DISCLAIMER

UPDATED 09/2022

Logo: BLACK BARON / Designer and creative director
§ 1
GENERAL

THESE TERMS OF USE EXPLAIN THE CONTRACTUAL AGREEMENT BETWEEN YOU, WHO USES THIS WEB SITE AND AGREES TO THESE TERMS OF USE REGARDING YOUR USE OF THIS WEB SITE AND ACTIVITIES AND PURCHASING CONDUCTED THROUGH THE BLACK BARON WEB SITE.


BY ACCESSING OR USING THIS SITE IN ANY WAY, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS OF USE.


THESE TERMS OF USE APPLY TO THE ENTIRE WEB SITE AND ALL FEATURES AND FUNCTIONALITY OFFERED BY US THROUGH THIS WEB SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

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UPDATES AND CHANGES

WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY, ALTER, UPDATE, OR REMOVE PORTIONS OF THESE TERMS OF USE, SO CHECK THEM (INCLUDING OUR PRIVACY POLICY, THE BLACK BARON TERMS AND CONDITIONS AND LICENSE AGREEMENT FOR LOW-RESOLUTION MATERIALS) FROM TIME TO TIME AS YOUR CONTINUED USE OF THIS WEB SITE, AFTER A CHANGE HAS BEEN MADE, SIGNIFIES YOUR ACCEPTANCE OF ANY CHANGED ITEMS. WE MAY ALSO ADD, DELETE OR MODIFY SOME OR ALL OF OUR PRODUCTS, PROGRAMS OR SERVICES AT ANY TIME. YOU MAY ONLY AMEND THESE TERMS OF USE WITH A DOCUMENT IN WRITING SIGNED BY YOU AND BLACK BARON.

§ 3
PRIVACY POLICY

WE RECOMMEND THAT YOU REVIEW OUR PRIVACY POLICY WHICH IS PART OF THESE TERMS OF USE. IF AT ANY TIME YOU ARE NOT IN COMPLIANCE WITH THE POLICY, WE HAVE THE RIGHT TO TERMINATE YOUR RIGHTS OF USE AND ACCESS TO THE BLACK BARON WEB SITE. UNFORTUNATELY, WE CANNOT INSURE THAT ALL PERSONAL INFORMATION WILL NEVER BE DISCLOSED IN WAYS NOT OTHERWISE DESCRIBED IN THE PRIVACY POLICY. WE MAY BE REQUIRED BY LAW TO DISCLOSE INFORMATION TO GOVERNMENT AUTHORITIES, LAW ENFORCEMENT OR TO THIRD PARTIES UPON SUBPOENA, AND YOU AUTHORIZE US TO DISCLOSE INFORMATION AS WE BELIEVE, IN OUR SOLE DISCRETION, IS NECESSARY OR APPROPRIATE.

§ 4
TERMS AND CONDITIONS

WE, AND OUR AFFILIATES MAY OFFER VARIOUS PRODUCTS, PROGRAMS AND SERVICES FOR USE AND/OR PURCHASE THROUGH THE BLACK BARON WEB SITE. SOME OF THESE PRODUCTS, PROGRAMS AND SERVICES MAY BE GOVERNED BY THE BLACK BARON SELLING POLICY, WHICH SUPPLEMENTS AND IS A PART OF THESE TERMS OF USE AS APPLICABLE. WE RECOMMEND THAT YOU REVIEW THE BLACK BARON SELLING POLICY.

§ 5
COPYRIGHT

BLACK BARON IS COMMITTED TO PROTECTING THE COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS OF CREATIVE ARTISTS AND OTHERS. BLACK BARON HAS TAKEN ALL REASONABLE STEPS TO ENSURE THAT ALL REPRODUCTIONS ON THIS WEB SITE ARE PRODUCED ACCORDING TO APPLICABLE LAWS. COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE MATERIALS MAY SUBSIST IN INDIVIDUALS AND ENTITIES OTHER THAN BLACK BARON. YOU HEREBY ACKNOWLEDGE AND AGREE THAT, SUBJECT TO VALID THIRD PARTY RIGHTS, BLACK BARON RETAINS ALL INTELLECTUAL PROPERTY RIGHTS, INCLUDING WITHOUT LIMITATION COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS, AND OTHER PROPRIETARY RIGHTS, IN AND TO THE TEXTS, IMAGES, MARKS, DATA, AND ALL OTHER CONTENT CONTAINED IN THIS WEB SITE (COLLECTIVELY “MATERIALS”). COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE MATERIALS MAY SUBSIST IN INDIVIDUALS AND ENTITIES OTHER THAN BLACK BARON.


