Terms and Conditions

Terms and Conditions

Introduction
Please read over this section carefully, as it contains the legal terms and conditions ("Terms") that govern your use
of services provided to you by Black Moon Galleries, including information, text, images, graphics, data or other
materials ("Content") and products and services provided through www.blackmoongalleries.com (the "Service").

By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions
applicable to all users of our Service, including visitors to the Black Moon Galleries website (the "Site"). If you choose
to register as a member of our Service you will be asked to check a box indicating that you have read, and agree to be
bound by, the additional terms set forth in Section II of these Terms ("Member Terms").

Section I

1. Availability
This Service is provided by Black Moon Galleries on an "AS IS" and "AS AVAILABLE" basis and Black Moon Galleries
reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice.
You agree that Black Moon Galleries is and will not be liable to you for any modification, suspension or discontinuance
of the Service.

2. Privacy
Black Moon Galleries respects your privacy. All information collected will not be shared with any third parties without
your prior consent. Information collected is for the use and functionality of the Site and your Member Account should
you have one.

3. Trademarks
All brand, product and service names used in this Service which identify Black Moon Galleries or third parties and
their products and services are proprietary marks of Black Moon Galleries and/or the relevant third parties. Nothing in
this Service shall be deemed to confer on any person any license or right on the part of Black Moon Galleries or any third
party with respect to any such image, logo or name.

4. Copyright
Black Moon Galleries is, unless otherwise stated, the owner of all copyright and data rights in the Service and its
contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any
of the Content without the express, written consent of Black Moon Galleries. However, Black Moon Galleries does not
claim ownership rights in your works or other materials posted by you to Black Moon Galleries (Your Content).

5. Reporting Copyright Violations
Black Moon Galleries respects the rights of others and their respective properties. If you feel that your work
has been used on the Site without your permission, please contact our Copyright Department at this email:
copyright@blackmoongalleries.com. Please be sure to include all relevant information, including the work(s)
in question, any contact information for both yourself and the person in question, statements proclaiming that
you indeed have just reason to assume that your work has been used without permission and that all information
provided is true and accurate.

6. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers
or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of
networks connected to this Service; or provide any information to Black Moon Galleries that is false or misleading,
that attempts to hide your identity or that you do not have the right to disclose. You agree to defend, indemnify,
and hold harmless Black Moon Galleries, its officers, directors, employees and agents, from and against any claims,
liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising
out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

7. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as
a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending
an email to the address you have provided to Black Moon Galleries for your account. For all other users, we will post
the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will
be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue
using the Service.

8. General
These Terms constitute the entire agreement between Black Moon Galleries and you with respect to your use of the Service.
Black Moon Galleries failure to enforce any right or provision in these Terms shall not constitute a waiver of such
right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that
the remainder of the Terms shall be enforceable. Black Moon Galleries shall have the right to assign its rights and/or
delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign
your rights or delegate your obligations under these Terms without the prior written consent of Black Moon Galleries.
These Terms shall be governed by and construed in accordance with the laws of the State of Virginia. Any disputes arising
under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts
of the State of Virginia.

9. Disclaimer of Warranty and Limitation of Liability
BLACK MOON GALLERIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH
THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
BLACK MOON GALLERIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
TO THE FULLEST EXTENT PERMITTED BY LAW. BLACK MOON GALLERIES MAKES NO WARRANTY AS TO THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT
BLACK MOON GALLERIES IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH
CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES
ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN,
AND TO THE FULLEST EXTENT ALLOWED BY LAW, BLACK MOON GALLERIES SHALL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
EVEN IF BLACK MOON GALLERIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF
THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BLACK
MOON GALLERIES AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO BLACK MOON
GALLERIES PURSUANT TO THIS AGREEMENT.

10. Comments
If you have any comments or questions about the Service please contact us by email at support@blackmoongalleries.com.

Section II

11. Registration
To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter
into and form contracts under applicable law. You agree that the information that you provide to us upon registration,
at the time of purchase, and at all other times will be truthful, accurate and complete to the best of your knowledge.
You also agree that you will ensure that this information is kept accurate and up to date at all times. Please be sure that
your email especially is kept up to date, as this is how we will contact you primarily with regards to your account and any
and all orders.

12. Submitting to the Site
As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your
Content, known as "Your Artwork," for display on your user page. You agree that you will submit items which are in
good taste and conform to the image of the Site. You agree not to submit materials which are obscene, offensive,
blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights,
defamatory, libelous, vulgar, illegal or otherwise objectionable. You acknowledge that you are solely responsible
for all Content and material you upload, post or otherwise transmit using the Service.

