BLACKEDRAW.COM Refer a Friend Terms and Conditions
Thank you for participating in the BLACKEDRAW.COM Refer a Friend Program which is governed by these Terms and Conditions (“Terms and Conditions”). Please read them carefully.
1. BLACKEDRAW.COM Refer a Friend Program
BLACKEDRAW.COM reserves the right to terminate the Program at any time for any reason.
These Terms and Conditions shall apply to Participants’ (as defined below) participation in the Program. These Terms and Conditions are supplementary to and should be read in conjunction with any applicable BLACKEDRAW.COM Terms and Conditions.
Participant may elect to participate or not participate in the Program at Participant’s discretion. By participating in the Program, Participant agrees to use the Program in the manner specified in these Terms and Conditions. If a User or Potential Customer does not agree to these Terms and Conditions in their entirety they will not be authorized to register as a Referrer or Referred Customer or to participate in the Program. Participants may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
2. About BLACKEDRAW.COM
General Media Systems LLC, a Delaware Corporation. Any reference in these Terms and Conditions to “BLACKEDRAW.COM”, “us”, “our” or “we”, shall refer to General Media Systems LLC.
3. Participation in the Program
As used herein: “Referrer” means a User who refers Potential Customer(s); “Referred Customer” means a Potential Customer referred by Referrer under the Program; and “Participants” means “Referrers” and “Referred Customers” participating in the Program.
Users may participate in the Program by accessing “Refer a Friend” on BLACKEDRAW.COM, and following the on-screen instructions to refer as many Potential Customers as allowed to BLACKEDRAW.COM by entering each Potential Customer’s name and email addresses in the “Refer a Friend” box. Referrers must be valid BLACKEDRAW.COM Users that are not legally prohibited from providing the personal information (e.g., name and email address) of each Referred Customer.
Potential Customers may participate in the Program by completing the registration to BLACKEDRAW.COM via the Referral Link they receive from the Referrer. Potential Customers must be 18 years old or older and not legally prohibited from participating in the Program.
We reserve the right to disqualify any User or Referred Customer at any time from participation in the Program if such User or Referred Customer does not comply with any of these Terms and Conditions and/or with respect to a User, any other terms and conditions for BLACKEDRAW.COM.
Referrers must comply with their own local laws, and consider the local laws for the location of the person they are referring to the program. Under NO circumstances will a referrer send an invite to anybody of an age who would be restricted from viewing sexually explicit material in their geographical location.
4. Privacy; Use of Information
Participant acknowledges that if it/he/she chooses to participate in the Program, it/he/she may be required to submit to BLACKEDRAW.COM certain personal information about them such as name and e-mail address, and additional information reasonably requested by BLACKEDRAW.COM. A Participant’s participation in the Program constitutes permission to BLACKEDRAW.COM to use any Participant’s first and last name, company or business name, profile information, email address, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, unless prohibited by law.
Referrers shall as part of the referral under the Program be providing BLACKEDRAW.COM with e-mail addresses of Referred Customers. Referrers may not provide the e-mail addresses of a Potential Customer where legally prohibited.
Referred Customers may notify BLACKEDRAW.COM if they are not interested in receiving communications from BLACKEDRAW.COM and/or do not wish to participate in the Program by clicking “unsubscribe” in the first communication they receive via the Refer a Friend Program.
By participating in the Program, Participants agree to release and hold harmless BLACKEDRAW.COM and its respective affiliates and subsidiaries from any claim, demand, damage, loss, liabilities, costs or expenses (including legal fees, fines or penalties) caused by, arising out of, in connection with, or related to their breach of any applicable law or regulation and/or participation in the Program. This provision shall survive termination of the relationship between Participants and BLACKEDRAW.COM.
BLACKEDRAW.COM and its respective affiliates and subsidiaries shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. BLACKEDRAW.COM disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond BLACKEDRAW.COM’s control, corrupt the administration, security or proper administration of the Program.
BLACKEDRAW.COM and its respective affiliates and subsidiaries shall not be liable to any Participant for failure to provide any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of BLACKEDRAW.COM’s and its respective affiliates’ and subsidiaries’ control.
Under no circumstances will Participants be entitled to any claim for any losses or damages, and Participants hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased.
Participants agree not to use the Program to:
- Violate applicable law;
- Infringe the intellectual property rights of BLACKEDRAW.COM or any third parties;
- Stalk, harass, or harm another individual or use the Program in any way that may be offensive to another individual or entity, including but not limited to using the Refer a Friend email function to send out any content that may be considered offensive to another individual or entity.
- Collect or store personal data about other Participants, other than as set forth in these Terms and Conditions;
- Impersonate any person, or otherwise misrepresent Participant's identity;
- Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Participant's use of the Program;
- Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- Use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; and
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
BLACKEDRAW.COM may prohibit a Participant from participating in the Program, in its sole discretion, if it determines that such Participant is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of BLACKEDRAW.COM. Use of any automated system to participate is strictly prohibited and will result in disqualification. Participants may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program. BLACKEDRAW.COM reserves the right to disqualify any Participant it finds to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, BLACKEDRAW.COM RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION
7. Customer Support
Participants may contact BLACKEDRAW.COM for any issue and/or for any additional information, at any time through “Contact and Support”.
The Program is operated by General Media Systems LLC from the United States. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Delaware in the United States of America for operation of the services by BLACKEDRAW.COM.
Any disputes, controversies or claims arising out of or in connection with these Terms and Conditions or otherwise in connection the program shall be brought exclusively in the courts of the State of Delaware (except where prohibited by US law) who shall have exclusive jurisdiction in relation to same.
If any part of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law. BLACKEDRAW.COM’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver thereof.
BLACKEDRAW.COM reserves the right to make changes or additions to these Terms and Conditions for any reason at any time. BLACKEDRAW.COM reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.