BLACK BARON EXPRESSLY PROHIBITS THE REPRODUCTION, DISTRIBUTION, TRANSMISSION, SALE, TRANSFER, CREATION OF DERIVATIVE WORKS, MODIFICATION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, PUBLICATION OR ANY COMMERCIAL, NON-COMMERCIAL, PROMOTIONAL OR EDUCATIONAL EXPLOITATION OF ANY MATERIALS ON THIS WEB SITE WITHOUT PRIOR WRITTEN PERMISSION OF BLACK BARON.


NOTE THAT THE BLACK BARON WEB SITE IS INTENDED TO FUNCTION IN THE PUBLIC DOMAIN AS OUR CATALOGUE FOR PUBLIC USE AND SUCH YOU ARE PERMITTED ONLY TO DOWNLOAD IMAGES, THUMBNAILS, FONTS, CLIP ART ITEMS, VIDEO CLIPS, AUDIO CLIPS, MARKS, DATA AND ALL OTHER CONTENT AS DESCRIBED IN OUR LICENSE AGREEMENT FOR LOW-RESOLUTION MATERIALS. REVIEW OUR LICENSE AGREEMENT FOR LOW-RESOLUTION MATERIALS BEFORE DOWNLOADING ANY MATERIALS FROM THIS WEB SITE. YOU MAY NOT, AND THESE TERMS OF USE DO NOT GIVE YOU PERMISSION TO REVERSE, ENGINEER, DECOMPILE, DISASSEMBLE, MODIFY OR CREATE DERIVATIVE WORKS WITH RESPECT TO THE BLACK BARON WEB SITE. FURTHERMORE YOU MAY NOT REMOVE ANY COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY NOTICE OR LEGEND CONTAINED ON THE BLACK BARON' WEB SITE OR ITS CONTENT.

§ 6
TRADEMARKS

THE TRADEMARKS, TRADE NAMES, LOGOS AND SERVICE MARKS OF THIRD PARTIES MAY BE PUBLISHED ON THE BLACK BARON WEB SITE AND ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.

§ 7
LINKS

(A) THIS SITE MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTY VENDORS AND OTHER THIRD PARTIES. WE ARE PROVIDING THESE LINKS SOLELY AS A CONVENIENCE. THE APPEARANCE OF A LINK DOES NOT IMPLY OUR ENDORSEMENT, NOR ARE WE RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE. YOU ACCESS LINKED SITES AT YOUR OWN RISK.


(B) YOU MAY ONLY PROVIDE A HYPERTEXT LINK TO THE BLACK BARON WEB SITE ON ANOTHER WEB SITE, IF YOU COMPLY WITH ALL OF THE FOLLOWING: (B1) THE LINK MUST BE A TEXT-ONLY LINK CLEARLY MARKED “BLACK-BARON.NET” OR "WWW.BLACK-BARON.NET“; (B2) THE LINK MUST "POINT" TO THE URL "WWW.BLACK-BARON.NET” AND NOT TO OTHER PAGES WITHIN THE BLACK BARON WEB SITE; (B3) THE LINK, WHEN ACTIVATED BY A USER, MUST DISPLAY THE BLACK BARON WEB SITE FULL-SCREEN AND NOT WITHIN A FRAME OR INLINE FRAME ON THE LINKING WEB SITE; AND (B4) THE APPEARANCE, POSITION AND OTHER ASPECTS OF THE LINK MUST NOT BE SUCH AS TO DAMAGE OR DILUTE THE GOODWILL ASSOCIATED WITH OUR NAME AND TRADEMARKS OR CREATE THE FALSE APPEARANCE WE ARE ASSOCIATED WITH OR SPONSOR THE LINKING WEB SITE. WE RESERVE THE RIGHT TO REVOKE OUR CONSENT TO ANY LINK AT ANY TIME IN OUR SOLE DISCRETION.


NOTE THAT BLACK BARON IS NOT RESPONSIBLE FOR THE CONTENT, PRIVACY PRACTICES AND TERMS OF USE OF NON BLACK BARON WEB SITES TO WHICH THIS SITE OR ANY OTHER BLACK BARON WEB SITE MAY PROVIDE A TEXT-AND/OR IMAGE LINK. WE SUGGEST OUR WEB SITE VISITORS TO REVIEW THE PRIVACY POLICY OF SUCH SITES CAREFULLY BEFORE USING THE SITES.

