Terms
of Use
Please
read these Terms of Use carefully before using any of the web sites
operated by Dark Business ("Dark Business Sites"). By accessing
or using the Dark Business Sites, you agree to be legally bound by these Terms
of Use. If you do not wish to be bound by these Terms of Use, please
do not use the Dark Business Sites.
Trademarks, Copyrights,
and Restrictions
The Dark Business Sites are controlled and operated by Dark
Business ("Dark Business," "we," "us," or "our"). If you wish to contact us, you may . The Dark Business Sites were created to be both useful and entertaining. All
materials on the Dark Business Sites ("Online Materials"),
including, without limitation, names, logos, trademarks, service marks,
images, illustrations, audio clips, and video clips, are protected by
copyrights and other intellectual property rights owned and controlled
by Dark Business or by other parties that have licensed their material to
Dark Business. You may download and retain only a single copy of the Online
Materials, solely for your personal, non-commercial use. No Online Material
may be copied, reproduced, republished, modified, uploaded, posted,
transmitted, distributed in any way, or otherwise used for any purpose
without the prior written permission of their respective owners. You
may not add, delete, distort, or otherwise modify the contents on the
Dark Business Sites. Any unauthorized attempts to modify any Online Material, to
defeat or circumvent our security features, or to utilize the Dark
Business Sites
for other than their intended purposes are prohibited. Please report
any material on any Dark Business Site which you believe may infringe your copyright
by following our Copyright Notice and Takedown Procedure. Click
here
for our Copyright Notice and Takedown Procedure.
Linked Sites
We have provided links to related sites for your convenience ("Linked
Sites"). We do not review or endorse Linked Sites in any way whether or
not Dark Business is affiliated with the sponsors of a site. We are not responsible
for the content of Linked Sites or any off-site pages linked to the Dark
Business Sites. You access such linked sites and off-site pages at your own risk.
It is up to you to take precautions to ensure that such linked sites that
you visit and the information you select on them are free of viruses,
worms, vermin, trojan horses, and other items of a destructive nature.
Visitors to any Linked Sites are urged and expected to abide by the Terms
of Use and Privacy Policies of that particular Linked Site.
Submissions to
Dark Business Sites
You may only use Dark Business Sites and their contents for lawful purposes and in
accordance with applicable law and you are prohibited from storing, distributing
or transmitting any unlawful material through Dark Business Sites. You may not collect
or store personal information regarding other users. You recognize that
storing, distributing or transmitting unlawful material could expose you
to criminal and/or civil liability. You agree that if a third party claims
that material you have contributed to Dark Business Sites is unlawful, you will bear
the burden of establishing that it is lawful. You understand and agree
that all materials publicly posted (other than by Dark Business) or privately
transmitted on or through Dark Business Sites are the sole responsibility of the
sender, not Dark Business, and that you are responsible for all material you
upload, post or otherwise transmit to or through Dark Business Sites.
Any notes, message/bulletin
board postings, ideas, suggestions, concepts, or other material submitted
to us will become the property of Dark Business and Dark Business shall be entitled
to use such material for any type of use forever, including in any media
whether now known or hereafter devised. You agree that any submission
you make to us is original with you and accurate. You agree that you will
not submit or otherwise publish through the Dark Business Sites any content, or act
in any way, which in Dark Business's opinion:
(A) may constitute
libel, defamation, invasion of privacy, or is obscene, pornographic,
abusive, or threatening;
(B) may infringe any intellectual property or other right of any entity
or person;
(C) may violate any applicable law or advocates illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation for
goods, services, advertisers or sponsors or otherwise engages in commercial
activity;
(E) disrupts the normal flow of dialogue or otherwise act in a way which
affects the ability of other people to engage in real time activities
via Dark Business Sites;
(F) includes programs which may contain viruses, worms, trojan horses
or other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunication;
(G) disobeys any policy or regulation established from time to time
regarding use of Dark Business Sites or any networks connected to Dark
Business Sites; or
(H) contains links to other sites that contain the kind of content
which falls within the descriptions set out in (A) to (G) above.
We are not responsible
for any material posted on the bulletin boards or in the chat areas conducted
on the Dark Business Sites. We will cooperate with any law enforcement authorities
and comply with any judicial order requesting or directing us to disclose
the identity of anyone posting materials in violation of any applicable
federal, state, or local laws. We reserve the right in our sole discretion
to remove or disable access to any material posted on or to our site,
including without limitation material posted by you to an Dark Business Site message
board or chat room if we believe that material violates any of the above
policies or infringes any intellectual property rights. Furthermore, if
we believe in our sole discretion that you have violated any of the terms
of these Terms of Use, including specifically but without limitation by
posting or providing links to material which infringes intellectual property
rights, we reserve the right to terminate your access to the Dark
Business Sites.
