Terms of service

OVERVIEW
Welcome to BlackoutATV! The terms “we”, “our” and “us” refer to BlackoutATV. BlackoutATV operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the “Services”). BlackoutATV uses the Shopify platform, which enables us to provide the Services.
The terms and conditions below, together with the policies referenced in them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your state or province of residence and give us your permission to allow your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing and shipping information, and payment details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide this information.
You are solely responsible for the security of your login credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS
We have made every effort to present our products and services accurately in our online store. Please note, however, that product colours or appearance may differ from what is displayed on your screen due to the type of device you use to access the store and its settings and configuration.
We do not warrant that the appearance or quality of products or services you have purchased will meet your expectations or be identical to what is presented or rendered in our online store.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue a product at any time and may limit the quantities of products offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you make an offer to purchase. BlackoutATV reserves the right to accept or refuse your order for any reason, at its discretion. Your order is considered accepted only after written confirmation from BlackoutATV. We must receive and process your payment before your order is validated. Please check your order carefully before submitting it, as BlackoutATV may be unable to accept cancellation requests once the order has been confirmed. If an order is refused, changed or cancelled, we will attempt to contact you using the email address, billing address and/or telephone number provided with the order.
Your purchases are subject to the return or exchange conditions in our Refund Policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping, handling, duties or import charges.
Prices displayed in our online store may differ from those offered in our physical stores or on other platforms operated by third parties. From time to time, we may offer promotions on the Services that affect prices and are governed by terms and conditions separate from these Terms. If the terms of a promotion conflict with these Terms, the promotion's terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
You further represent and warrant that: (i) the credit card information you provide is accurate, correct and complete; (ii) you are authorized to use the card for the purchase; (iii) charges you incur will be honoured by your card issuer; and (iv) you will pay the charges you incur at the prices displayed, including shipping and handling charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We cannot be held responsible for delivery or shipping delays. All delivery times indicated are estimates and are not guaranteed. We disclaim all responsibility for delays caused by carriers, customs clearance or any event beyond our control. As soon as products are handed over to the carrier, ownership and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio content, and their design, selection and arrangement, are the exclusive property of BlackoutATV, its affiliates or licensors. They are protected by United States and foreign patent, copyright and intellectual property laws.
These Terms authorize you to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing may be interpreted as granting you a licence or any other right in any patent, trademark, copyright or other intellectual property of BlackoutATV, Shopify or a third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by BlackoutATV.
The names, logos, product and service names, designs and slogans of BlackoutATV are trademarks of BlackoutATV, its affiliates or licensors. You may not use them without BlackoutATV's prior written permission. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may use customer tools provided by third parties as part of the Services, which we do not monitor and over which we have no control or ability to contribute.
You acknowledge and agree that we provide access to these tools “as is” and “as available”, without any warranty, representation or condition of any kind and without any endorsement on our part. We disclaim all liability arising from or relating to your use of optional third-party tools.
You use any optional tools offered on the website entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and approve the terms governing these tools, as defined by the relevant third-party providers.
We may also, in the future, offer new features through the Services, including new tools and resources. These new features will be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access those materials or websites, you do so at your own risk.
We disclaim all liability for any harm or damage related to your access to third-party websites, or your purchase or use of products, services, resources or content on those websites. We encourage you to carefully review the policies and practices of third parties and ensure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services must be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]
BlackoutATV is powered by Shopify, which allows us to provide the Services to you. However, any sale or purchase made in our Store is conducted directly with BlackoutATV. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and BlackoutATV, including any damage, injury or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchase and transaction with BlackoutATV.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here, and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties who may be located in countries other than your country of residence, to provide the Services to you. Please see our Privacy Policy for further details on how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or any other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and non-exclusive licence to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial purposes. For example, we may use our rights in the Feedback to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms of Service. We are not and will not be under any obligation (1) to keep Feedback confidential; (2) to compensate you for Feedback; or (3) to respond to Feedback.
We may, but are not required to, monitor, modify or remove any Feedback that we deem, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Services or any connected website. You may not use a false email address, impersonate someone else or otherwise mislead us or third parties about the origin of your Feedback. You are solely responsible for the Feedback you publish and its accuracy. We disclaim all liability for Feedback published by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies or omissions, including product descriptions, prices, promotions, offers, shipping costs, transit times or availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders if any information is inaccurate, at any time and without notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes the intellectual property rights of BlackoutATV, Shopify or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to send or facilitate sending advertising or promotional material, including spam, chain letters or other similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, in our opinion, could harm BlackoutATV, Shopify or users of the Services, or expose them to liability of any kind.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code that could affect the operation or performance of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming or pretexting; (e) use robots, spiders, scraping, data collection or extraction tools, automated systems, AI tools (including agentic AI), or any automated or manual means to access the Services; (f) interfere with, circumvent or neutralize any security or authorization features, exclusion headers or other measures we put in place to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, authorize, enable or cause an Agent to be deployed to access, use or interact with the Services. An “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity, and that may run on a device owned or used by that person or entity without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the conditions set out in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have asked that Agent to refrain from accessing, using or interacting with any service.
14.3 We may limit, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or obscure the fact that access, use or interactions originate from an Agent, including by (a) imitating human behaviour or interaction patterns, or (b) circumventing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or avoid any measure intended to block, limit, change or control access to, use of or interactions with the Services.

SECTION 15 - TERMINATION
We reserve the right, at our sole discretion, to terminate this agreement or your access to the Services, in whole or in part, at any time and without notice. You will remain liable for all amounts due up to and including the termination date.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature requires it to survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
Information presented on or through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and responsibility for any consequences arising from the use of this information by you, any other visitor to the Services or anyone informed of its content.
UNLESS EXPRESSLY STATED BY BlackoutATV, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BlackoutATV, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL INJURY OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR OTHER SIMILAR HARM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BlackoutATV, Shopify, and our affiliates, partners, directors, officers, employees, agents, contractors, licensors and service providers, from any loss, damage, liability or claim, including reasonable legal fees, due to a third party and arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim covered by this indemnity, provided that failure to notify you promptly will not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defence and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent, which you may not unreasonably withhold. You will cooperate in the defence of claims covered by this indemnity, including by providing relevant documents.

SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules we publish on this website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreement, communication or proposal, whether oral or written, between you and us, including without limitation any previous versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted unauthorized assignment will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreement under which we provide Services to you will be governed by and interpreted in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where BlackoutATV has its head office. You and BlackoutATV expressly consent to the territorial and personal jurisdiction of those courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not affect or limit the interpretation of these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by publishing updates and changes on our website. You are responsible for checking our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and those changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms have been published constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
For any questions about these Terms of Service, please contact us at: shopify@blackoutatv.com.
Our contact details are provided below:
Legal name: BlackoutATV
Email: shopify@blackoutatv.com
NEQ: 2282352527