Terms of Service and Use
ZERO DARK ART STUDIO - TERMS of SERVICE/USE AGREEMENT: (this Terms of Service & Use Agreement also applies to the domain www.zerodarkart.com; to include all factors & brands of these two websites; which are now one):
The following information are terms of legal agreement ("Agreement") between you and Company (ZeroDarkArt.com & our Brand(s)). These terms and conditions apply to a user ("user", "you", or "your") whom accesses, browses, or otherwise uses this web site (zerodarkart.com) and/or the services provide by this web site. By accessing, browsing or otherwise using this site, you acknowledge that you have read, understand/understood, and agreed to the bound by these terms and conditions, and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse, or use/utilize this site. The material provided on this site is protected by law, including: but not limited to: United States copyright law and international treaties. Please! Read this agreement carefully as it governs your use of the Services and this web site. If you have any questions regarding this agreement, or any agreement or document here within incorporated. Please contact Company at: firstname.lastname@example.org.
This agreement applies to your access to, browsing, and use of this web site and the Services, and does not alter in any way the terms and conditions of any other agreement(s) you may have with Company for products, software, services or otherwise, unless otherwise directed by Company. If you breach or fail to abide by these terms and conditions. Your authorization to use this web site and services automatically terminate. You then must destroy any downloaded or printed materials (as hereinafter defined) and discontinue use of any hyperlinks or other methods to this web site.
By accessing, browsing, or using this web site and the services, you consent to receiving electronic communications from Company. You agree all notices, agreements, disclosures, and other communications that are sent to you electronically or otherwise by Company will satisfy any and all legal requirements that such communications be in writing or received.
You must be 18 years of age to use or subscribe to the services of this website. If you are between the ages of 13-18, you may subscribe with the consent and involvement of your parent or legal guardian. By subscribing or viewing, you represent and warrant: (I) that you are at least 18 years of age or (II) that, as a parent or legal guardian, you agree to these terms, conditions, and our Policy. Authorizing your child who is between the age of 13-18 to use this web site and the services, subject to your responsibility for their conduct.
Please read the Company Policy, which is hereby incorporated by reference. The Company Policy discusses and governs our collection and use of any information that is submitted or collected by Company. You understand that through your use of the services and this website, you consent to the collection and use (set forth in the Policy) of registration data and certain other information about you, including the transfer of this information through and to the United States and/or other countries (in future) for storage, processing and use by Company. You also understand said information will only be used by Company for the use of storage and not sold to third parties. Read Company Website Policy :Here:
Company may revise this agreement at any time without notice by updating this posting. By accessing, browsing, or otherwise use this web site you agree to be bound by any such revisions and should therefore periodically visit this web site and page to determine the then current terms and conditions of use in which you are bound through use of this site. Any new materials, content, services or features on this web site shall be subjected to this agreement. The current version is dated: 24-FEB-2014.
1. Copyright: All web site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links, and other files and the selection and arrangement thereof (the "Materials") are copyrighted Materials. ALL RIGHTS RESERVED. To Company: ZeroDarkArt.com; Our Brands; All branded art. ALL "Materials", are also subject and copyright via creative intelligence to Company. Unless noted otherwise via certain material.
2. Trademarks: The trademarks, trade dress, service marks, trade names, and logos (the "Marks") used and displayed on this site are registered/unregistered trademarks of Company, suppliers, or third parties. In addition, the Marks include, but are not limited to: All page headers, custom graphics, button icons, scripts, content, which may not be copied, imitated or used, in whole or in part, without prior written permission of Company or Owner(s) the Mark(s) at issue. Nothing on this site will be construed as granting, by implication, estoppel, or otherwise any license or right to use any marks (used or displayed) on this web site, without the express written permission of Company or the owner of the mark(s) at issue. The misuse of the mark(s) displayed on this site is strictly prohibited.
3. Company Materials: This web site, the materials, trademarks, services, including: without limitation: any of Company's or its licensor's internet operations, designs, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates/designs, algorithms, architecture, class libraries, documentation (both printed/electronic), know-how, good will, moral rights, trade secrets, and intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements, extensions thereof, are and will remain the sole/exclusive property of the Company, Suppliers, or Third Parties.
4. Content: You understand that all postings, messages, information, data, text, files, images, photos, pictures, graphics, audio, video clips, or other materials posted on website. Transmitted through, linked on this website (collectively the "Content"), are the sole responsibility of the person from whom such content originated. You understand that Company does not control, is not responsible for content made available through this website, and by using this website, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, that you may not rely on said content, and that under no circumstances will Company be liable in any way for any content or for any loss/damage of any kind incurred as a result of the use of any content posted or otherwise made available via this website.
5. User Content: Company does not claim ownership of content you provide to Company. Including: feedback, suggestions (unless inacted for Company use), post, upload, input, or submit to this website. However by, posting, uploading, inputting, providing or submitting your content. You are granting Company and it's licensors a perpetual, irrevocable, worldwide, royalty free, and fully sublicensable (through multiple tiers) right to use your content. Including, without limitation to the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your content; publish your name in connection with your content; and sublicense such any such rights. No compensation will be paid with respect to the use of your content provided herein. Company, is under no obligation to post or use any content you may provide, and Company may remove any content at any time in its sole discretion. By submitting content to you warrant and represent that you own or otherwise control all of the rights to your content. Described in this agreement including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the content.
