Black Box Game - The Game for Swingers and Adventurous couples.

1. Acceptance of Terms

Black Box Enterprises, LLC ("Site" or "we", "us", "our"), provides public access to our website, located online (the "Site"). The use of the site is subject to your acceptance of this Website User Agreement ("Agreement").

By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact us by e-mail before using the Site.

2. Users

Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement.

3. Eligibility

You must be eighteen or over to use this Site or to order the products on this site. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and will abide by all of the terms and conditions of this Agreement, that you are at least 18-years old, and wish to have access to visual images and written descriptions of a sexually oriented nature. The materials, which are available within this Site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old or anyone who is offended by such materials or who does not wish to be exposed to such materials.

By using and/or viewing this Site you represent and warrant the following:

a) That you are an adult, at least 18-years of age.

b) That you will not permit any person(s) under 18-years of age to access or use this Site.

c) That you understand that when you gain access to this site, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so because you want to view, read and/or hear the various materials which are available for your own personal enjoyment, information and/or education.

d) That you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.

e) That you represent and warrant that you have not and will not use and/or view the Site in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

4. Returns

We accept returns of items within 30 days of the original purchase. The items must be in new (unused) condition and have all pieces included without visible wear and ready for sale again. We don’t refund original shipping costs or cover those incurred to return the item to us. We must receive the game back within 30 days of the original purchase

5. Satisfaction Guarantee

Our commitment to you is that The Game will be the greatest lifestyle or swinger game you have ever played or we will refund your money – it’s that simple. We want you to be happy with your purchase. If there is any reason we have failed to meet your expectations, we will refund your purchase provided you return The Game to us within 30 days. We do, however, require that you pay to ship the item back to us, and any shipping fees originally paid on your order are non-refundable.

6. Declined Credit Card and Address No-Match Policy

If your credit card is declined or if the billing address you provide us does not match the billing address on file with your credit card, we will contact you via email to notify you. Please make sure that you provide an accurate e-mail address and check your e-mail after you place an order.

If your credit card is declined or you do not provide a correct billing address, the products that you ordered will no longer be held for you, so it is important that you respond as quickly as possible so that we do not sell out of the item you have ordered. In the event that we do sell out, your order will be put on the backorder list and we will ship it as soon as another shipment arrives.

7. Ordering

We accept orders only through our website for shipment within the United States. We do not currently accept International order. Also, we cannot fulfill orders placed over the phone or through email. Upon receipt of your order we will send an email confirmation to the email address you provide us with a link that will allow you to track that order. If you place an order with us and don't get a confirmation email check your "junk" mail folder - it will probably be in there. Otherwise, send us an email to service@blackboxgame.com and we will resend the confirmation. Once your order ships you will receive another email with tracking information if your shipping option has this feature available.

8. Payment Options

We accept Visa and MasterCard. In addition, we provide an option to pay through PayPal. In the event you would like The Game shipped to an address that is different from you credit card billing address, please use PayPal. We are unable to accept Visa and MasterCard orders where your shipping and billing address do not match. Charges for the game will appear on your credit card statement as “Black Box Enterprises, LLC.”

9. Tax

If you reside within the State of Colorado, you will be charged the appropriate State and /or Local sales tax during the order checkout process. You will only be charged tax if you are a resident of Colorado. We are required by law to charge sales tax on orders shipped to Colorado addresses, which is calculated and itemized during the online ordering process. No sales tax will be applied to orders shipped to addresses in other states.

10. When will I receive my Order?

We are not responsible for shipping delays that are a result of credit card/billing problems, or order changes made after the order has been placed. If your order is received, the inventory is in stock and your credit card information matches the information you supplied with your order, here is what you can expect.

a) Shipping

We guarantee shipping within 24 hours of your order or by the next business day. Also, each game is shipped discretely in a DHL delivery service box with the return address shown as BBE, LLC. In order to serve you most efficiently, we offer two shipping options:

2nd Day Air Service (2 days) - $20.95

Ground (4-6 days) - $8.95

Once your package is shipped, we will email a tracking number to you. All shipments to Hawaii, Alaska and Puerto Rico will be fulfilled through the U.S. Postal Service and do not receive a tracking number. We do not ship orders outside of the United States.

Ground - If your order is placed M-F, before 1 P.M. MST, your order will usually leave our facility the same day you order it. DHL picks up from our facility at the end of the day during the week, so the following day is considered shipping day number one. To judge how long it will take DHL to get your package from our facility to your doorstep, you can visit http://www.dhl-usa.com. We ship from the following zip code: 80004.

