Terms & Conditions

BlackerFriday.com Web Site Terms:

Welcome to the BlackerFriday.com web site located at www.blackerfriday.com (“Site”), which is operated by BlackerFriday.com (“BlackerFriday.com”, “we”, or “us”). By using the Site after having been afforded an opportunity to review the following terms and conditions concerning your use of the Site (“Terms”), you are indicating that you agree to follow and be bound by the Terms. These Terms were last revised on February 21, 2013.

1.0 Privacy Policy

We take your privacy seriously. This policy describes what personal information we collect and how we use it. (This privacy policy is applicable to websites falling under the primary holder www.blackerfriday.com.)

1.1 Routine Information Collection

All web servers track basic information about their visitors. This information includes, but is not limited to, IP addresses, browser details, timestamps and referring pages. None of this information can personally identify specific visitors to this site. The information is tracked for routine administration and maintenance purposes, and lets me know what pages and information are useful and helpful to visitors.

1.2 Cookies and Web Beacons

Where necessary, this site uses cookies to store information about a visitor’s preferences and history in order to better serve the visitor and/or present the visitor with customized content.

Advertising partners and other third parties may also use cookies, scripts and/or web beacons to track visitors to our site in order to display advertisements and other useful information. Such tracking is done directly by the third parties through their own servers and is subject to their own privacy policies.

1.3 Controlling Your Privacy

Note that you can change your browser settings to disable cookies if you have privacy concerns. Disabling cookies for all sites is not recommended as it may interfere with your use of some sites. The best option is to disable or enable cookies on a per-site basis. Consult your browser documentation for instructions on how to block cookies and other tracking mechanisms.

1.4 Special Note About Google Advertising

Any advertisements served by Google, Inc., and affiliated companies may be controlled using cookies. These cookies allow Google to display ads based on your visits to this site and other sites that use Google advertising services. Learn how to opt out of Google’s cookie usage. As mentioned above, any tracking done by Google through cookies and other mechanisms is subject to Google’s own privacy policies.

About Google advertising: What is the DoubleClick DART cookie? The DoubleClick DART cookie is used by Google in the ads served on publisher websites displaying AdSense for content ads. When users visit an AdSense publisher’s website and either view or click on an ad, a cookie may be dropped on that end user’s browser. The data gathered from these cookies will be used to help AdSense publishers better serve and manage the ads on their site(s) and across the web. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

1.5 Use of Site Content
(a) Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by BlackerFriday.com or BlackerFriday.com third party licensors (“Content”) is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized herein or in writing by BlackerFriday.com. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and BlackerFriday.com and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.
(b) Except as provided in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of BlackerFriday.com. Requests for such permission should be made to .

2. You may without our permission: (a) Download, view and print Content, but only if:
1) the Content is used solely for personal, informational, or internal business purposes;
2) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
3) all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
4) the Content is not modified or altered in any way; and
5) no graphics are used separately from accompanying text.

(b) Link or hyper-link to the home page of the Site from any Qualified Site, but only if:
1) you notify us by email at specifying the URL of each page from which you will be linking to our home page;
2) you do not frame the Site or any portion of the Site;
3) you do not deep link into the Site (i.e., you do not link into any page other than the home page);
4) the link or hyper-link to the Site is not used in a way that suggests that BlackerFriday.com endorses you or your web site;
5) the link is identified using a plain text rendering of the BlackerFriday.com name and not any trademark or logo of BlackerFriday.com;
6) the link or hyper-link to the Site is not used or presented in any way that disparages BlackerFriday.com or tarnishes, blurs, or dilutes the quality of its or their names or trademarks or any associated goodwill;
7) the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
8 ) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
“Qualified Site” means a web site that displays no Objectionable content, is not owned or controlled by a competitor to BlackerFriday.com and the content of which is not competitive to the Site.
“Objectionable” means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (a) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (b) a reasonable person would consider harassing, abusive, threatening, obscene or excessively violent, or (c) constitutes a breach of any person’s privacy or publicity rights, hate speech or an infringement of any third party’s intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (d) violates or encourages other to violate any applicable law.
3. You may not under any circumstance:
• Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
• Delete, modify or attempt to change or alter any of the Content on the Site;
• Use any device, software or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties’ use of the Site;
• Use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations;
• Use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
• Use any BlackerFriday.com names or trademarks as metatags or hidden text.

4. Use of Interactive Components of Site
The Site may contain message boards, blogs, forums, chat rooms, and/or other interactive functions (collectively, “Site Forums“). The functionality of the Site may allow you to provide content (including, without limitation, text or photographs, video or other graphics), e-mail communications or other information that is to be posted on or through the Site (collectively, as provided by any user “Forum Information”). You acknowledge that (i) BlackerFriday.com does not necessarily pre-screen Forum Information; (ii) BlackerFriday.com does not endorse or adopt (and has not necessarily reviewed) any Forum Information nor assumes any responsibility for any material therein; and (iii) BlackerFriday.com shall have the right (but not the obligation) in its sole discretion to refuse or remove any Forum Information on the Site and to edit or delete any Objectionable material. If you believe that BlackerFriday.com has acted mistakenly with respect to certain Forum Information or other content, you may contact us at , in which case we may investigate the matter further. We reserve the right, however, to take no further action.

