Date last updated: November 1, 2018
and which is incorporated by reference in these Terms. These Terms and Conditions govern the access and use of the Site and the Services, and constitute a binding legal agreement between you and Studio Black Zombie.
Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to accept and accept additional terms and conditions. In the event of a conflict between these Terms and the published terms and conditions for a specific area of the Site or for specific Services, such terms shall prevail with respect to your use or your access to that area of the Site or the Services.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE OR THE SERVICES OR SELLING OR PURCHASING A PRODUCT ON OR THROUGH THE SITE OR THE SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU INDICATE THAT YOU READ, UNDERSTAND AND ACCEPTED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR THE SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and in this case, "you "will refer and apply to that company or other legal entity.
Studio Black Zombie reserves the right, in its sole discretion, to modify, discontinue, terminate or modify the Site or the Services at any time without notice. If we change these Terms, we will post the change on the Site or notify you of the change. We will also update the "Date of last update". By continuing to access or use the Site or the Services after we have posted a change to the Site or have notified you of a change, you indicate that you agree to be bound by the amended Terms. If the modified Terms do not suit you, your sole remedy is to stop using the Site and the Services.
The content of this site is protected by law and belongs to all artists, artisans and merchants who post on this site. Copies are strictly prohibited.
General conditions of the buyer
Purchasing original artwork
As a member, you can buy original works of art listed on the site. When you purchase such a product, you purchase the Black Zombie Studio product owned by Studio Black Zombie or the artist from the list of such work. The prices of the original artwork will be specified in the applicable list. You acknowledge that the prices do not include shipping and handling charges or applicable taxes (as defined below), if any, for which you are responsible and which will be identified separately on your receipt. Black Zombie Studio and / or its third-party service providers collect your billing and shipping information and process your payment. The artist identified on the original artwork list will ship the work purchased directly to you or we will take care of it. The terms and conditions of the current Studio Black Zombie policy and return apply to any original artwork that you purchase from the Site and Services.
Cancellation of an order
Studio Black Zombie reserves the right to cancel any order of an original work of art or printed product placed via the Site and services if it is determined, in our sole discretion, that the item is erroneous, out of stock out of stock, deleted, or unavailable at the price listed through the website and services. If we cancel an order placed through the Site and Services, we will send you an email confirmation of this cancellation and you will not be charged for your order.
All prices, commissions, fees and other amounts mentioned in these Conditions, including the prices, commissions and fees indicated on the Site, are indicated in CAD and do not include any sale, use, value added ("VAT"), goods
and taxes (or "GST") or similar withholding or customs duties, duties or customs duties that may be assessed by a governmental tax authority or otherwise payable under the applicable law in respect of relating to the purchase, sales and licensing transactions envisaged below (collectively, "Taxes").
If you are a purchaser of original works, you acknowledge that Studio Black Zombie will add taxes to the billed amounts, as a separate charge, when necessary or when permitted to do so. Each party will be responsible for the fulfillment of all and any obligations imposed upon it under applicable law with respect to the collection and payment of taxes. Each party will cooperate with the other party, and provide the other party with the usual written documents or forms required by applicable law to enable the other party to comply with those obligations or to exercise the rights provided by law. applicable an exemption from these obligations.
You acknowledge and agree that Studio Black Zombie uses commercially reasonable efforts to display the colors of original works of art, digital works and works accurately printed via the Site and Services. However, since individual computer screens may display colors differently, we are not responsible for the correctness of the colors of original works of art, digital or printed works displayed on the site and services and disclaims all responsibility in this regard.
We invite you to send us your comments, comments and suggestions for improving the site and services ("Comments"). You can submit your comments by writing to us at firstname.lastname@example.org or by using the service at Studio Black Zombie.com \ contact-us. You acknowledge and agree that all comments will be the exclusive property of Studio Black Zombie and you irrevocably hereby assign to Studio Black Zombie and agree to irrevocably assign to Studio Black Zombie all your rights, titles and interests and to all comments, including including, without limitation, all worldwide patent rights, copyrights, trade secrets and other industrial and intellectual property rights therein. At the request of Studio Black Zombie and Fees, you will execute documents and take other acts that Studio Black Zombie may reasonably request to assist Studio Black Zombie in acquiring, perfecting and maintaining its intellectual property rights and other legal protections for comments.
Hot Peppermint Content Art
Studio Black Zombie may also make available on the Site and Text, Graphics, Audio, Video and Art Image Services (collectively, "Black Zombie Studio Content"), a portion of which is owned by Studio Black Zombie ( "Black Zombie Studio owned to content"), and some of which is made available under license by a third party. Studio Black Zombie authorizes you to download, view and print Studio Black Zombie owned content 'only for your personal use to visit the site and, if you are a member, in connection with the exercise of rights granted to Members in under these conditions. For Studio Black Zombie Licensed Content, the scope of your rights will be the same as set forth in the applicable license agreement governing the use of such content, as identified on the Site page where such content appears. You are granted No license or implied right or other right under the intellectual property rights owned or controlled by Studio Black Zombie or its licensors, except for licenses and rights expressly granted in these terms.
Black Zombie Studio may run raffles, contests and similar promotions (collectively, "Promotions") through the Site and Services. You should carefully review the rules (for example, the "Official Rules") of each promotion in which you participate through the Site and Services, as they may contain important information about Studio Black Zombie's rights and the ownership of submissions made as part of promotions and as a result of your participation in these promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules shall prevail.