§ 8
USER COMMUNICATIONS

THE BLACK BARON WEB SITE MAY OFFER CERTAIN SERVICES THAT PERMITS PUBLIC COMMUNICATION, INCLUDING PUBLIC POSTINGS AND E-MAIL LINKS. YOU AGREE NOT TO SUBMIT, PUBLISH, DISTRIBUTE, OR TRANSMIT THROUGH THIS SITE OR ITS E-MAIL LINKS ANY CONTENT THAT IS LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, THREATENING, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, ABUSIVE, ILLEGAL, HATEFUL, RACIALLY OR ETHNICALLY DISCRIMINATORY, OR THAT WOULD CONSTITUTE OR ENCOURAGE A CRIMINAL OR CIVIL OFFENSE, VIOLATE THE RIGHTS OF ANY PARTY, OR WOULD OTHERWISE GIVE RISE TO LIABILITY OR VIOLATES ANY LAW.


YOU ALSO AGREE THAT YOU WILL NOT SUBMIT, PUBLISH, DISTRIBUTE, OR TRANSMIT ANYTHING THROUGH THIS WEB SITE THAT WILL VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS. WE DO NOT ENDORSE ANY INFORMATION POSTED OR CONTENT CONTAINED ON THE BLACK BARON WEB SITE AND WE ARE NOT LIABLE FOR ANY INFORMATION POSTED ON THE BLACK BARON WEB SITE, INCLUDING BUT NOT LIMITED TO ANY INFORMATION POSTED ABOUT YOU.


WE RESERVE THE RIGHT TO TAKE ANY ACTION WITH RESPECT TO INFORMATION POSTED ON THE BLACK BARON WEB SITE WHICH WE BELIEVE IS APPROPRIATE IN OUR SOLE DISCRETION, INCLUDING BUT NOT LIMITED TO REMOVAL. HOWEVER, WE CANNOT, NOR DO WE, CONTROL THE INFORMATION PROVIDED BY USERS OR CONTENT PROVIDERS WHICH IS MADE AVAILABLE THROUGH OUR SYSTEM. BY ITS VERY NATURE OF THE INTERNET, OTHER PEOPLE'S INFORMATION MAY BE OFFENSIVE, HARMFUL, INACCURATE, OR IN SOME CASES MAY BE MISLABELED OR DECEPTIVELY LABELED.


THE BLACK BARON BARON WEB SITE IS PRESENTING FUTURISTIC MILITARY DESIGNS, PRODUCT DESIGNS AND OTHER RELATED CREATIVE ARTWORKS. BLACK BARON RESERVES THE RIGHT TO PUBLISH FICTIVE MILITARY STORIES TO GIVE HIS DESIGNS A MORE AUTHENTIC FICTIVE GRACE. FURTHERMORE, BLACK BARON RESERVES THE RIGHT TO DEPICT HIS PRODUCT DESIGN STORIES THE WAY THE ARTIST HAS INTENDED TO, EVEN THOUGH THE INFORMATION MAY BE MISLABELED OR DECEPTIVELY INTERPRETED. BLACK BARON IS BY NO MEANS RESPONSIBLE AND/OR LIABLE FOR THE INVENTIVE CONTENT ON THE BLACK BARON WEB SITE.


BLACK BARON RESERVES THE RIGHT TO PUBLISH CREATIVE ARTWORKS ON HIS WEB SITE OF HISTORIC DOCUMENTS, PHOTOS AND DESIGNS TO DEPICT HIS GRAPHIC DESIGN TASTE OR OTHER PERSONAL VISUAL INTERESTS. IF AUTHORITIES OR ANY OTHER PARTY, GROUP OR ORGANISATION HAS A PROBLEM WITH THE SITE ONWER’S VISUAL TASTE, IT IS SOLELY THE PSYCHOLOGICAL PROBLEM OF THE CONCERNING AUTHORITY, GROUP OR ORGANISATION. AUTHORITIES, GROUPS OR ORGANISATION HAVE NO RIGHT WHATSOEVER TO DEFINE HOW THE ARTIST’S VISUAL TASTE HAS TO LOOK ALIKE.

§ 9
SYSTEM INTEGRITY

YOU MAY NOT USE ANY DEVICE, SOFTWARE OR ROUTINE, INCLUDING BUT NOT LIMITED TO ANY VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS OR OTHER MALICIOUS CODE, INTENDED TO DAMAGE OR INTERFERE WITH THE PROPER WORKING OF THE BLACK BARON WEB SITE OR TO SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION FROM THE BLACK BARON WEB SITE.


