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Terms and Conditions
Acceptance of Terms.
Information and Subscriptions.
At your election, you may request additional information about Black Wagon or subscribe to various information services concerning Black Wagon's products, services and business. When you do so, the registration process requires you to provide your name, email address and certain additional information about your preferences, such as, for example, your preferred contact method and product markets of interest to you. You may initiate your subscription within your Black Wagon account.
Debit Card Holds.
When using a debit card, please be aware that your financial institution may place a hold on your account for an amount that may equal or exceed the purchase amount. Black Wagon is not responsible for placing or removing debit holds. Please contact your financial institution if you would like more information.
Rules and Conduct.
The Website (including without limitation, any content, documents or other information made available via the Website) is provided only for your personal, non-commercial use. Any unauthorized use of the Website is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Website, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
imposes an unreasonable or disproportionately large load on Black Wagon's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or otherwise; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Black Wagon or any third party;
or harvests or collects any information from the Website; or impersonates any person or entity, including any employee or representative of Black Wagon.
Black Wagon may, at its sole discretion, immediately terminate your access to the Website should your conduct fail to conform strictly with any provision of this section.
Black Wagon has no obligation to monitor the Website or any use thereof. However, Black Wagon reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.
Third Party Websites.
You agree that all content and materials made available by Black Wagon at the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Black Wagon in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, database or directory without written permission from Black Wagon is prohibited.
We welcome your comments about our Website, but please note that by uploading, submitting or otherwise disclosing or distributing content of any kind any including but not limited to, comments, feedback, reviews, photographs, original art, notes, messages, ideas, suggestions, or other communications (collectively Comments) at or otherwise through the Website, you:
grant to Black Wagon, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Comments in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein without restriction and without compensating you in any way;
represent and warrant to Black Wagon that you own or otherwise control all rights to such Comments and that disclosure and use of such Comments by Black Wagon (including without limitation, publishing content at the Website) will not infringe or violate the rights of any third party; and acknowledge that the Comments may not be treated confidentially.
FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO BLACK WAGON, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE, PHOTOGRAPHS, OR ORIGINAL ARTWORK.
By sharing photos on Instagram, Twitter, Facebook, and Pinterest with the hashtag #blackwagonPICS, #blackwagon, #blackwagonkids, #blackwagonbaby, or directly uploading photos to blackwagon.com, or by responding to Black Wagon's photo rights request, you are agreeing to the following:
As between you and us, you own all content and information you post or share using the Site (referred to as "User Content"), such as posting or sharing comments, photos, and videos.
You grant permission to Black Wagon, Inc. a license to reproduce, display, perform, distribute, and otherwise use your User Content in connection with the Site and for other Black Wagon marketing purposes, including but not limited to catalogs, email, and other customer communications, store materials, social media, and other marketing. Black Wagon, Inc. may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Black Wagon, Inc., or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that: You own all rights to your User Content or, alternatively, that you have the right to give Black Wagon, Inc. the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Black Wagon may refuse to accept or transmit User Content for any reason, as well as remove User Content from the Site for any reason.
Copyright and Intellectual Property Policy
If you believe that a user of the Site has infringed upon your intellectual property rights, or if Black Wagon has taken down your materials due to suspicion of copyright infringement, and you would like to dispute the alleged infringement, please contact us at email@example.com.
Black Wagon may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Website.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability.
IN NO EVENT SHALL COMPANY (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
You agree to defend, indemnify, and hold harmless Black Wagon, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of the Website. Black Wagon reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Black Wagon in asserting any available defenses.
Black Wagon makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Website is prohibited from territories where such Content is illegal. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability.
Copyright and Trademark Notices.
If you believe a work on the Website constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:
evidence of your authorization to act on behalf of the owner of the copyrighted work;
a description of the copyrighted work that you claim has been infringed;
a description of where the alleged infringing material is located on the Website, including where the material is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
your physical or electronic signature.
Black Wagon's Designated Agent for notice of claims of copyright infringement can be reached at the address below.
You may contact Black Wagon at the following address:
3964 N Mississippi Ave
Portland, OR 97227