TERMS & CONDITIONS
DarkScape.com Terms of Use (“Terms of Use”)
Welcome to the DarkScape website: www.darkscape.com (this “Website”). Please review the following terms and conditions before using this Website.
These Terms of Use, which may be modified from time to time, apply to all visitors to, or users of, this Website.
Overview:
The following rules and regulations 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, as they may be modified at any time and posted on this Website. 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.com 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.com Website and all of its materials, including, but not limited to, its software or 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 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.com 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 may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by DarkScape.
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 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.com Website. Your misuse of the trademarks displayed on the DarkScape.com Website is strictly prohibited. You are also advised that DarkScape 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. 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.
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 by the general public, and, whether or not such User Submissions are published, DarkScape 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 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 shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. DarkScape does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. DarkScape 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 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 as set forth in the license granted above; (iii) use of your User Submission(s) on the Website or otherwise by DarkScape, 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 to utilize the User Submission(s) without compensation or objection. For clarity, DarkScape 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, 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 may remove any Materials if properly informed that any such Materials infringe on another’s copyright rights. DarkScape 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 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 to locate the same;
• Information reasonably sufficient to permit DarkScape 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 Media, PO Box 7230, Garden City, NY 11010.
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
Products:
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.
Comments:
All comments, feedback, suggestions, ideas, and other communications (collectively, “Comments”) submitted or offered to DarkScape in connection with your use of this Website shall be and remain property of DarkScape. DarkScape 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.
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.com Website. These links should not necessarily be deemed to imply that DarkScape 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 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 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 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.
Jurisdiction:
No implication is made that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. DarkScape controls this Web Site 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 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 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.
