The Obsidian Collection Archives – Obsidian Images

TERMS OF USE


PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT. PLEASE READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN SECTION 14 (“DISPUTE RESOLUTION AND ARBITRATION”) CAREFULLY.

These Terms of Use, including the Obsidian Collection Privacy Policy (the “Privacy Policy” and, together with these Terms of Use, the “Terms”) govern your use of the online image archive operated by the Obsidian Collection Archives (the “Obsidian Collection”) and offered through the website located at www.obsidianimages.com (the “Site”). Please read these Terms carefully.

These Terms are a legal agreement between you and the Obsidian Collection. By using the Site, you are stating that you have read and understand, and agree to be bound by, these Terms AND ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO THE SITE THAT the obsidian collection MAY PUBLISH FROM TIME TO TIME. If you do not agree to these Terms, you are not permitted to use the Site.

The term “you” (and all of its derivations) means you individually and any person acting as your agent, under your authority, or with your permission, and, if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. If you are accessing the Site on behalf of an entity, you hereby agree to these Terms on your behalf and on behalf of such entity.

Ownership. The content made available on the Site (the “Content”), including the photographs and images, and all names, trademarks, service marks, logos, and other indicia of the Obsidian Collection or its licensors or third party partners used in connection with the Site and Content (the “Obsidian Trademarks”) are protected under United States and international copyright and trademark laws, are subject to other intellectual property and proprietary rights and laws, and are owned by Obsidian Collection or its licensors. You have no right to use any Obsidian Trademark in any manner except as set forth in these Terms without the advance written permission of the owner of that Obsidian Trademark. The Obsidian Collection reserves all rights not expressly granted to you in these Terms.

Limitations; Restrictions. Except as expressly set forth in these Terms or, solely with respect to Licensed Content, as may be expressly permitted by terms provided at the time of purchase of a license to Licensed Content on the Site, you may not use any Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose or copy, modify, reproduce, republish, post, transmit, sell, offer for sale, or redistribute any Content in any way without the prior written permission of the Obsidian Collection and its applicable licensors.

Licensed Content. Certain photographs and other Content on the Site may be licensed to you for a fee. In order to obtain a license to such Content, you must comply with the terms set forth in this Section 3 and indicate your acceptance of such terms by clicking “I accept the Terms of Use” or similar prompt prior to paying the applicable content fee at www.obsidianimages.com, which acceptance shall serve as your electronic signature.

Authorization to License Content. In order to license Content, you must be: (i) at least 18 years of age (or the minimum age in your jurisdiction for entering into a binding contract) and (ii) capable of entering into a legally binding agreement; provided however, that if you are under 18 years old, your parent or legal guardian may license Content for you so long as he/she agrees to be bound by these Terms. IF NEITHER OF THE FOREGOING IS TRUE, YOU MAY NOT LICENSE CONTENT.

Account Registration and Security. In order to license Content, you must set up a user account (an “Account”). When registering for an Account, you must (i) provide true, accurate, and complete information and (ii) establish a username and a password. You must maintain and promptly update such information so that it is current at all times. You may delete your Account, either directly or through a request made to hello@obsidianimages.com, but you will no longer be able to license Content. You are responsible for keeping your Account information secure and for all activities that occur through or by use of your Account (whether or not you have authorized those activities). You will notify the Obsidian Collection immediately of any breach of security or unauthorized use of your Account. If that happens, you should immediately change your password to prevent further unauthorized use. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard your Account information and may also be liable for the losses of the Obsidian Collection or others due to such failure.

