1. Agreement to these terms
These Terms of Service ("Terms") govern your access to and use of the BLACKENOUT website at https://www.blackenout.com, our online store, checkout, accounts, custom print services, artist submission flows, and any related features (collectively, the "Services"). By browsing the site, creating an account, placing an order, uploading files, or submitting artwork, you agree to these Terms and our Privacy Policy.
If you do not agree, do not use the Services. We may update these Terms from time to time. Material changes will be posted on this page with a revised "Last updated" date. Continued use after changes take effect means you accept the updated Terms.
2. Who operates the store
The Services are operated by BLACKENOUT ("we", "us", "our"). References to "BLACKENOUT" include the brand, website, and store operations behind blackenout.com.
For questions about these Terms, orders, custom work, or artist submissions, contact us at admin@blackenout.com.
3. Eligibility
You must be at least the age of majority in your province or territory of residence to place an order or enter a binding contract with us. If you are under that age, you may use the Services only with involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf.
You represent that the information you provide is accurate, current, and complete, and that you have the legal capacity and authority to agree to these Terms.
4. Accounts and security
Some features require an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly if you suspect unauthorized access.
We may suspend or terminate accounts that violate these Terms, appear fraudulent, or create risk for the store, other customers, or fulfillment partners.
5. Products and made-to-order fulfillment
BLACKENOUT sells apparel, accessories, and related merchandise. Unless we clearly state otherwise, products are produced after you place an order through print-on-demand and fulfillment partners. That means items are not held in our own warehouse before purchase.
- Product images, mockups, and descriptions are for illustration. Minor variations in colour, fabric, print placement, or texture can occur because of garment blanks, screens, lighting, and production methods.
- We may change designs, availability, sizing charts, or product listings at any time without notice.
- We reserve the right to refuse, cancel, or limit any order for any lawful reason, including suspected fraud, pricing errors, unavailable inventory at our fulfillment partner, or content that violates these Terms.
6. Prices, taxes, and currency
All prices displayed on the storefront are in Canadian dollars (CAD) unless we clearly state otherwise at checkout. Applicable sales taxes, shipping, and duties (where charged) are shown or calculated before you complete payment.
We try to keep pricing accurate, but errors can happen. If we discover a material pricing or description error, we may cancel the affected order and issue a full refund rather than ship at an incorrect price.
7. Orders and payment
When you place an order, you make an offer to purchase the items in your cart. An order is accepted only after we (or our payment processor) confirm successful payment and we begin processing the order for production.
- Payments are processed by Stripe. We do not store full payment card numbers on our servers.
- You authorize us and our payment processor to charge the total shown at checkout, including product subtotal, shipping, and applicable taxes.
- You are responsible for providing a valid email address and accurate billing and shipping information.
- Order confirmations and receipts may be sent to the email address provided at checkout.
8. Production, fulfillment, and shipping
After payment, orders are sent for production and fulfillment through third-party print-on-demand partners such as Printful. Production time varies by product, facility, season, and order volume.
- Shipping options, costs, and estimated delivery windows are shown at checkout when available.
- Tracking information is provided when the carrier accepts the package.
- Items in the same order may ship separately if they are produced at different facilities or finish at different times.
- Risk of loss passes to you when the carrier delivers the package to the address you provided, subject to applicable consumer protection laws.
See our Shipping page for more detail on production timing and delivery expectations.
9. Cancellations and address changes
Because production often begins shortly after checkout, cancellations and address changes may not be possible once an order is submitted to fulfillment. Contact us immediately at the email above with your order number if you need help.
We are not responsible for failed delivery caused by an incorrect or incomplete address you provided. Additional shipping charges may apply if a package must be re-sent because of customer-provided address errors.
10. Returns, refunds, and exchanges
Because products are made to order, we generally do not accept returns or exchanges for change of mind, wrong size selection, wrong colour selection, or buyer remorse once production has started.
We will review legitimate quality issues, including items that arrive damaged, materially misprinted, or clearly different from what was ordered. Report problems promptly with your order number and clear photos.
- Approved claims may be resolved by replacement, store credit, or refund at our discretion.
- Refunds, when issued, are returned to the original payment method unless we agree otherwise.
- Nothing in these Terms limits rights you may have under applicable Canadian consumer protection laws.
See our Returns page for reporting steps and examples of covered issues.
11. Custom uploads and personalized orders
If you upload artwork, text, logos, or other files for custom or personalized products, you represent and warrant that you own or control all necessary rights to use that material and to authorize us and our fulfillment partners to reproduce it on merchandise.
- You are solely responsible for the content you submit, including spelling, placement notes, and file quality.
- You may not upload third-party logos, brand names, copyrighted characters, celebrity likenesses, sports team marks, stock assets used outside their license, or any other material you are not authorized to print.
- Low-resolution, improperly sized, or incorrectly formatted files may print poorly. We are not liable for output that reflects the file you supplied.
- We may refuse, cancel, or remove production of content that is unlawful, infringing, deceptive, or otherwise inconsistent with our brand standards or Copyright & Intellectual Property Policy.
