You may contact Black Iris for your customer service needs in connection with the Products.
How to Order
When beginning to shop, or checking out, select the “Shipping to” country drop-down menu, at the upper right corner of our site and/or on checkout, and choose your shipping destination.
When you check out, both your financial transaction and shipment will be processed by Boxzooka. You'll see a guaranteed order total, including all shipping costs and any applicable duties and taxes. For most countries, you will be directed to pay duties and taxes at time of checkout, or in some cases you can select the option to pay duties and taxes upon delivery.
If you don't see your country listed, Boxzooka doesn't currently ship to that destination.
If you are shipping to a U.S. or an APO/FPO address, simply proceed through the regular U.S. checkout process by selecting United States as your destination country.
Your order total is guaranteed at the exchange rate set when your order is placed. Foreign exchange rates are determined by Boxzooka and are based on interbank rates of exchange. These rates correspond with the average aggregate exchange rates that would otherwise be applied in an e-commerce transaction.
Duties & Taxes
International taxes, tariffs and value-added tax (VAT) will be calculated and displayed at checkout. They are based on the purchased merchandise's country of origin, or manufacturing, and the classification of that merchandise in accordance with a harmonized system used by the countries that Boxzooka supports. In most cases, you will be required to pay these charges during checkout.
When the charges are paid at checkout, the order total (merchandise landed cost) is guaranteed by Boxzooka and you agree to the DDP (Delivery Duty Paid) Import Terms and Conditions below.
Boxzooka guarantees you will not be required to pay any additional Duty or Tax fees at the time of order delivery and you will receive your order much faster than if you did not prepay the duties and taxes.
DDP Import Terms and Conditions
As the shopper purchasing product on the website www.shopblackiris.com you hereby authorize Black Iris to import the goods on your behalf. Further you agree that Black Iris may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker). You have agreed to pay the taxes & duties in addition to the purchase price of the goods.
You may not use, export, import, or transfer Black Iris goods except as authorized by U.S. law and any other applicable laws. In particular, but without limitation, the Black Iris goods may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by Black Iris are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Black Iris goods, either directly or indirectly, to any country in violation of such laws and regulations.
Currently, Boxzooka supports Visa®, MasterCard®, American Express®, JCB®, Alipay®, GooglePay ®, PayPal®, PayPal Express® and more with additional payment options always being added. Payment methods vary by destination; you'll see all your options during Checkout. You'll see "BXZ - BLACK IRIS" on your credit card statement.
Shipping Options & Charges
International shipping costs will be calculated and guaranteed by Boxzooka based on the items you are purchasing, your chosen shipping method and your shipping destination.
International customers may ship to multiple addresses by placing a separate order for each shipping address. We can't ship single international orders to multiple addresses at this time.
Once your transaction is complete, Boxzooka will fulfill the order within one business day for export from United States. Boxzooka then ships your order to its final international destination.
Most in-stock items will arrive in 2-3 business days for Express delivery and 3-10 business days Standard Expedited for delivery, if this service is offered to your destination. You'll see shipping options when available, specific to your destination, in the International Checkout when completing your purchase.
Please note that shipping windows are estimates and delivery dates cannot be guaranteed.
International Returns & Exchanges
Orders shipped internationally aren't eligible for free returns or merchandise exchanges; return shipping and handling fees will be deducted from your refund. Original shipping fees are non-refundable. Original shipping fees and duties/taxes are nonrefundable.
For a product refund please contact Black Iris customer service at email@example.com and ask that we send you a Return Merchandise Authorization form. Mail the completed form with your item(s) to Boxzooka, our international shipping partner. Boxzooka will credit your account when it receives the form and merchandise. You will also receive an email to confirm that the return has been completed.
Black Iris International Returns
530 Secaucus Road
Secaucus, NJ 07094
Occasionally there may be information on our Site and/or Service that contains typographical errors, inaccuracies or omissions in 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 Site and/or Service is inaccurate at any time without prior notice (including after you have submitted your order). We apologize for any inconveniences this may cause.
Third Party Services
Certain content, products and services available on our Site and/or Service may include materials from third-parties. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Black Iris may share such information and data with any third party with whom Black Iris has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
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.
Certain features of the Services may allow you create, upload, post, send, receive, or make available content to the Site and/or Services, including, without limitation, images, videos, audio files, ideas, concepts, chat messages, information or other materials while using the Site or, when you access the Site through Black Iris' social media channels, or from your social media profiles, for access, use, viewing, and commentary by other users of the Services (collectively, “User Content”). You represent that you have the full legal right to provide the User Content and that use of the User Content by Black Iris on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) constitute disclosure of any confidential information owned by any third party; (d) publish falsehoods or misrepresentations that could damage Black Iris or any third party; or (e) be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
Upon your submission of User Content or other material or information to Black Iris, you grant us, and our affiliates, agents, third party partners, and assignees a worldwide, non-exclusive, sublicensable, transferable, assignable, royalty-free and irrevocable license in perpetuity to host, display, transmit, distribute, publicly perform, reproduce, modify, edit, translate, copy, create derivative works from, store, sell, promote, sublicense and otherwise use your User Content in any and all manner and media, whether now known or hereafter devised, for any purpose whatsoever, commercial or otherwise. You also release all moral rights and similar rights in and to your User Content. You further perpetually and irrevocably grant Black Iris the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind. You waive all rights and release Black Iris from any claim for defamation, invasion of right to privacy, infringement of rights of publicity or any similar matter, based upon or relating to the use of any User Content. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights, waivers or authorizations to allow Black Iris' use of such User Content in accordance with such license.
