TERMS & CONDITIONS

 

DarkScape.com Terms of Use (“Terms of Use”)

Last Updated:May 27th, 2024

Welcome to DarkScape, LLC’s website: www.darkscape.com (this “Website”). Please review the following terms and conditions before using this Website. By accessing or using this Website, you agree to be bound by these Terms of Use, as they may be modified from time to time.

Overview:

These Terms of Use apply to all visitors to or users of the Website, the home page of which is at www.darkscape.com. By using this Website, you agree to be bound by these rules and regulations. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity. Unless otherwise indicated, the DarkScape, LLC. Website and its contents (including, without limitation, all text, photographs, images, video, and audio) are the exclusive property of DarkScape, LLC. and are protected by copyright, trademark, trade dress, and other laws.

Limited License:

The DarkScape, LLC. Website and all of its materials, including, but not limited to, its software, HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by DarkScape, LLC. as a service to its current and prospective customers and visitors to the Website and may be used only for personal informational purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title, or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions:

(a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit this Website or any of its Materials without our express prior written permission;

(b) you may not access or use the DarkScape, LLC. Website for any competitive or commercial purpose; and

(c) you may not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. DarkScape, LLC. may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by DarkScape, LLC.

Trademarks:

DarkScape retains all rights regarding their trademarks, trade names, brand names, and trade dress. These marks, names, or trade dress, and all associated logos or images, are registered and/or common law trademarks of DarkScape, LLC. and are protected by U.S. and international laws and treaties. No license to the use of such marks, names, or trade dress is granted to you under these terms and conditions or by your use of the DarkScape, LLC. Website. Your misuse of the trademarks displayed on the DarkScape, LLC. Website is strictly prohibited. You are also advised that DarkScape, LLC. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

This Website may also contain references to other trademarks, trade names, brand names, and/or trade dress from entities other than DarkScape, LLC. These trademarks, trade names, brand names, and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with DarkScape, LLC.

Special Notice:

DarkScape has a no-tolerance policy regarding the use of our Trademarks and Trade Dress in metatags and/or hidden text. Specifically, the use of our Trademarks and Trade Dress in metatag keywords or in search engine tags or links is trademark infringement, and the use of our Trademarks and Trade Dress in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on our Website is prohibited without our express written permission. Framing, inline linking, or other association of our Website or its materials with links, advertisements, and/or other information not originating from our Website is also prohibited. You are also advised that we will enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

User Submissions:

The Website may permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including the general public, and, whether or not such User Submissions are published, DarkScape, LLC. does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.

By submitting User Submissions, you hereby grant to DarkScape, LLC. an unrestricted, nonexclusive, perpetual, royalty-free, worldwide, transferable, and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed, including, without limitation, broadcast and cable television, radio, mobile transmission, and the Internet, for any purpose whatsoever, including, without limitation, advertising, promotion, entertainment, or commercial purposes, without any payment to or further authorization by you. Under the license granted herein, DarkScape, LLC. shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation, or notice to you. DarkScape, LLC. does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. DarkScape, LLC. reserves the right to determine, in its sole discretion, whether User Submissions are appropriate and comply with these Terms & Conditions, including, without limitation, the Prohibited Uses of Website and Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.

In connection with User Submissions, you affirm, represent, and warrant to DarkScape, LLC. that:

(i) the content of your User Submission(s) is original (no lifts from previously published material, including music);

(ii) you own all right, title, and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to DarkScape, LLC. as set forth in the license granted above;

(iii) use of your User Submission(s) on the Website or otherwise by DarkScape, LLC., in whole or in part, will not infringe upon the rights of any third party, including, without limitation, any intellectual property or privacy rights; and

(iv) you have obtained written permission from any other person named, photographed, or otherwise depicted or whose voice is used in your User Submission(s), which will allow DarkScape, LLC. to utilize the User Submission(s) without compensation or objection. For clarity, DarkScape, LLC. obtains the license above but does not claim ownership of your User Submissions.