- Custom and personalized items are generally not returnable except for production defects or errors we caused.
See our Copyright & Intellectual Property Policy for prohibited content examples and how to report concerns.
12. Artist and design submissions
From time to time we invite artists and community members to submit original work for possible collaboration, credit, and merch production. Submission does not guarantee selection, production, payment, or ongoing partnership.
- You confirm that submitted work is your original creation and that you have all rights needed to submit it, including rights in any references, fonts, or elements incorporated into the piece.
- You must not submit traced, copied, or AI-generated work that reproduces another artist's protected expression without permission.
- Submitting work grants us a non-exclusive right to review, store, display internally, and contact you about the submission.
- If we move forward with a design, we will discuss terms such as credit, compensation, and usage before production. Unless we sign a separate written agreement stating otherwise, you retain ownership of your underlying artwork.
- We may remove or decline submissions that infringe third-party rights, violate law, or do not fit the store direction.
The submission language shown on the artist submissions page at the time you submit also applies and is incorporated into these Terms.
13. Our intellectual property
The BLACKENOUT name, logos, site design, product photography we create, catalog designs we own, and other store content are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
- You may not copy, modify, distribute, sell, or exploit store content without our prior written permission.
- Purchasing a product gives you ownership of the physical item, not ownership of the underlying artwork or branding.
- Artist credit on a product page does not grant you any license to reproduce that artwork outside personal use of the item you purchased.
14. User content and licenses
You retain ownership of artwork and files you submit, subject to the licenses you grant us below. You are solely responsible for your content and for any claim arising from it.
- For custom orders, you grant us and our fulfillment partners a non-exclusive license to use your uploaded files solely to produce and deliver your order.
- For artist submissions, you grant us a non-exclusive license to review and evaluate the submission and contact you about possible collaboration.
- You represent that your content does not infringe any third-party rights and that you have obtained all necessary permissions and releases.
15. Copyright and IP complaints
We respect intellectual property rights and respond to credible complaints. Our Copyright & Intellectual Property Policy at https://www.blackenout.com/support/copyright describes prohibited content, repeat-infringement rules, and how rights holders can contact us.
To report infringement, email admin@blackenout.com with the subject line "IP Complaint" and include identification of the work, the location on our site, your contact information, and a statement that you are authorized to act for the rights owner. We may remove or disable access to disputed material and may forward notices as required by law.
16. Acceptable use
You agree not to misuse the Services. Prohibited conduct includes:
- Violating any applicable law or regulation
- Uploading malware, scraping the site in ways that harm performance, or attempting unauthorized access
- Submitting false orders, fraudulent chargebacks, or stolen payment credentials
- Impersonating another person or misrepresenting your affiliation
- Using the store to produce items that promote illegal activity, violence, harassment, or discrimination
- Uploading or ordering products that bear logos, artwork, names, or other content you do not have the right to reproduce
- Interfering with other customers, fulfillment partners, or our operations
17. Third-party services
The Services rely on third parties such as Stripe (payments), Printful and carriers (production and shipping), Supabase (data infrastructure), and hosting providers. Your use of those services may also be subject to their terms and privacy policies.
We are not responsible for third-party websites linked from the store or for delays, outages, or acts of third parties outside our reasonable control.
18. Disclaimers
The Services and products are provided on an "as is" and "as available" basis to the fullest extent permitted by law. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimers are not allowed.
We do not guarantee uninterrupted access to the site, error-free checkout, or exact colour matching between screens and printed garments.
19. Limitation of liability
To the fullest extent permitted by applicable law, we and our officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption arising from your use of the Services or any product purchased through the store.
Our total liability for any claim arising out of or relating to the Services or a product order will not exceed the greater of (a) the amount you paid us for the order giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100), except where a higher limit is required by law.
20. Indemnification
You agree to defend, indemnify, and hold harmless us and our partners from claims, damages, losses, and expenses (including reasonable legal fees) arising from your content uploads, artist submissions, violation of these Terms, infringement or misappropriation of another party's intellectual property or publicity rights, or any order you place using material you were not authorized to reproduce.
21. Governing law
These Terms are governed by the laws of Canada and the province in which we primarily operate the store, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer, you may also have rights under the consumer protection laws of your province or territory that cannot be waived by contract.
22. Dispute resolution
We prefer to resolve concerns directly. Before starting formal proceedings, contact us at the email above with a clear description of the issue and your order details. We will try to respond within a reasonable time.
Except where prohibited by law, you agree that any dispute arising from these Terms or the Services will be brought in the courts located in the province in which we primarily operate, and you consent to personal jurisdiction there.
23. General provisions
- If any provision of these Terms is held invalid, the remaining provisions remain in effect.
- Our failure to enforce a provision is not a waiver of that provision.
- You may not assign your rights under these Terms without our consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
- These Terms, together with the Privacy Policy and any order-specific communications, form the entire agreement between you and us regarding the Services.
24. Contact
Questions about these Terms can be sent to admin@blackenout.com. Please include your order number when writing about a purchase.