In the event that you post or make accessible communications or other materials that infringe the copyrights of a third party, BlackerFriday.com shall terminate your access to the Site in accordance with BlackerFriday.com copyright infringement policy as set forth below. If you believe that Forum Information remains on the Site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us.

In addition to the restrictions on disclosure of Personal Information as set forth in BlackerFriday.com Privacy Policy, BlackerFriday.com will not edit, delete or disclose the contents of your personally identifiable information submitted in connection with your Forum Information or your use of the Site unless: (1) you authorize BlackerFriday.com to do so; (2) you yourself disclose your identity or other personal information about yourself in a Site Forum or as part of Forum Information posted to an area of the Site accessible to other users; or (3) if BlackerFriday.com is required to do so by law or in the good faith belief that such action is necessary to: (a) conform with applicable laws or comply with legal process served on BlackerFriday.com; (b) protect and defend the rights or property of BlackerFriday.com or another user; or (c) enforce these Terms. The foregoing notwithstanding, in the event you submit personally identifiable information as part of your use of a Site Forum, including without limitation, your email address, you understand and agree that all such personally identifiable information so submitted may be disclosed within the Site Forums to other users. Personally identifiable information submitted by you as part of your use of a Site Forum, is explicitly excluded from the BlackerFriday.com Privacy Policy.

By submitting any content or Forum Information to the Site, including message boards, forums, contests and chat rooms, you grant us and our contractors and affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (either publicly or by digital audio transmission) the content or Forum Information (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, subject to our Privacy Policy with respect to your Personal Information (as defined in the Privacy Policy). You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

5. Submissions
Please note that BlackerFriday.com does not accept unsolicited ideas, proposals or similar materials (“Unsolicited Materials“). BlackerFriday.com is not responsible for the similarity of any of our content or any other materials to any Unsolicited Materials transmitted to us. Should you send any Unsolicited Materials, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against BlackerFriday.com or its affiliates regarding the use of such Unsolicited Materials. The purpose of this policy is to avoid potential misunderstandings or disputes when BlackerFriday.com materials might seem similar to ideas submitted to it.

6. Marks
Certain product, service, or company designations for companies other than BlackerFriday.com may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where BlackerFriday.com is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

7. Modifications To Terms
BlackerFriday.com may change these Terms from time to time. Your continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.

8. Termination of Site/Modifications To Site
BlackerFriday.com reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, and 3-18 of these Terms shall survive any termination of these Terms or your right to access to the Site. You acknowledge and agree that BlackerFriday.com will not be liable to you or any third party in the event that BlackerFriday.com exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.

9. Privacy; Passwords
BlackerFriday.com will treat any information it collects from you in accordance with its Privacy Policy. Certain areas of the Site may require a password, and may require the user to register and provide certain data to BlackerFriday.com or BlackerFriday.com contractors. BlackerFriday.com may refuse to offer a password to any person and may change its criteria for access to the password-protected areas of the Site at any time, in its sole discretion. In consideration of use of these portions of the Site, you represent and warrant that, in registering and providing such data to BlackerFriday.com: (a) the information about yourself is true, accurate, current, and complete as required by various BlackerFriday.com registration forms (“Registration Information”); and (b) you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BlackerFriday.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BlackerFriday.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site. All Registration Information will be treated in accordance with BlackerFriday.com Privacy Policy. You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you.

10. Other Sites, Content, Products and Services
The Site may provide links to web sites and access to content, products and services of third parties, including without limitation, BlackerFriday.com affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“Other Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them. BlackerFriday.com is not responsible for (a) the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by BlackerFriday.com, or vice versa; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); or (c) any loss or damage of any sort you may incur from dealing with any third party.

11. Disclaimer
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLACKERFRIDAY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. BLACKERFRIDAY.COM MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

12. Limitation of Liability
IN NO EVENT SHALL BLACKERFRIDAY.COM OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF SUCH PARTY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnity
You agree to indemnify, defend and hold harmless BlackerFriday.com, its affiliates, shareholders, directors, officers, employees, contractors and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with (a) your use of or access to the Site or the Content or your linking to or emailing the Site, (b) the violation of these Terms by you, (c) the infringement by you, or any other person using your passwords or account, of any intellectual property or other right of any person or entity, or (d) your submission of any material to BlackerFriday.com or the Site or from any person’s use of any account or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
In the event that you have a dispute with one or more users, you release BlackerFriday.com (and our officers, directors, agents, contractors, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

14. Dispute Resolution
Any dispute arising out of or in connection with these Terms or your use of any Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in New York City, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent (a) to the non-exclusive jurisdiction of the State and Federal Courts located within New York City for any action (i) to compel arbitration, (ii) to enforce the award of the arbitrators or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.

15. General
If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in effect. BlackerFriday.com failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of California without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. BlackerFriday.com may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of BlackerFriday.com. These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by BlackerFriday.com on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

16. Copyright
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

BlackerFriday.com Mailing Address:

BlackerFriday.com
848 N. Rainbow Blvd. #3355
Las Vegas, NV 89107

17. Acknowledgment
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

18. Contact Information
If you have any questions regarding these Terms or the Site, please contact BlackerFriday.com at .