License Grant. Subject to your compliance with these Terms and payment of the applicable fees associated with the Content you wish to license (each such item of Content, “Licensed Content”), the Obsidian Collection grants you a nonexclusive, nontransferable license to use such Licensed Content in accordance with the terms of any specific license you have paid for (each, a “Paid License”):

Personal, non-commercial use (e.g. framing, family newsletter)

Educational, non-commercial use (e.g. teaching materials for a class or student presentation)

Personal, commercial use (e.g. blogs)

Educational, commercial use (e.g. in a curriculum, published book, or other materials distributed for a fee)

Commercial use (e.g. advertisement or commercial website)

You shall provide attribution for [the Obsidian Collection/the Content’s licensor/the Content’s creator] on each use of Licensed Content in the following manner: Photo Credit: [Collection Name].

For the avoidance of doubt, all Licensed Content is licensed and not sold to you and the Obsidian Collection and its licensors retain all right, title, and interest in the Licensed Content including ownership thereof.

Fees and Payment.

All sales are final and nonrefundable unless otherwise provided by law. Fees for Licensed Content exclude all applicable taxes and currency exchange settlements, unless stated otherwise. The Obsidian Collection will only charge tax on digital goods where digital goods are taxable. The Obsidian Collection accepts payment by [credit card, Paypal, Venmo, and any other form of payment that the Obsidian Collection may make available from time to time]. You agree to pay for all Licensed Content that you order and that the Obsidian Collection may charge your account’s listed payment method the amounts due for such Licensed Content, including any taxes or other additional amounts indicated on the transaction page for such Licensed Content. You further agree to abide by any relevant Terms of Service or other legal agreement, including with a third party payment services provider, that governs your use of a given payment processing method. The Obsidian Collection may add or remove payment processing methods at its sole discretion and without notice to you.

By providing the Obsidian Collection with a payment method, you (a) represent that you are authorized to use the payment method that you provided and (b) authorize the Obsidian Collection to charge you for Licensed Content that you order using your payment method.

The Obsidian Collection will email you a payment confirmation upon receipt of your payment. If you believe there is an error with respect to the amounts charged to you, you must notify the Obsidian Collection within ten (10) days after receipt of the applicable payment confirmation. Subject to applicable laws, if you do not notify the Obsidian Collection within that time, you hereby release the Obsidian Collection from all liability and claims of loss resulting from the error and the Obsidian Collection will not be required to fix the error or provide a refund. If you notify the Obsidian Collection of a billing error and the Obsidian Collection agrees there has been such a billing error, the Obsidian Collection will correct the error within sixty (60) days.

To the extent permitted by law, you will pay all reasonable costs the Obsidian Collection incurs to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs.

You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing a valid credit card or other form of payment acceptable to the Obsidian Collection. IN ADDITION, YOU ACKNOWLEDGE THAT YOUR ONLINE ACCEPTANCE CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND THE OBISIDIAN COLLECTION AND SIGNIFIES YOUR INTENT TO BE BOUND TO SUCH ONLINE ACCEPTANCES.

Your Responsibilities.

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying all charges related thereto.

You will not use the Site or any Content (including Licensed Content) for any purpose or in any manner other than as expressly set forth in these Terms or in any Paid License for Licensed Content. Without limitation of the foregoing, you may not: (i) use the Site or any Content in violation of local, state, national, or international law or regulation; (ii) use the Site or any Content in a manner that is unlawful, abusive, harassing, defamatory, libelous, profane, threatening, invasive of a person’s privacy, violative of any third party proprietary rights, tortious, or is otherwise inappropriate; (iii) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (v) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (vi) falsely represent that you are the original creator of a work that is made up largely of Content without proper attribution except where permitted by a Paid License (for instance, you cannot create artwork based solely on Content and claim that you are the author); (vii) use the Site or any Content in any way that allows others to download, extract, or redistribute Content as a standalone file (meaning just the Content file itself, separate from the project or end use); (viii) use the Site or any Content in connection with any fraudulent or illegal conduct, transaction, or business, as determined by the Obsidian Collection in its sole discretion; (ix) “spam” others or “phish” for others’ personal information; (x) register for an Account by automated means or under false or fraudulent pretenses or create or use a false identity; (xi) use, frame, or use framing techniques to enclose any Obsidian Trademarks, Content or other proprietary information; (xii) use meta tags or any other “hidden text” using Obsidian Trademarks; (xiii) use or launch any automated system, including “robots,” “spiders,” or “offline readers,” to access the Site; (xiv) act as an intermediary, aggregator, or service bureau yourself or on behalf of any third party; (xv) rent, lease, loan, trade, sell, re-sell, or otherwise charge any party for access to the Site or any Content; (xvi) decompile, reverse engineer, or otherwise access or attempt to access the source code for the Site; or (xvii) attempt to do any of the foregoing acts, or assist or permit any person in engaging in any of the foregoing acts.