The Site, Services and Contents Black Zombie Studio are protected by copyright, trademarks and other laws of Canada and foreign countries. Except as expressly provided in these Terms, Studio Black Zombie and
its licensors own exclusively all rights, titles and interests on the Site, Services and Studio Black Zombie Content and Printed Works, excluding all associated intellectual property rights that are taken by each participating artist on the Site and has an explicit affiliation with Studio Black Zombie. You will not remove, modify or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated or accompanying the Black Zombie Studio website, services or content.
The site may contain links to websites or resources of others. You acknowledge and agree that Studio Black Zombie is not responsible for: (i) the availability or accuracy of such sites or resources; or (ii) the content, products or services on or available from such sites or resources. Links to these sites or resources do not imply endorsement by Studio Black Zombie of such sites or resources or the content, products or services available on those sites or resources. You acknowledge that you are solely responsible and assume all risks arising from your use of these sites or resources.
Termination and cancellation of account
If you violate these terms, Studio Black Zombie will have the right to suspend or disable your account or terminate these Terms, at its sole discretion and without notice. Studio Black Zombie reserves the right to revoke access to and use of the Site, Services, Black Zombie Studio Content and Member Content at any time, with or without cause. In the event that Studio Black Zombie terminates these conditions for your violation, you will remain liable for any amounts owing hereunder. You can cancel your account at any time by sending an email to email@example.com.
THE SITE, THE SERVICES, THE STUDIO BLACK ZOMBIE CONTENT AND THE MEMBER'S CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STUDIO BLACK ZOMBIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTY OF MERCHANTABILITY AND USE. STUDIO BLACK ZOMBIE MAKES NO WARRANTY THAT THE SITE, THE SERVICES, THE STUDIO BLACK ZOMBIE CONTENT OR THE MEMEBR CONTENT SHALL CONFORM TO YOUR REQUIREMENTS OR BE AVAILABLE UNINTERRUPTED, SECURE OR ERROR-FREE. STUDIO BLACK ZOMBIE MAKES NO WARRANTY REGARDING THE QUALITY OF THE MATERIALS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED ON THE SITE OR THE SERVICES OR THE ACCURACY, OPPORTUNITY, VERY GOOD, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY STUDIO BLACK ZOMBIE OR THROUGH THE SITE OR THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE FOLLOWING YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT EXPRESSLY CONTAINED IN THESE TERMS, STUDIO BLACK ZOMBIE DOES NOT CHECK OR INVESTIGATE THE CONTEXT OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, OR HOTPEPPEMINT MAKES NO ATTEMPT TO CHECK THE STATES OF ALL MEMBERS OR THE USERS OF THE SITE OR SERVICES. STUDIO BLACK ZOMBIE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF USERS OF THE SITE OR SERVICES. IT IS FOR YOU TO TAKE REASONABLE MEASURES IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PEOPLE WITH WHOM YOU COMMUNICATE, INTERACT IN FOLLOWING YOUR USE OF THE SITE OR SERVICES, WHATEVER BEEN MET OFFLINE OR IN PERSON.
You agree to defend, indemnify and hold Studio Black Zombie, its officers, directors, employees and agents from all claims, liabilities, damages, losses and expenses including, without limitation, legal and accounting fees reasonable, arising out of or in any way to your access or use of the Site, Services, Black Zombie Studio Content or Member Content or your breach of these Terms.
Notice of Property Rights
All trademarks, service marks, logos, trade names, and other design properties of Studio Black Zombie and its partners used herein are trademarks or registered trademarks of Studio Black Zombie and its partners. All other trademarks, service marks, logos, trade names, and other proprietary names are trademarks or registered trademarks of their respective parties.
Control of law and jurisdiction
These terms and any related action will be governed by the laws of the Province of Quebec, without regard to its conflict of laws. The exclusive jurisdiction and venue of any action relating to the subject matter of these Conditions shall be the state and federal courts located in the Province of Quebec and each of the parties hereto disclaims any objection as to the jurisdiction and venue of such courts .
These Terms constitute the entire and exclusive understanding and agreement between Studio Black Zombie and you regarding the Site and the Services and these Terms and Conditions supersede and replace all prior written or oral agreements or agreements between Studio Black Zombie and You regarding the Site and Services. .
You may not assign or transfer these terms, by law or otherwise, without the prior written consent of Studio Black Zombie. Any attempt by you to assign or transfer these conditions without this consent will be null and void. Studio Black Zombie may assign or transfer these terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will be binding and will be developed for the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted under these terms and conditions, including those regarding changes to these terms, will be in writing and given: (i) by Studio Black Zombie by email (in each case to: you provide) or (ii) posting to the site. For notices sent by email, the date of receipt will be deemed to be the date on which the notice is sent.
Studio Black Zombie's failure to enforce a right or provision of these Terms will not constitute a waiver of the future application of that right or provision. The waiver of such right or provision will be effective only if it is in writing and signed by a duly authorized representative of Studio Black Zombie. Except as expressly provided in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, that provision will be enforced to the fullest extent permitted and the other provisions of these Terms will remain in full force and effect.
Contact Studio Black Zombie
If you have any questions regarding these terms, please email us at