Terms & Conditions
Terms & Conditions
Welcome to BlackItUp.com. BLACK IT UP LLC (“BLACK IT UP”) provides website features and other products and services to you when you visit or shop at BlackItUp.com, use BLACK IT UP products or services, or use software provided by BLACK IT UP in connection with any of the foregoing (collectively, “BLACK IT UP Services”). BLACK IT UP provides the BLACK IT UP Services subject to the following conditions.
By using BLACK IT UP Services, you agree to these conditions. Please read them carefully.
We offer a wide range of BLACK IT UP Services, and sometimes additional terms may apply. When you use an BLACK IT UP Service you also will be subject to the guidelines, terms and agreements applicable to that BLACK IT UP Service (“Service Terms”). If these Terms and Conditions are inconsistent with the Service Terms, those Service Terms will control.
When you use any BLACK IT UP Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other BLACK IT UP Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any BLACK IT UP Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BLACK IT UP or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BLACK IT UP Service is the exclusive property of BLACK IT UP and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BLACK IT UP Service are trademarks or trade dress of BLACK IT UP in the U.S. and other countries. BLACK IT UP’S trademarks and trade dress may not be used in connection with any product or service that is not BLACK IT UP’S in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BLACK IT UP. All other trademarks not owned by BLACK IT UP that appear in any BLACK IT UP Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BLACK IT UP.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, BLACK IT UP or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BLACK IT UP Services. This license does not include any resale or commercial use of any BLACK IT UP Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BLACK IT UP Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions or any Service Terms are reserved and retained by BLACK IT UP or its licensors, suppliers, publishers, rightsholders, or other content providers. No BLACK IT UP Service, nor any part of any BLACK IT UP Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BLACK IT UP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BLACK IT UP without express written consent. You may not use any meta tags or any other “hidden text” utilizing BLACK IT UP’S name or trademarks without the express written consent of BLACK IT UP. You may not misuse the BLACK IT UP Services. You may use the BLACK IT UP Services only as permitted by law. The licenses granted by BLACK IT UP terminate if you do not comply with these Terms and Conditions or any Service Terms.
If you use any BLACK IT UP Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the BLACK IT UP Services only with involvement of a parent or guardian. BLACK IT UP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
RISK OF LOSS
All items purchased from BLACK IT UP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
BLACK IT UP does not take title to exchanged items until the item arrives at our fulfillment center.
BLACK IT UP attempts to be as accurate as possible. However, BLACK IT UP does not warrant that product descriptions or other content of any BLACK IT UP Service is accurate, complete, reliable, current, or error-free. If a product offered by BLACK IT UP itself is not as described, your sole remedy is to exchange it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BLACK IT UP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLACK IT UP SERVICES ARE PROVIDED BY BLACK IT UP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BLACK IT UP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BLACK IT UP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLACK IT UP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BLACK IT UP SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BLACK IT UP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLACK IT UP DOES NOT WARRANT THAT THE BLACK IT UP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLACK IT UP SERVICES, BLACK IT UP’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BLACK IT UP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLACK IT UP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BLACK IT UP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BLACK IT UP SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any BLACK IT UP Service, or to any products or services sold or distributed by BLACK IT UP or through BlackItUp.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any BLACK IT UP Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and BLACK IT UP.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of BLACK IT UP Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
HOW TO SERVE A SUBPOENA
If you have a subpoena to serve on BLACK IT UP, please note that BLACK IT UP does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on BLACK IT UP, preferably by mailing the subpoena to Corporation Service Company (CSC), BLACK IT UP national registered agent.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information.
Additional BLACK IT UP Software Terms
- Use of the BLACK IT UP Software.You may use BLACK IT UP Software solely for purposes of enabling you to use and enjoy the BLACK IT UP Services as provided by BLACK IT UP and as permitted by the Terms and Conditions, these Software Terms and any Service Terms. You may not incorporate any portion of the BLACK IT UP Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the BLACK IT UP Software or otherwise assign any rights to the BLACK IT UP Software in whole or in part. You may not use the BLACK IT UP Software for any illegal purpose. We may cease providing any BLACK IT UP Software and we may terminate your right to use any BLACK IT UP Software at any time. Your rights to use the BLACK IT UP Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms and Conditions or any other Service Terms. Additional third party terms contained within or distributed with certain BLACK IT UP Software that are specifically identified in related documentation may apply to that BLACK IT UP Software (or software incorporated with the BLACK IT UP Software) and will govern the use of such software in the event of a conflict with these Terms and Conditions. All software used in any BLACK IT UP Service is the property of BLACK IT UP or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering.You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the BLACK IT UP Software, whether in whole or in part, or create any derivative works from or of the BLACK IT UP Software.
- In order to keep the BLACK IT UP Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users.You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the BLACK IT UP Software. If you are a U.S. Government end user, we are licensing the BLACK IT UP Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the BLACK IT UP Software are the same as the rights we grant to all others under these Terms and Conditions