 

2nd Day Air- If your order is placed M-F, before 1 P.M. MST, your order will leave our facility the same day you order it. DHL picks up from our facility at the end of the day during the week, so the following day is considered shipping day number one. Your order will arrive on your doorstep in two days, starting with shipping day number one.

IMPORTANT EXCEPTIONS: DHL does not pick up or deliver orders on Saturday, Sunday, or major holidays. The days that DHL is not picking up or delivering are NOT considered shipping days. When counting up your shipping days, consider this important information.

*We are not responsible for DHL’s performance. Once a package leaves our facility, it is out of our hands. If you need to file a claim for a package that was lost during shipping, please contact our shipping department, and we will file the claim, on your behalf, with DHL. DHL only guarantees and accepts claims for 2nd Day Air, (not ground). DHL does not guarantee all air shipments during the Christmas holiday. Please see their website for all details.

USPS Priority Mail - We only ship USPS priority mail, which, on average, takes three shipping days. USPS orders are usually shipped the following shipping day, (M-F), after the order is placed. Priority Mail is not guaranteed by the Postal Service or us. There is no way to track or file claims for orders shipped with the U.S. Postal Service.

 

11. Privacy

You agree that you have read and understand the terms of the Site Privacy Policy, which can be accessed at Privacy Policy.

12. Use of the Site

You understand that this site cannot and does not guarantee that the Sites will be free of infection from viruses or other computer infections that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures (anti-virus software, etc.) and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

13. Risk: Internet Use

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE INDUVIDUALS ON THE INTERNET THAT MAY ATTEMPT TO INTERCEPT YOUR DATA TRNSMISSIONS, ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY. ACCORDINGLY, YOU ARE SOLELY RESPONSIBLE FOR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE SITE.

14. Warranties

SITE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET USER REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

SITE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.

SITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

15. System Outages

Site periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. Site shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

16. Indemnification

You agree to indemnify, defend and hold Black Box Enterprises, LLC and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Site's defense of any claim. Black Box Enterprises, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of us.

16. Intellectual Property

The contents of the Site and the products sold on the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of the site and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of us.

You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site and the products sold on the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by us.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of our Black Box Enterprises, LLC or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Black Box Enterprises, LLC copyright.

17. Policy Regarding Copyright Infringement and Designation of a Copyright Agent

Our site’s policy regarding copyright infringement and our designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:

Black Box Enterprises, LLC respects the intellectual property rights of others and requires those that visit our web site to do the same. We may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. We also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.

If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify our Webmaster by written notice. The notice should include the following information:

- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

18. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF BLACK BOX ENTERPRISES, LLC OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL COMPANIES TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO SUMS FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF SLMS, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.

19. Your Account and Membership Obligations

In consideration of your use of the Site you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.

You are responsible for maintaining the confidentiality of your password, account number, and site membership number (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. We shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.

20. No Endorsement of Content and Links to Other Web Sites

Links, if any, to other sites are provided as merely a convenience to the Users of this Site. Black Box Enterprises, LLC has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Black Box Enterprises, LLC does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.

21. User Feedback

Should any User respond to Black Box Enterprises, LLC with any information, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, Black Box Enterprises, LLC products or services or otherwise ("Comments"), such Comments shall be deemed to be non-confidential. Black Box Enterprises, LLC shall have no obligation of any kind with respect to such Comments and shall be free to reproduce, use, disclose and distribute the information to others in accordance with our Privacy Policy.

22. Acceptable and Lawful Use of the Site

Any information provided to in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Black Box Enterprises, LLC or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail (i.e. "Spam").

23. The Rest of the Terms

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement. Any delay or failure by Black Box Enterprises, LLC, at any time or times, to require performance of any provision hereof shall in no manner affect Black Box Enterprises, LLC'S right at a later time to enforce such provision. No delay or failure by Black Box Enterprises, LLC in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Black Box Enterprises, LLC. Black Box Enterprises, LLC may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Black Box Enterprises, LLC and you pertaining to the subject matter hereof.

In order to protect our customers Black Box Enterprises, LLC reserves the right to ship packages signature required.

24. Amendments and Modifications

In its sole discretion, Black Box Enterprises, LLC may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Black Box Enterprises, LLC reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone.

25. Termination

Black Box Enterprises, LLC may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by contacting us.

26. Correspondence

Official correspondence regarding this Agreement must be sent via postal mail to:

BLACK BOX ENTERPRISES, LLC
Attn: General Counsel
12322 W. 64th Avenue, Suite 122

Arvada, CO 80004