Terms and Conditions

Terms of Conditions

Welcome to The Black Art Depot! By using this website, you agree to be bound to the following terms and conditions. Please take the time to read and review our terms of use carefully. All of our products and services are provided subject to these terms and conditions.

 

Ownership

This website is owned and operated by T. Ellis Inc. Our mailing address is:

 

T. Ellis Inc.

3001 Autumn Hills Court

Friendswood, TX 77546

 

Limitation of Liability

T. Ellis, Inc. and any of its employees or agents are not to be held responsible for damages incurred in connection with the provision of and operation of its website. We do not accept responsibility that the website, its servers or email sent from the website are free of viruses or other harmful components. We also do not warrant that the website, its servers or its email servers are impenetrable or invulnerable to hackers. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, incidental, indirect, punitive or consequential damages. Under no circumstances shall any affiliate of T. Ellis,, Inc. be held liable for any damages resulting from the use or misuse of the website, including all outside factors which might lead to loss of data, income, profit, delays in operations, problems in transmission or any failure of operation be it an act of God, foul play or communication error. Every visitor to this site accepts and acknowledges this limitation of liability. We represent the website accordingly and under no circumstances are we responsible for any loss or damage caused by any consequences of use of information obtained from this website.

 

We may use third party services to provide certain services accessible through the website. We do not control those third parties or their services, and you agree that we will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms of Use when you use those services. If any such terms or policies conflicts with these terms of use then you must comply with our Terms of Use as applicable.

 

Warranty

We issue this site "As Is" though we do incorporate security functions on our website to protect the confidentiality of personal information. However, we are unable to completely warrant information as presented on this website. While we do our utmost to maintain our presence as accurately as possible, slight color variations may exist. In some a minor change in the presentation may have occured. We record approximate image and paper sizes and our prices and availability are subject to change without notice.

 

Website Access

You are granted a revocable and limited license by us to access and make personal use of the site as our customer. However, you are not permitted to use any meta tags, search terms, key terms or the like that contain the website's name or trademarks used on the website. You are not allowed to engage in any activity that interferes with the website or another user's ability to use the website. You are not allowed to assist or encourage any third party activity in engaging in any activity prohibited by these Terms of Use. You are not allowed to reproduce, duplicate, sell, copy or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other website content for any commercial purpose except as explicitly provided. Any use of the website or website content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

 

Copyright or Trademark Infringement

We will always honor and respect the intellectual property rights of others. We do not reproduce or manufacture the products offered on our website. All of our art by Ted T. Ellis is copyrighted by T. Ellis, Inc. Other products are purchased from or licensed by other third party suppliers that represent to us that they have all necessary rights to allow our organization to sell the products on the website and display the products on the website. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement please notify us immediately by following the procedures documented below:

 

PROCESS FOR MAKING CLAIMS OF TRADEMARK OR COPYRIGHT INFRINGEMENT

Please fill out our Notice of Claimed Infringement Form if you believe that your work has been used on our website in a manner that constitutes copyright or trademark infringement. Please sign the form and email it to tedellisart@gmail.com and then mail the hard copy to the mailing address noted in the ownership section of this page. We will remove the alleged or actual infringing product(s) from the website and cease sales of the alleged or actual infringing product(s) within 14 days of becoming aware of any bona fied alleged or actual infringement pending our investigation.

 

Dispute Resolution and Applicable Law

Any dispute arising from your visit to or use of this website shall be subject to the exclusive jurisdiction of the state or federal courts located in Friendswood, TX. By visiting this website, you consent to exclusive jurisdiction and venue in such court. You also agree, by visiting this website, that the laws of the State of Texas will govern these Terms of Use without regard for conflict of law principles.

 

Your Account

You are responsible for restricting access to your computer and for maintaining the confidentiality of your password and account. You agree to accept all responsibility for any and all activities that take place under your account and/or password. At our sole discretion, we reserve the right to terminate accounts, cancel orders, remove or edit content or refuse service.

 

Copyright

The purchase of any product does not provide the purchaser with any copyright interest or intellectual property right in the product. All website content is our property or the property of T. Ellis Inc. and our content suppliers and is protected by copyright laws. All website content that is not our property is used with permission. The arrangement and compilation of website content is our exclusive property and is protected by copyright law. All software used on the website is our property or the property of our software suppliers and is protected by copyright law.

 

Communication and Notices

All notices required to be given under these Terms of Condition will be in writing and delivered to the other party by mail, overnight courier or email. If you need to provide us with a notice please email it to tedellisart@gmail.com or mail it to the address noted in the ownership section above. All notices sent by mail or overnight courier should be sent in a manner that provides proof of delivery. All notices will be deemed received if delivered by mail or overnight courier seven days after the date receipt is confirmed by such service, or if by email, 3 days after the message was sent, if no "system error" or other notice of non-delivery is generated.

 

You also consent to receive communications from us by email. You agree that all disclosures, notices, agreements and other communications that we provide to you by email will satisfy any legal requirements that such communications be in writing.

 

Submissions

When you submit questions, comments, suggestions, reviews, message board postings, material submitted via web forms, tickets, contest entries or communications of any other information ("Submissions"), you grant us the permission to use these Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that we will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on "moral rights" or the likes arising from our use of Submissions.

 

Subject to Change

At our sole discretion, we reserve the right to make changes to these Terms of Use or any of our policies or website. Therefore, you should make it a habit to review our Terms of Use, conditions and/or policies each time you visit our website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If at any time any of the terms or conditions herein shall be deemed invalid, void or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

Privacy

Please make sure you view our Privacy Policy to understand our privacy practices.