Privacy. The Obsidian Collection Privacy Policy explains how the Obsidian Collection collects, stores, shares, or otherwise uses personal data. The Obsidian Collection’s use of personal data will be in accordance with the Obsidian Collection Privacy Policy.

Indemnification. You hereby indemnify and hold harmless the Obsidian Collection and its parent, subsidiaries, affiliates, licensors and business partners, and each of their respective officers, directors and employees from and against any and all claims, all damages, liabilities, losses, fines and expenses (including legal and other professional fees and costs of investigation) arising out of or in connection with (a) your use of the Site or any Content; (b) any breach or alleged breach by you (or anyone acting on your behalf) of any of these Terms or applicable law; (c) your negligence or willful misconduct; (d) any dispute between you and a third party; or (e) your violation of any third party’s rights, including any intellectual property rights. You will cooperate fully as reasonably required in the defense of any claim.

Procedure for Reporting Copyright Infringement. 

The Obsidian Collection respects the intellectual property rights of others. Accordingly, the Obsidian Collection has a policy of removing Content that violates copyright law, and, in appropriate circumstances, suspending access to the Site (or any portion thereof) to any user who uses the Site in violation of copyright law and/or terminating the Account of any user who uses the Site in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512 (the “DMCA”), Obsidian Collection has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe in good faith that any Content made available through the Site infringes upon your intellectual property rights, you may submit a notice of claimed infringement to us by providing the following information in writing to our designated Intellectual Property Rights Agent (listed below) (“Designated Agent”):

Obsidian Collection
ATTN: Angela Ford
5417 S. Michigan Ave.  Chicago, IL  60615
angela@theobsidiancollection.org
312.656.9154 

Your written notice must: (i) contain the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed; (ii) identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted works on the Site, as permitted under the DMCA, a representative list of such works on the Site; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow Obsidian Collection to locate that material; (iv) contain information reasonably sufficient to enable the Obsidian Collection to contact the complaining party (including postal address, telephone number, and e-mail address); (v) contain a statement that the complaining party has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (vi) contain a statement, under penalty of perjury, that the information in the notice of claimed infringement is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

You acknowledge that if you fail to comply with all of the above notice requirements of this Section, your notice of claimed infringement may not be valid.

When a complete and proper notice of claimed infringement is received by the Designated Agent, it is the Obsidian Collection’s policy to expeditiously investigate the claim and take appropriate action, as determined by the Obsidian Collection in its sole discretion. Such action may include without limitation: (i) removing or disabling access to the Content identified in the notice of claimed infringement; (ii) notifying the applicable licensor that we have removed or disabled access to such material; or (iii) cancelling licenses for Licensed Content that include the Content identified in the notice of claimed infringement.

Feedback. If you choose to provide technical, business or other feedback to the Obsidian Collection concerning the Site, any Content, or any Obsidian Collection products or services (collectively, “Feedback”), the Obsidian Collection will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations or duty to account to you. You understand and agree that the incorporation by the Obsidian Collection of Feedback into any of its products or services does not grant you any proprietary rights therein.

