Terms of Service

This website, as well as any and all associated websites, mobile sites, and mobile applications (collectively referred to as the “Website”) is operated by AND ASSOCIATES STUDIO, LLC doing business as Blackwater RC (“Blackwater RC”, “we”, “us”, or “our”). We offer this Website, including all information, products and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.

YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE (“TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

NOTICE OF ARBITRATION: THESE TERMS REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE, THESE TERMS OR OUR PRIVACY POLICY TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT (EXCEPT FOR SMALL CLAIMS COURT). MORE INFORMATION ABOUT ARBITRATION IS SET OUT BELOW.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.

1. CREATING AN ACCOUNT

We may, now or in the future, offer you the option of creating a user account to streamline the purchase of our products through the Website. If and when you create an account, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Website.

You are solely responsible for maintaining the confidentiality and security of your password, and you agree not to disclose your password to anyone. You accept full responsibility for all transactions and activities placed or conducted through your account and agree to, and hereby release us, any third-party content providers and licensors, and our and their respective directors, officers, employees, affiliates, agents and other representatives, from any and all liability concerning such transactions and activities arising through your user account.

You agree to notify us immediately of any actual or suspected loss, theft or unauthorized use of your user account or password. We have no obligation to inquire as to the authority or propriety of any use of, or action taken under, your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with this provision.

2. INTELLECTUAL PROPERTY OWNERSHIP AND USE

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

We grant you a limited, revocable, non-exclusive right to access and make personal, non-commercial use of the Website as a customer. However, you shall not: (a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose; (b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content; (c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our trademarks; (d) engage in any activity that interferes with the Website or another user’s ability to use the Website; (e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or (f) assist or encourage any third party in engaging in any activity prohibited by these Terms.

You may not use, copy, distribute, or exploit any of the Website Content in any manner without our prior written permission.

All Website Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

3. ERRORS AND INACCURACIES

We strive to provide complete, accurate, up-to-date information on the Website. Despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display, and the look of products offered on the Website may not accurately reflect the look of the actual product. Please pay close attention to the written descriptions and specifications for products, and do not rely solely on product photographs.

4. CHANGES TO WEBSITE OR THESE TERMS

Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification or withdrawal of the Website or any portion of it.

We may alter these Terms from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.

The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

5. ORDERS, PRICE AND RESALE

Nothing on the Website constitutes a binding offer to sell you any products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your payment method has been charged.

Products offered on the Website are intended for purchase by final customers. We reserve the right to limit the quantity of items purchased by a single customer or delivery address to preserve product quality, integrity and fair access.

The prices displayed on the Website are quoted in New Taiwan Dollars (TWD) for your reference. At checkout, you will be charged in U.S. dollars (USD) through our third-party payment processor(s), such as Stripe. The final amount you pay in your local currency, if different, will depend on your bank or card issuer’s exchange rate and any fees they may apply. In the event a product is listed at an incorrect price (whether in TWD or USD), we have the right to refuse or cancel orders placed for that product, regardless of whether the order has been confirmed or your payment method charged. If your payment method has already been charged and your order is canceled, we will issue a refund to your original payment method.

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized during checkout and in your order confirmation email.

We strive to display accurate price information; however, we may on occasion make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Additional ordering information or instructions may be provided on the Website from time to time.

6. SALES, SHIPPING

We will arrange for shipment of the products to you using a shipper of our choice, unless otherwise specified. You will pay all shipping and handling charges unless otherwise specified at checkout or in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

You are responsible for complying with all applicable laws and regulations in your country, including the laws and regulations regarding the import of products. You will be the importer of records of products shipped to you from outside your country. By placing an order, you acknowledge that any products shipped to you from outside your country are imported for non-commercial (personal) use.

You are responsible for any and all taxes, duties, and fees that may be due in relation to your order, unless we explicitly state otherwise at checkout. Where applicable, you authorize the carrier or customs broker to act as your agent for customs and tax purposes.

For multiple-product orders, we may attempt to ship all products contained in the order at the same time, or ship them in partial shipments as products become available. You will only be charged for products contained in a given shipment, plus applicable shipping charges. Shipping charges will be calculated and displayed during checkout.

We will endeavor to process your order promptly; however, product availability, carrier delays, customs processing, and other factors may impact delivery times. Any shipping or transit time stated by us is an estimate.

Our current shipping times and costs may be described elsewhere on the Website.

7. RETURNS

Except for any products designated on the Website as non-returnable or final sale, we may accept returns of products for a refund of your purchase price, less original shipping and handling costs, provided such return is made within the time period and under the conditions stated in our then-current return policy.

To be eligible for a return, your item must generally be in the same condition that you received it, unworn or unused, with tags attached (if applicable), and in its original packaging. You may be required to provide a receipt or proof of purchase.

Details on how to initiate a return, including whether return shipping costs are covered by us or by you, will be set out in our return policy or other instructions provided on the Website.

Our return and exchange policy may be separately posted on the Website and is incorporated into these Terms by reference.

8. EXTERNAL WEBSITES AND RESOURCES

You may have come to our Website through a link from a third-party website, and our Website may link to third-party websites. We are not responsible for the availability of any websites owned or controlled by third parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third-party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

If you choose to access third-party websites, you do so at your own risk and subject to the terms and conditions of those websites.

9. USER CONTENT

The Website may contain various interactive portions that allow users to post content (“User Content”), such as reviews, comments, or other materials. We have no obligation to actively monitor User Content, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, any User Content. All User Content expresses the views and opinions of the user and does not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason.

By using this Website, you agree that you will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable, or that otherwise violates any law; (ii) contains 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; or (iii) infringes any person or entity's intellectual property rights (including but not limited to patent, trademark, trade secret, copyright or other intellectual property right).

You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to junk mail, spam and chain letters.

User Content becomes public information. You should be careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.

If you submit any User Content, you grant to us and our successors, licensees, assigns, and affiliates a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content in any media now known or hereafter devised.

If you choose to communicate or meet with other users of the Website, you do so at your own risk. We do not verify the identity of users and have no obligation to do so. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users.

This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content.

You represent and warrant that: • you have the full right, authority, and permission to post and distribute all User Content you submit; • you are the sole creator of all User Content, or if you are not the sole creator, you have obtained written consent from any third parties who have created or helped create such User Content; and • all persons featured in any User Content have provided you with their consent to allow you to submit such User Content to the Website.

If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to team@blackwaterrc.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may locate and review it.

10. INFRINGEMENT NOTICE

We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to: team@blackwaterrc.com.

To assist us, your notification should include: • a physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; • a description of the copyrighted work or other right you claim has been infringed or violated; • information reasonably sufficient to locate the material in question on the Website; • your name, address, telephone number, email address and other information reasonably sufficient to permit us to contact you; • a statement by you that you have a good faith belief that the disputed use is not authorized