YOU MAY NOT TAKE ANY ACTION WHICH IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON OUR INFRASTRUCTURE, INCLUDING BUT NOT LIMITED TO DENIAL OF SERVICE ATTACKS OR SPAM OR SIMILAR UNSOLICITED MASS E-MAILING TECHNIQUES.


FOR SECURITY REASONS OUR COMPANY MAY USE THIRD PARTIES TO PROVIDE CERTAIN SERVICES ACCESSIBLE THROUGH THE WEB SITE SUCH AS BUT NOT LIMITED TO PAYMENT AND WEB SITE ANALYTICS SERVICES. BLACK BARON DOES NOT CONTROL THESE THIRD PARTIES OR THEIR SERVICES, AND YOU AGREE THAT OUR COMPANY 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 AGREE TO COMPLY WITH SUCH TERMS AND POLICIES AS WELL AS THESE.

§ 10
COMPLIANCE WITH LAWS

YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF THE SITE AND YOUR PURCHASE OF THE ITEMS ON THE SITE. YOU MUST BE 18 YEARS OR OLDER TO USE THIS WEB SITE. VISITORS UNDER THE AGE OF 18 YEARS WHO ARE ACCESSING THIS WEB SITE ARE USING THE SITE AT THEIR OWN RISK. THESE TERMS OF USE ALSO APPLY IF THE CUSTOMER IS NOT A FULLY QUALIFIED MERCHANT AND HAS NO GENERAL PLACE OF JURISDICTION IN MUNICH, GERMANY.


BLACK BARON, A FREE THINKER DOES NOT BELONG TO ANY PARTY, GROUP OR ORGANISATION WORLDWIDE. THE GERMAN LAW “VERSAMMLUNGSGESETZ” THEREFORE IS NOT APPLICABLE ON THE BLACK BARON WEB SITE NOR IN REGARD OF THE EMAILS AND ANY OTHER PERSONAL INFORMATION WE MIGHT COLLECT BY OFFERING CERTAIN PROGRAMS OR SERVICES ON THIS WEB SITE OVER TIME.

§ 11
WARRANTY

THIS WEB SITE IS PROVIDED BY US "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.


PRODUCTS, PROGRAMS AND SERVICES SOLD BY BLACK BARON, OR ITS AFFILIATES THROUGH THE BLACK BARON WEB SITE ARE SUBJECT TO THE TERMS, WARRANTIES AND REPRESENTATIONS, IF ANY, OUTLINED IN THE BLACK BARON TERMS AND CONDITIONS. UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE APPLICABLE BLACK BARON ONLINE SELLING POLICY.


WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCT, PROGRAM OR SERVICE SOLD, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.


FURTHERMORE, TERMINATION, RETURN OR CANCELLATION OF ANY PRODUCT, PROGRAM OR SERVICE AND REFUNDS, IF ANY, ARE GOVERNED BY THE APPLICABLE BLACK BARON TERMS AND CONDITIONS.


THESE DISCLAIMERS OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE BLACK BARON WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOUR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME COUNTRIES AND/OR STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH COUNTRIES AND/OR STATES, WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH COUNTRY AND/OR STATE LAW.

§ 12
LIMITATION OF LIABILITY

NEITHER WE NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNEES, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE BLACK BARON WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE BLACK BARON WEB SITE.


PRODUCTS, PROGRAMS AND SERVICES SOLD BY US, OR OUR AFFILIATES THROUGH THE BLACK BARON WEB SITE ARE ALSO SUBJECT TO THE LIMITATION OF LIABILITY PROVISIONS OUTLINED IN THE BLACK BARON ONLINE SELLING POLICY. TO THE EXTENT OF ANY CONFLICT BETWEEN THESE TERMS OF USE AND THE BLACK BARON ONLINE SELLING POLICY, THESE TERMS OF USE SHALL CONTROL. UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE BLACK BARON ONLINE SELLING POLICY.


NEITHER WE NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, ASSIGNEES, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF SUCH PRODUCTS, PROGRAMS OR SERVICES, AND IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO SUCH PRODUCTS, PROGRAMS OR SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR SUCH PRODUCT OUT OF WHICH LIABILITY AROSE.


THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THE BLACK BARON WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOUR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME COUNTRIES AND/OR STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH COUNTRIES AND/OR STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH COUNTRY AND/OR STATE LAW.