Termination and Suspension. Without limiting other remedies, the Obsidian Collection may terminate or suspend your Account or access to all or part of the Site without notice if the Obsidian Collection determines, in its sole and absolute discretion, that you have violated these Terms or the terms of any Paid License or have engaged in any conduct that the Obsidian Collection believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of the Obsidian Collection, any other Site user, or any third party. You may discontinue your access to and use of the Site at any time. The following Sections shall survive the termination of these Terms for any reason, together with all other Sections that, by their plain meaning, are intended to survive: 2 (Limitations; Restrictions), 4.c (Your Responsibilities), 5 (Privacy), 6 (Indemnification), and 12 (Disclaimer of Warranties and Limitation of Liability) through 16 (Notices).

Modifications to the Site, Content and These Terms.

The Obsidian Collection reserves the right to modify or replace these Terms from time to time in our sole discretion. If the Obsidian Collection makes material changes to the Terms, the Obsidian Collection will post the updated Terms on the Site or notify you of the updated Terms by email or other means. New or modified Terms will not apply retroactively. Your continued use of the Site following a change in the Terms represents your consent to the new Terms to the fullest extent permitted by law. The Obsidian Collection encourages you to periodically review these Terms. The terms of a Paid License will be what is presented and agreed to at the time of payment and will not be impacted by later changes to these Terms; provided that similar licenses may be offered on different terms at a later date, and there is no guarantee that the same Paid License will be available for the same price.

The Obsidian Collection reserves the right to modify or discontinue the Site and any Content made available through the Site at any time, with or without notice to you.

While the Obsidian Collection currently makes the Site available free of charge, the Obsidian Collection reserves the right at any time to charge fees for access to the Site or additional new Site at any time, in its sole discretion, and will notify you in advance of such future charges to the extent required under applicable laws. In no event will you be charged for access to the Site or any Content, unless the Obsidian Collection obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.

Third Party Services; Integration and Links. The Obsidian Collection may integrate with or provide links to certain third party Internet sites and services (for example, Facebook, Instagram, Google, and Twitter) (collectively, such third parties, “Partners”). The Partner services made available through the Site or the integration of such sites and services with the Site are for your convenience only and do not signify the endorsement by the Obsidian Collection of such Partner sites or services. Moreover, the Obsidian Collection is not responsible for the content, security, operation, or use of any Partner sites, the products or services that may be offered or obtained through them, or for the accuracy, completeness, or reliability of any information obtained from a Partner or its site. When you click on a link to or in a pop-up of a Partner’s site, you will leave the services controlled by the Obsidian Collection. Any personal information you submit after you leave the Site will not be collected or controlled by the Obsidian Collection. It will be subject to the privacy notice and terms of use applicable to that Partner’s site. It is your responsibility to review those policies before submitting your information to that Partner and you provide your information at your own risk. YOU EXPRESSLY RELEASE THE OBSIDIAN COLLECTION FROM ANY AND ALL LOSS, DAMAGES OR OTHER LIABILITIES YOU INCUR AS A RESULT OF YOUR ACCESS TO OR USE OF ANY PARTNER’S SITE, ANY ACTS OR OMISSIONS BY PARTNERS, ANY PARTNER SERVICES OR SITES, OR ANY INFORMATION OR OTHER MATERIALS FOUND AT ANY OTHER WEBSITE OR INTERNET RESOURCE.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE OBSIDIAN COLLECTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND CONTENT (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, AND TITLE). THE OBSIDIAN COLLECTION DOES NOT WARRANT THAT THE SITE OR CONTENT WILL BE ACCURATE OR COMPLETE, OR THAT THE USE OF THE SITE OR CONTENT WILL BE ERROR FREE, UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS, OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, DATA, SERVICES AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OBSIDIAN COLLECTION OR THROUGH THE SITE WILL CREATE ANY WARRANTY FROM THE OBSIDIAN COLLECTION NOT EXPRESSLY MADE HEREIN.

UNDER NO CIRCUMSTANCES WILL THE OBSIDIAN COLLECTION OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.