Applicability of
Online Materials
Unless otherwise specified, the Online Materials are presented solely
for the purpose of entertaining users of this site in the United States
and its territories, and for promoting programs, films, and other products.
The Dark Business Sites are controlled and operated by Dark
Business from
its offices within the States of California and New York. We make no
representation that the Online Materials are appropriate or available
for use in other locations outside the United States. Those who visit
the Dark Business Sites from other locations do so on their own initiative
and are responsible for compliance with all applicable local laws. You
specifically agree to comply with all applicable laws, including without
limitation those concerning the transmission of technical data exported
from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
AND LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE DARK BUSINESS SITES , THE ONLINE
MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED ON THE DARK BUSINESS
SITES IS AT YOUR SOLE RISK. ALL ONLINE MATERIALS AND THE PRODUCTS AND
SERVICES OFFERED ON THE DARK BUSINESS SITES ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, DARK BUSINESS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NEITHER DARK BUSINESS, NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES, NOR
THEIR RESPECTIVE VENDORS, AGENTS OR EMPLOYEES, NOR ANY PERSON INVOLVED
IN THE CREATION, PRODUCTION AND DISTRIBUTION OF DARK BUSINESS' WEB SITES
WARRANT THAT THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT DARK BUSINESS OR THE SERVER THAT
MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE MATERIAL THAT YOU MAY READ ON DARK BUSINESS'S WEB SITES IS PROVIDED
FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. DARK BUSINESS DOES NOT WARRANT
OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIAL IN DARK BUSINESS'S WEB SITES OR LINKED SITES IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. DARK BUSINESS
MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICE OR OTHER CONTENT IN DARK BUSINESS SITES WILL NOT
INFRINGE THE RIGHTS OF OTHERS AND DARK BUSINESS ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF DARK BUSINESS SITES.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE
ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY
TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING
THE FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT DARK BUSINESS, ITS
AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS,
EMPLOYEES, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND
DISTRIBUTION OF DARK BUSINESS' WEB SITE SHALL NOT BE LIABLE FOR: (A)
ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES RESULTING FROM YOUR
PURCHASE OF ANY PRODUCT OR SERVICES ON THE DARK BUSINESS SITES OR FROM
YOUR USE OF ANY ONLINE MATERIALS; (B) YOUR USE OR INABILITY TO USE OR
ACCESS THE DARK BUSINESS SITES ; OR (C) DEFECTS, DELAYS IN OPERATION,
TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON THE DARK BUSINESS
SITES OR THE INTERNET. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION
OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU,
THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW. WE DO NOT ENDORSE ANY MATERIAL, INFORMATION OR OPINIONS INCLUDED
AND/OR EXPRESSED IN OR ON THE BULLETIN BOARDS, IN THE CHAT AREAS OR OTHER
FORUMS CONDUCTED ON THE DARK BUSINESS SITES ("FORUMS") AND WE MAKE NO
REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR
OPINIONS. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT
OF FORUMS IS NOT THE RESPONSIBILITY OF DARK BUSINESS. DARK BUSINESS MAY
REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME
IN ITS SOLE DISCRETION. ANY USE OF ANY DARK BUSINESS SITE OR THE FORUMS
WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATION
ON LIABILITY SET OUT ABOVE.
Indemnification
You will indemnify and hold harmless Dark Business, its parent,
affiliated and subsidiary entities, and the successors, licensees, assigns,
officers and directors of each from and against any and all claims,
losses and damages (including reasonable attorney's fees) constituting
and arising out of a breach of any of the provisions of these Terms
of Use, including without limitation from your placement or transmission
of any content onto Dark Business' servers, and/or from any and
all use of any Dark
Business Sites.
Governing Law
These Terms of Use shall be governed by and construed in accordance with
the laws of the State of California without regard to its provisions
regarding conflicts of law. You agree to submit to the exclusive
jurisdiction of the federal, state, and local courts located within
the State of California. If any provision of these Terms of Use is
unlawful, void, or unenforceable, it will not affect the validity
and enforceability of any other provision. These Terms of Use set
forth the entire agreement regarding all of the matters discussed
herein. Because these Terms of Use are subject to change and you
will be legally bound by such changes, you should periodically visit
this section to review the current Terms of Use. We reserve the right
to terminate this agreement at any time without notice for any reason.
These Terms of Use were last updated on February 27, 2007.
& © MMVII Dark Business, Inc. All rights reserved.
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