Legal Notice/Terms & Conditions
Warranty Disclaimer: You expressly agree that use of the web site and related services is at your sole risk. The web site, materials and related services are provided on an "as is" and "as available" basis. Black Dragon Creative Services makes no representations or warranties with regard to the web site or any materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. In addition, Black Dragon Creative Services makes no representation that the operation of the web site will be uninterrupted or error-free. Black Dragon Creative Services will not be liable for the consequences of any interruptions or errors on the web site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice, information or other content or materials provided in connection with or otherwise available through the web site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any such opinion, advice, information or other content. Under no circumstance will Black Dragon Creative Services be liable for any loss or damage caused by your reliance on information obtained through the web site, other than as required under applicable consumer-protection law. Some jurisdictions do not allow the disclaimer of certain warranties or limitation of certain types of damages, so some of the above disclaimer may not apply to you and nothing contained herein should be construed as excluding or limiting any liability beyond what is permitted under applicable law.
Trademark Notice: This Site may contain trademarks, copyrights and other intellectual property rights of third parties, including our clients. All such rights are proprietary to their respective owners. Users are prohibited by law and these conditions from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes. Except as specifically permitted in accordance with the terms and conditions governing use of this Site, any use of such trademarks or trade names is strictly prohibited without the express written permission of these owners.
Right of Refusal: Black Dragon Creative Services reserves the right to refuse services to anyone, for any reason. We do not offer our services to companies, organizations or individuals who we feel have questionable content, motives, services, or products. This includes, but is not limited to material that contains pornography, obscenity, discriminatory/hate propaganda, or sites that promote the illegal distribution of software, passwords or similar material. Our reputation and the reputations of those we design for means everything to us. What constitutes "questionable content, motives, services, or products" will be at the sole discretion of Black Dragon Creative Services.
Limitation of Liability: By availing yourself of the Web site, Materials or related services, you agree to release and hold Black Dragon Creative Services and the employees, officers, directors, shareholders, agents, representatives of Black Dragon Creative Services, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Black Dragon Creative Services, any third-party providers or sources of information or data and legal advisers (collectively, "Black Dragon Creative Services Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Web site, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of Black Dragon Creative Services that may cause the Web site or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Web site, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Web site, Materials or related services. In addition, you agree to defend, indemnify and hold Black Dragon Creative Services and its Affiliates harmless from and against any and all claims, losses, liabilities, suits damages or demands, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Web site, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you.
IN NO EVENT WILL Black Dragon Creative Services BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR USE OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF Black Dragon Creative Services WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. In that event, Black Dragon Creative Services’ total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to avail yourself of this Web Site, Materials or related services.
General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These terms and conditions of use shall be governed in accordance with the laws of the state of Indiana, USA, excluding its conflict of laws provisions. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Lawrenceburg, Indiana, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Black Dragon Creative Services failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Links: The materials that can be accessed from linked sites are not maintained by Black Dragon Creative Services, and Black Dragon Creative Services is not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its' endorsement by Black Dragon Creative Services, and you assume all risk with respect to its' use.
Note: Black Dragon Creative Services reserves the right to add, delete, or modify any or all terms of use at any time with or without notice.