IF, NOTWITHSTANDING THESE TERMS OF USE, THE OBSIDIAN COLLECTION IS FOUND TO BE LIABLE, EXCEPT WITH RESPECT TO THE RESOLUTION OF CLAIMS THROUGH ARBITRATION PURSUANT SECTION 14, LIABILITY OF THE OBSIDIAN COLLECTION AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, AND LICENSORS TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE FEE PAID BY YOU FOR THE PAID LICENSE FOR THE LICENSED CONTENT GIVING RISE TO LIABILITY HEREUNDER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that the Obsidian Collection may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Obsidian Collection’s liability will be the minimum permitted under such applicable law.

Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms that is not subject to arbitration pursuant to Section 14 will be governed by the exclusive jurisdiction and venue of the state and Federal courts of Cook County, Illinois.

Dispute Resolution and Arbitration. ARBITRATION AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS:

In the interest of resolving disputes between you and the Obsidian Collection in the most expedient and cost effective manner, you and the Obsidian Collection agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE OBSIDIAN COLLECTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Despite the provisions of Section 14.a, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or the Obsidian Collection to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim.

Any arbitration between you and the Obsidian Collection will be settled under the U.S. Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Web Portal Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Obsidian Collection.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Dispute Notice”). the Obsidian Collection’s address for Dispute Notice under this Section 14 is: 5417 S. Michigan Ave. Chicago, IL  60615, Attention: Resolution Department. The Dispute Notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Dispute Notice is received, you or the Obsidian Collection may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Obsidian Collection must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

If you commence arbitration in accordance with these Terms, the Obsidian Collection will reimburse you for your payment of the filing fee, unless your claim is for more than ten thousand U.S. dollars (US $10,000), in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Cook County, Illinois, but if the claim is for ten thousand U.S. dollars (US $10,000) or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in U.S. Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Obsidian Collection for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

YOU AND THE OBSIDIAN COLLECTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Obsidian Collection agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If the Obsidian Collection makes any future change to this arbitration provision, other than a change to the Obsidian Collection’s address for Dispute Notice, you may reject the change by sending the Obsidian Collection written notice to the Obsidian Collection’s address for Dispute Notice within thirty (30) days of the change, in which case your Account will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

If Section 14.f is found to be unenforceable or if the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to these Terms.

Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and the Obsidian Collection with respect to the subject matter hereof, and govern your use of the Site and Content, superseding any prior agreements or negotiations between you and the Obsidian Collection with respect to the subject matter hereof. The failure of the Obsidian Collection to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of the Obsidian Collection and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the Site. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing is invalid. The Obsidian Collection will not be liable for any delay or failure to perform its obligations hereunder resulting from any cause beyond its reasonable control, including telecommunications, power, or utility failures. These Terms do not create and will not be construed as creating a joint venture, co-ownership, partnership, or agency relationship between you and the Obsidian Collection. Except as set forth in Section 6, no other person or company is a third party beneficiary to these Terms. The section headings in these Terms are for convenience only and have no legal or contractual effect. For purposes of these Terms: (a) the words “include,” “includes” and “including” will be deemed to be followed by the words “without limitation”; (b) the words “such as”, “for example” “e.g.” and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive; and (d) the singular includes the plural and the plural includes the singular. No ambiguity will be construed against any party based on a claim that the party drafted the language.

Notices. Unless provided otherwise by the Obsidian Collection in connection with the Site, all notices required from you under these Terms must be sent to the address set forth below or otherwise specified by the Obsidian Collection from time-to-time, in its sole discretion. You consent to receiving certain electronic communications from the Obsidian Collection as further described in the Obsidian Collection Privacy Policy. Please read the Privacy Policy to learn more about the Obsidian Collection’s electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that the Obsidian Collection sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Obsidian Collection address for notice: Obsidian Collection Archives, 5417 S. Michigan Ave.  Chicago, IL  60615

Date Last Modified. These Terms were last modified on June 30, 2020.