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:

• 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.
• You may not access or use the darkscape.com Website for any competitive or commercial purpose.
• 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.

Prohibited Uses of Website and Services

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

• Contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer.
• 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.
• Contain chain letters or pyramid schemes.
• Contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities.

Notice of Copyright Infringement

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.

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.

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.

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.

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.

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.