§ 13
PRICES AND PAYMENT

ALL PRICES LISTED ON THE BLACK BARON WEB SITES, IRRESPECTIVE OF WHICH PRODUCT GROUP IS CONCERNED, ARE DISPLAYED IN EURO EXCLUSIVE OF STATUTORY VALUE ADDED TAX.


WE RESERVE THE RIGHT, WITHOUT PRIOR NOTICE, TO DISCONTINUE OR CHANGE SPECIFICATIONS AND PRICES ON PRODUCTS, PROGRAMS AND SERVICES OFFERED ON THIS WEB SITE WITHOUT INCURRING ANY OBLIGATIONS (ALTHOUGH CHANGES TO SPECIFICATIONS AND PRICING WILL NOT AFFECT ORDERS PLACED PRIOR TO THE CHANGE). ALL PRODUCTS DISPLAYED ON THIS WEB SITE ARE AVAILABLE WHILE SUPPLIES LAST. FURTHERMORE, NOT ALL PRODUCTS, PROGRAMS AND SERVICES ARE AVAILABLE IN ALL AREAS. WE RESERVE THE RIGHT TO CANCEL A SALE AND ISSUE A RETURN AUTHORIZATION FOR MERCHANDISE THAT IS UNEXPECTEDLY OUT OF STOCK, DOES NOT CONFORM TO SPECIFICATIONS, OR IS ADVERTISED OR SHIPPED IN ERROR. WE RESERVE THE RIGHT TO LIMIT THE ORDER QUANTITY ON ANY ITEM AND/OR REFUSE SERVICE TO ANY CUSTOMER WITHOUT PRIOR NOTIFICATION. NOTE THAT WHILE WE HAVE TRIED TO ACCURATELY DISPLAY THE APPEARANCE OF PRODUCTS, THE ACTUAL COLORS AND IMAGES YOU SEE WILL DEPEND ON YOUR MONITOR AND MAY NOT BE ACCURATE. DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS OR SERVICES ON THE BLACK BARON WEB SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, PROGRAM OR SERVICE, OR CONSTITUTE A WARRANTY, BY US. IF YOU ARE HAVING A PROBLEM WITH A PRODUCT, PROGRAM OR SERVICE PURCHASED THROUGH THE BLACK BARON WEB SITE, REFER TO THE PROCEDURES OUTLINED IN THE BLACK BARON ONLINE SELLING POLICY. IF AN EXCEPTION TO THE BLACK BARON ONLINE SELLING POLICY APPLIES TO A PARTICULAR PRODUCT, PROGRAM OR SERVICE, IT WILL BE NOTED ON THE CORRESPONDING PAGE OF THE BLACK BARON WEB SITE. YOU SHOULD CAREFULLY REVIEW THE BLACK BARON ONLINE SELLING POLICY BEFORE PURCHASING PRODUCTS, PROGRAMS OR SERVICES FROM US.

§ 14
TERMINATION OF USAGE

THESE TERMS OF USE ARE IN FORCE UNTIL TERMINATED BY EITHER YOU OR US. YOU MAY TERMINATE THESE TERMS OF USE SOLELY BY DISCONTINUING YOUR USE AND ACCESS TO THE SITE. WE MAY TERMINATE THESE TERMS OF USE, OR SUSPEND YOUR ACCESS TO ALL OR PART OF THE BLACK BARON WEB SITE, WITHOUT NOTICE, FOR ANY CONDUCT THAT WE, IN OUR SOLE DISCRETION, BELIEVE IS DISRUPTIVE TO THE SITE OR IS IN VIOLATION OF ANY APPLICABLE LAW OR THESE TERMS OF USE. IF ANY PROVISION OF THESE TERMS OF USE IN THE EVENT OF TERMINATION OR EXPIRATION SHOULD BE OR BECOME INEFFECTIVE, THIS SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS.

§ 15
IDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LIABILITIES, LOSSES AND DAMAGES OF ANY KIND (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND/OR ANY INTENTIONAL WRONGDOING BY YOU. ANY SUCH INDEMNIFICATION SHALL BE CONDITIONED ON OUR BEHALF: (A) IMMEDIATELY NOTIFYING YOU IN WRITING OF ANY SUCH CLAIM, DEMAND, ACTION, COST, LIABILITY, LOSS OR THREAT OF ANY THEREOF; (B) COOPERATING WITH YOU IN THE DEFENSE OR SETTLEMENT THEREOF; AND (C) ALLOWING YOU TO CONTROL SUCH DEFENSE OR SETTLEMENT. WE SHALL BE ENTITLED TO PARTICIPATE IN SUCH DEFENSE AT OUR OWN COST AND EXPENSE.