Prohibited Uses of Website and Services:

You shall not post, transmit, redistribute, upload, or promote any communications, content, or materials that:

(a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer;

(b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;

(c) contain chain letters or pyramid schemes;

(d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities;

(e) impersonate any person, business, or entity, including our company and our employees and agents;

(f) encourage conduct that would constitute a criminal offense;

(g) give rise to civil liability;

(h) otherwise violate any law; or

(i) in doing so, amounts to any conduct that, in the judgment of DarkScape, LLC., restricts, impairs, interferes, or inhibits any other user from using or enjoying the Website and/or our related services and products.

Notice of Copyright Infringement:

DarkScape does not permit copyright-infringing activities on the Website, and DarkScape, LLC. may remove any Materials if properly informed that any such Materials infringe on another’s copyright rights. DarkScape, LLC. will terminate a user’s ability to submit User Submissions if, under appropriate circumstances, such user is determined to be a repeat infringer.

If you are a copyright owner or an agent thereof and believe that any Material (including any User Submission) infringes upon your copyrights, you may notify DarkScape, LLC. by providing the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
• Identification of the location where the original or an authorized copy of the copyrighted work exists;
• Identification of the Material (including a User Submission) that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit DarkScape, LLC. to locate the same;
• Information reasonably sufficient to permit DarkScape, LLC. to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the Material (including a User Submission) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows: Director of Legal, DarkScape, LLC., 11035 Lavender Hill Drive, Suite 160-274, Las Vegas, NV 89135. You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

Products and Merchandise:

All features, specifications, products, and prices of products and services described on this Website are subject to change at any time without notice. From time to time, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Website does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.

Digital Content:

By purchasing any digital content from this Website, including but not limited to e-books and digital comics, you are acquiring a non-transferable, non-exclusive right to access and view the digital content for your personal, non-commercial use. You agree not to copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense, or otherwise transfer or use the digital content. Any additional terms and conditions provided with the digital content shall govern your use of such content.

Comments:

All comments, feedback, suggestions, ideas, and other communications (collectively, “Comments”) submitted or offered to DarkScape, LLC. in connection with your use of this Website shall be and remain the property of DarkScape, LLC. DarkScape, LLC. will be free to use any ideas, concepts, know-how, or techniques contained in any Comments you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

Your Account:

You may choose to register with us through our Website and create an account (the “Account”). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason, and without prior notice to you.

Minors:

If you are under the age of 18, you may use this Website only with the involvement of a parent or guardian. DarkScape, LLC. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Linking:

Periodically, links may be established from this Website to one or more external websites or resources operated by unrelated third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the DarkScape, LLC. Website. These links should not necessarily be deemed to imply that DarkScape, LLC. endorses the Third Party Sites or any content therein.

DarkScape does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk, and DarkScape, LLC. will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on any such content, goods, or services available on or through any such Third Party Site.

Disclaimer:

THIS WEBSITE AND ALL CONTENT OF THE WEBSITE ARE PROVIDED TO OUR CUSTOMERS AND PROSPECTIVE CUSTOMERS “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. You acknowledge, by your use of the Website, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.

Limitation of Liability:

IN NO EVENT WILL DarkScape, LLC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF DarkScape, LLC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Indemnification:

You agree to indemnify, defend, and hold harmless DarkScape, LLC., its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.

Jurisdiction:

No implication is made that the materials published on this Website are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do so on your own initiative, and you are responsible for compliance with local laws. DarkScape, LLC. controls this Website from its offices within the State of New York. The terms and conditions of this Website shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions.

Revisions:

DarkScape may terminate, change, suspend, or discontinue any aspect of this Website, including the availability of any features of the Website, at any time and without notice. DarkScape, LLC. also reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these terms in whole or in part, at any time and without notice. DarkScape, LLC. may terminate the authorization, rights, and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.

Privacy Policy:

Your use of the Website is also governed by our Privacy Policy, which is incorporated herein by reference. Please review the Privacy Policy to understand our practices regarding personal information.