13. Copyright in Your Content
Black Moon Galleries does not claim ownership rights in Your Content. You agree, however, to grant
Black Moon Galleries a non-exclusive, royalty free license to reproduce, store, distribute and otherwise
manipulate your submissions for use on the Site and outside events that Black Moon Galleries may
participate in. Please note that when you upload Content, you allow third parties to copy, distribute
and display your Content.

14. Email Account
You have the option when registering as a member of Black Moon Galleries to set up an email account with us. If
You should choose to do you, you agree that this email account will be used in accordance with Sections 6 and 16
and that you will not use said account in any other unlawful manner, or manner for which it was otherwise intended.
You also agree that Black Moon Galleries may discontinue any and all email accounts at any time, and without
prior notice.

15. Storage Policy
At this time, Black Moon Galleries provides free online storage for up to twenty (20) pieces of Your Content
to registered members of the Service. However, you acknowledge and agree that Black Moon Galleries may, at
its option, establish limits concerning your use of the Service, including without limitation the maximum
number of days that Your Content will be retained by the Service, the maximum size of any Content files that
may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content
on Black Moon Galleries servers. Furthermore, you acknowledge that Black Moon Galleries reserves the right to
terminate or suspend accounts that are inactive, in Black Moon Galleries sole discretion, for an extended
period of time (thus deleting or suspending access to your Content). Without limiting the generality of
Section 9, Black Moon Galleries shall have no responsibility or liability for the deletion or failure to store
any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content.
You further acknowledge that Black Moon Galleries reserves the right to modify its storage policies from time to
time, with or without notice to you.

16. Conduct
You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using
the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload,
download and otherwise copy, distribute and display. Content provided to you by others, or made available through
websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or
otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

You agree not to use the Service:

for any unlawful purposes;
to upload, post, or otherwise transmit any objectionable material, as described in Section 12
to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other
intellectual property right
to harm minors in any way
to tamper with the Site or Black Moon Galleries in any way, shape or form, or to cause either of the
previously mentioned entities to function in a way that was unintended
to upload, post, or otherwise transmit any material which is likely to cause harm to Black Moon Galleries or
anyone else's computer systems

17. Suspension and Termination of Access and Membership
You agree that Black Moon Galleries may at any time, and without notice, suspend or terminate any part of the Service,
or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored
on the Black Moon Galleries Site, in Black Moon Galleries sole discretion, if you fail to comply with the Terms or
applicable law.

18. Purchasing of Items and Products from Black Moon Galleries
All payments are to be made in a currency that is accepted by Black Moon Galleries. We currently accept payments
in US Dollars, Canadian Dollars, Australian Dollars, Euros, Pounds Sterling, Yen, New Zealand Dollar, Swiss Franc,
Hong Kong Dollar, Singapore Dollar, Swedish Krona, Danish Krone, Polish Zloty, Norwegian Krone, Hungarian Forint,
and Czech Koruna. Prices are subject to change at any time. Postage and applicable sales taxes will be added to your order
during the checkout process. Prices do not include any import duties that may be added by the order destination country.

If your order arrives and is damaged or the item is not what you had ordered, we generally accept returns within thirty (30)
days after receipt of your order. Please contact us at sales@blackmoongalleries.com to see if you do indeed need to make a
return. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original
packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded
on returned items. Customers are responsible for all shipping charges back to Black Moon Galleries on returned items,
and Black Moon Galleries will pay the shipping charges on replacement product(s).

Returns can be for replacement, refund or credit at Black Moon Galleries' discretion. If your return merchandise is
accepted, we will post a credit to your account within 48 hours from the time that we receive the product(s). Each return
is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be
applied to that card.

19. Selling of Products

If you have registered as a member and have uploaded or otherwise made available for sale products that you own, you agree
that you will be paid an amount set forth by Black Moon Galleries. You acknowledge that this amount to be paid
may be changed at any time. If Black Moon Galleries decides to change this amount, you will be notified by email and
asked to state that the new amount is agreeable and satisfactory to you. If you do not agree to the revised terms, you
acknowledge that your sole remedy shall be to terminate your membership with Black Moon Galleries. You also acknoweldge
that the dates and times of said payments may also change and/or be modified at the discretion of Black Moon Galleries.
You agree to, as stated previously, accept the revised terms or terminate your membership with Black Moon Galleries.