All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials (“Our Content”), are the exclusive property of Black Iris, Inc. or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site, the App, and the Services (collectively the “Marks”) are proprietary to Black Iris, or the respective owners of such Marks. You may not display, reproduce, or otherwise use Our Content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any of Our Content we make available through the Services. Any unauthorized use of any of Our Content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in the Services. and will not make any changes thereto.
Digital Millennium Copyright Act Notice (DMCA)
We respect the intellectual property of others, and we ask you to do the same. If you believe that any of Our Content infringes your copyrights, please provide our DMCA Agent the following information:
- 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 the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
- Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please direct any such notifications to our DMCA Agent at firstname.lastname@example.org or to the following address:
55 Thompson Street, #3A
New York, NY 10012
Attn: Legal Department
The Service is controlled, operated and administered by Black Iris from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You understand and agree that we have no control over, and no duty to take any action regarding which users access the Services; content you access via the Services; effects the content may have on you and how you may interpret or use the content; or what actions you may take as a result of your exposure to the content.
Black Iris shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACK IRIS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY BLACK IRIS OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, BLACK IRIS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
SOME STATES DO NOT ALLOW EXLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY IN INDIVIDUAL CASES. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLACK IRIS OR ANYONE REPRESENTING BLACK IRIS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR BLACK IRIS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) TEN DOLLARS (US $10.00).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLACK IRIS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Black Iris, its officers, directors, investors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or Services, any User Content made by you, your violation of any part of the Terms ,your violation of law, rules or regulations or infringement of any rights of a third party. Black Iris reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Black Iris in asserting any available defenses.
These Terms are governed by the laws of the State of New York. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of these Terms.
For purposes of this section, “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to these Terms (such as with respect to their validity or enforceability), the Services, your (or anybody else’s) access to and/or use of the Services, and/or the provision of content, Products, Services, and/or technology on or through the Site.
- Except as otherwise specifically set forth below, any Dispute of any kind, if unresolved through informal discussions within 30 days of the sending of the notice described herein, shall be resolved by binding arbitration to be held in New York. You agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator(s).
- The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1 (800) 778-7879.
- Payment of all filings, administration and arbitration fees will be governed by the AAA Rules. The decision from the arbitration will be in writing and binding and conclusive on Black Iris and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Black Iris and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator(s) must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Black Iris and you understand that, absent this mandatory arbitration provision, Black Iris and you would have the right to sue in court and have a jury trial. Black Iris and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
- You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Black Iris by email to email@example.com AND by U.S. Mail to Black Iris, Inc. 44 Thompson Street, #3A, New York, NY 10012. The notice must be sent within 30 days of your first use of any of the Site. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Black Iris will not be bound by these provisions either. If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a Dispute between Black Iris and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms the matter is not subject to arbitration), Black Iris and you agree to waive, to the fullest extent allowed by law, any trial by jury.
- This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Black Iris, or any employee, officer, director, or investor of Black Iris, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person’s access to and/or use of the Site, and/or the provision of content, Products, Services, and/or technology on or through the Site.
You or Black Iris may choose to pursue a claim in small claims court where jurisdiction and venue over you and Black Iris otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Black Iris 30-day advance notice by email to firstname.lastname@example.org and by U.S. Mail to Black Iris:
Black Iris, Inc.
55 Thompson Street, #3A
New York, NY 10012
Attn: Legal Department
Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and 30-day negotiation period required by this paragraph shall not apply to these types of Disputes.
Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
- Black Iris and you agree to resolve any Dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Black Iris and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.
- If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.
- If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
- This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Black Iris, or any employee, officer, director, or investor of Black Iris, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
We want to promote a great experience with our Services. However, if we believe you are using the Services in a manner not intended by us, or in a way that circumvents these Terms, or is contrary to the spirit of any activity on the Services, we shall have the right immediately to terminate these Terms and your use and access of the Services at any time in our sole discretion and without notice to you. In no case will Black Iris' closure of your account, or reduction of your access to the Services, waive or affect any other right or relief to which Black Iris may be entitled.
Upon termination, all licenses and other rights granted to you under these Terms will immediately cease.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Black Iris as a result of these Terms or use of the Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Black Iris with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Black Iris. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Black Iris welcomes your questions or comments regarding the Terms:
Black Iris Inc
PO Box 80
New York, NY 10013
Attn: Legal Department
phone: (305) 799-3553