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PLACE OF JURISDICTION

THIS SITE IS CONTROLLED AND OPERATED BY BLACK BARON FROM OUR OFFICE LOCATED AT HAUPTSTRASSE 2A, D-85293 REICHERTSHAUSEN, GERMANY. ALTHOUGH IT MAY BE TECHNICALLY ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD, YOU AGREE THAT YOUR USE OF THE BLACK BARON WEB SITE SHALL BE CONSTRUED TO BE MADE FROM WITHIN THE CITY OF MUNICH, GERMANY AND YOU AGREE THAT THESE TERMS OF USE AND YOUR USE OF THE BLACK BARON WEB SITE SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL SUBSTANTIVE LAWS OF GERMANY, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. WE RECOGNIZE THE APPLICABILITY OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT. YOU FURTHER SUBMIT TO JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN THE CITY OF MUNICH, GERMANY, AND FURTHER AGREE THAT ANY CAUSE OF ACTION YOU MAY BRING ARISING UNDER YOUR USE OF THE BLACK BARON WEB SITE OR ANY PRODUCT, SERVICE OR PROGRAM PURCHASED BY YOU THROUGH THE BLACK BARON WEB SITE SHALL BE BROUGHT BY YOU EXCLUSIVELY IN A STATE OR FEDERAL COURT LOCATED IN THE CITY OF MUNICH, GERMANY. SERVICE OF PROCESS OF ANY PAPERS OR ANY PARTY SHALL BE MADE BY REGISTERED MAIL.


THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF GERMANY. EACH PARTY HEREBY IRREVOCABLY CONSENTS TO EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN MUNICH, GERMANY. THE ABOVE ALSO APPLIES IF THE CUSTOMER IS NOT A FULLY QUALIFIED MERCHANT AND HAS NO GENERAL PLACE OF JURISDICTION IN MUNICH, GERMANY.

§ 17
GENERAL PROVISIONS

NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THESE TERMS OF USE BETWEEN YOU AND US. THESE TERMS OF USE ARE AN AGREEMENT BETWEEN YOU AND US AND ARE NOT INTENDED TO BE FOR THE BENEFIT OF ANY THIRD PARTY. IF ANY PROVISION OF THESE TERMS OF USE IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION WILL BE STRUCK AND THE REMAINING PROVISIONS ENFORCED. HEADINGS ARE FOR REFERENCE PURPOSES ONLY. OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES. WE RESERVE THE RIGHT TO REPORT ANY WRONGDOING, IF WE BECOME AWARE OF IT, TO THE APPLICABLE GOVERNMENT AGENCIES OR OTHERWISE. THESE TERMS OF USE, AND ALL WRITINGS AND WEB PAGES INCORPORATED BY REFERENCE INTO THESE TERMS OF USE, SET FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND US WITH RESPECT TO THE SUBJECT MATTER HEREOF.

§ 18
CONTACT

FOR QUESTIONS, INQUIRIES, OR CORRESPONDENCE OF ANY OTHER MATTER, USE THE CONTACT FORM ON OUR WEB SITE WWW.BLACK-BARON.NET OR OUR MAILING ADDRESS AS STATED HEREIN:

    

BLACK BARON

DESIGN GENERAL / IDEAMAKER

HAUPSTRASSE 2A

D-85293 REICHERTSHAUSEN

GERMANY


IN YOUR LETTER AND/OR EMAIL, DESCRIBE IN AS MUCH DETAIL AS POSSIBLE THE NATURE OF YOUR INQUIRY OR REQUEST. NOTE THAT BLACK BARON WILL ONLY PROCESS INQUIRIES OR REQUESTS WHICH DESCEND FROM A VALID ORIGINATOR. ANY INQUIRY OR REQUEST WE RECEIVE BY ELECTRONIC MAIL OR BY MAIL WHICH COMES FROM AN UNRELIABLE, INCORRECT OR ANONYMOUS ORIGINATOR WILL NOT BE PROCESSED.

COPYRIGHT © BLACK BARON. ALL RIGHTS, IDEAS AND PATENTS RESERVED.

BY ACCESSING THIS INTERNET WEBSITE, YOU FULLY AGREE TO OUR SITE TERMS.

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