Acceptance of Terms
Black Water Siren Studio (“BWS STUDIO” or “we”) owns and operates this website. BWS STUDIO may at any time change the terms that govern your use of our Site. By using this website, you agree to be bound by these Terms of Service and any such changes. By using our website, you also agree to all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these Terms and Conditions of use, do not use the website.
BWS STUDIO has the right to refuse and/or change any order you place with us. In the event that we make a change to an order, we will 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 sales to dealers, resellers, or distributors.
All copyrights in this website are owned by BWS STUDIO and all rights pertaining thereto are likewise reserved. You should assume that everything that you read or see on the website is copyrighted or otherwise protected and owned by BWS STUDIO or some third party who licensed to BWS STUDIO the right to use such material; this includes but is not limited to images, illustrations, designs, icons, photographs, and written and other materials that appear as part of this website. Unless otherwise expressly noted, nothing that you read or see on the website may be copied or used without the prior written approval of BWS STUDIO. You may not reproduce (except as noted in this notification), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the contents or any part of this website.
We grant you permission to print individual pages from the website, unless otherwise expressly noted, for your own personal, non-commercial use in learning about, evaluating, or purchasing BWS STUDIO’S products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:
♦ use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
♦ remove any copyright, or other proprietary notations from the materials;
♦ transfer the materials to another person or “mirror“ the materials on any other server
We make no warranties or representations to you that your use of any materials displayed on the website will not infringe the rights of third parties.
“Black Water Siren Jewelry,” and BWS STUDIO’s other brand names and logos are trademarks of BWS STUDIO, Inc. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission.
Limitation of Warranty and Damages
THE INFORMATION IN THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BWS STUDIO makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this website. BWS STUDIO makes no warranty that the website will be available, uninterrupted, error-free, or free of viruses or other harmful components. BWS STUDIO further makes no warranty that you will achieve successful results from following any instructions or directions on the website.
The foregoing also applies to any information in any websites hyperlinked to this website. Such links are provided for your reference only. BWS STUDIO does not control such third party sites and is not responsible for the content of or any products or services offered on those sites. The material could contain inaccuracies or be outdated.
In no event will BWS STUDIO be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with BlackWaterSiren.com or use thereof or inability to use by any party, or unauthorized access or interception of data, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BWS STUDIO, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Your use of this website, and submission of any data by you, is at your own risk.
If you submit information to us, excluding personal and financial information, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts or other information, you are giving that information, and all your rights in it, to BWS STUDIO free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by BWS STUDIO for any purpose, without your consent or any compensation to you or anyone else. Such disclosure, submission, or offer of any comments, suggestions, or ideas shall constitute an assignment to BWS STUDIO of all worldwide rights, titles, and interests in all copyrights and other intellectual properties. This is true whether you submit such information to us by email, through a form on the website, on a bulletin board, or in any other manner.
Do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. You are solely responsible for any material you submit to us. You agree that no information submitted by you to the website will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s).
Through your usage of the website, you may submit and/or BWS STUDIO may gather and track your page views, how you came to visit the site, and length of time viewing pages. BWS STUDIO is free to use such information for internal studies and analyses. You agree that BWS STUDIO may use and/or disclose information about your demographics and use of the website in any manner that does not reveal your identity. By participating in contests, promotions, and/or requesting promotional information or product updates, you agree that BWS STUDIO may use your information for marketing purposes.
We have made every effort to display as accurately as possible the colors and details of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be 100% accurate.
From time to time there may be information on BlackWaterSiren.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
All materials on this website are sold in U.S. dollars. All international customers are responsible for paying in U.S. dollars. If you use the website from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws. Please be aware that by purchasing the BWS STUDIO product from outside the United States, you agree to comply with any related shipping costs, tariffs, or customs fees associated with your international transaction.
Modification and Termination of This Agreement
BWS STUDIO may modify this agreement at any time without notice to you. By continuing to use this website after BWS STUDIO posts any such changes, you agree to be bound by the modified terms of the agreement. If you do not agree to any change, you must immediately stop using and accessing the website.
The effective date of the latest version of the agreement, as stated below, indicates the last time the agreement was materially modified. Checking the effective date below allows you to determine whether there have been material modifications since the last time you reviewed the agreement.
Effective date of this agreement: May 1, 2017.
BWS STUDIO may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience.
You may terminate this agreement at any time by destroying all materials received from the website and ceasing to use the website.
This agreement has been made in and shall be construed in accordance with the laws of the State of Montana. By using this website, you agree to the sole and exclusive venue and jurisdiction of the state and federal courts of Granite County, Montana, for any and all disputes arising out of or related to this agreement or the use of this website. You agree to defend, indemnify, and hold BWS STUDIO harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the website.
You agree to defend, indemnify, and hold harmless BWS STUDIO and its officers, directors, employees, appointed agents, or their respective successors and assigns; from and against any and all claims, damages, costs, and expenses whatsoever, including without limitation attorneys’ fees, arising from or relating to directly or indirectly your use of, reliance on, publication, distribution or communication, uploading or downloading anything on or from the website.