Further, you acknowledge, consent, and agree that Company may access, preserve, and disclose your information and content if required to do so by law, or in good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) Comply with legal process. (b) Enforce this agreement and any documents incorporated herein. (c) respond to claims that any content violates the rights of third parties. (d) respond to requests for customer service. (e) protect the rights, property, or personal safety of Company, users, and public. You understand that the technical processing and transmission of the services, including your content. May involve transmissions over various networks. Changes that conform and adapt to technical requirements of connecting networks or devices.
6. Grant of License: Company hereby grants you limited, worldwide, non-exclusive, non-transferable, non-sublicense, and revocable license to use the services and materials for personal / non-commercial use only! Subject to the restrictions within this "Agreement".
7. License Restrictions: You acknowledge and agree that you do not acquire any ownership over the rights by using this website, services, marks, or materials. You may not: (a) Copy the services or any software, programming related thereto; (b) Modify, distribute, copy, reproduce, display, republish, download, upload, or transmit any materials on this website for commercial use, or otherwise, without the prior consent or written consent / approval of Company. (c) "frame" or "mirror" any materials contained on this website. Onto any other server without the prior written permission of Company. (d) Permit other individuals or companies to use the services or materials. (e) Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based upon this website, materials, services, or any software programming related thereto; (f) rent, lease, transfer, resell, or otherwise transfer rights to the marks, materials, or services or, (g) delete or re-write over any portion of any software relating in any manner or form to the website or services. You also agree that you will only use this website, services, marks, and materials in a manner that complies with applicable laws in the jurisdiction in which you use/utilize the services, that your use of this website, services, marks, and materials, is subject to all applicable laws of local, state, regional, national, and international laws and regulations. You agree that your use of this website and the services will not violate or infringe on the rights of any third party. Any unauthorized use of the services, marks, or materials contained on this website may violate copyright laws, trademark laws, the laws of privacy / publicity / communications regulations / and statutes. Company reserves any rights not expressly granted herein. You will be solely responsible for hardware / interconnections / and telecommunications to access the services.
8. Additional Use Restrictions: You may only use this website, services, marks, and materials in a manner that, in Company's Judgement, is consistent with intended purposes thereof. If you are unsure whether any contemplated use or action is permitted. Please contact the Company at email@example.com. By way of example and not limited to, you agree to:
a. Use this website for any commercial purpose. Such as, conducting sales of tickets, merchandise, or services of any kind. Without limiting the foregoing, you not resell, or link to other sites for the purpose of selling tickets, merchandise, or materials. To include website content, services, marks, or materials.
b. Use this website or services if you are temporarily or indefinitely suspended from the site.
c. Access or attempt to access. Other areas of the Company computer system. Other computer systems through this site for any purpose.
d. Use any robot, spider, or automatic device, or manual process. To "Screen Scrape", monitor, "mine", or copy the web pages on this website, or content contained herein this website. Without Company's prior, express, and written permission.
e. Use any device, software, or routine to interfere, or attempt to interfere with the proper working of this website. To include inacting any action that imposes unreasonable or disproportionately large load on Company infrastructure.
f. Upload, post email, transmit any content that is unlawful, harmful, threatning, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically, or otherwise objectionable; any other content that could give rise to civil / criminal liablility under both domestic and international laws. Pornography / merchandising related to such are prohibited under all services; including providing links to pornographic content elsewhere.
g. Harm or attempt to harm minors in any way.
h. impersonate any person: including: but not limited to, the site owner, Company, Company staff, Company artists, Forum leader, Street team leaders, guides, hosts, or falsely state otherwise misrepresent your affiliation with a person. Forge headers or otherwise manipulate identifiers in order to disguise the origin of content transmitted through services or develop restricted or password-only access pages, or hidden pages, images (those not linked to and from another accessible page) in regards to Company, this website, or services.
i. Upload, post, email, or otherwise transmit any content or materials, that you do not have a right to transmit under applicable law or contractual or fiduciary relationships (such as: inside information, proprietary, confidential information learned, or disclosed part of employment relationships, or under nondisclosure agreements); Infringed on any patent, trademark, trade secret, copyright, or other proprietary rights of any party('s); Transmit or transmission of unsolicited or unauthorized advertising, promotional material, "junk mail", spam, "chain letters", pyramid schemes, or any form of solicitation; that contain software viruses, computer code, files or programs. Designed to interrupt, destroy, or limit functionality of any computer software / hardware / or telecommunications equipment.
j. Disrupt the normal flow of dialogue, cause screen to scroll faster than other users of the other services are able to type. Otherwise, act in a manner that negatively affects other users ability or abilities to engage in real time exchanges. Interfere or disrupt the services or servers of / or networks connected to the services, or disobey any requirements, procedures, or regulations of networks connected to the services.
k. Intentionally / unintentionally, violate any applicable local, state, national, or international law. Including, but not limited to: regulations promulgated by U.S. Securities / Exchange Commission; Any rules of any national or security exchange: including, without limitation, the New York Stock Exchange, the American Stock Exchange, NASDAQ, and any regulations having the force of law. You will be responsible for determining what laws or regulations are applicable to your use of our services and this website.
l. Stalk or harass another user or Company. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, promote acts of cruelty to animals. This may include, but not limited to, providing instructions on how to assemble bombs, grenades, or other weapons, to include terrorist acts, and creating crush sites. Harvest or collect information about our website user's without their express consent. In act security breaches or disruptions of internet communications. Security breaches include, but are not limited to: accessing data of which you are not intended recipient or logging into a server or account that you are not authorized to access or control. Restrict / inhibit any other visitor from using our website; including without limitation, by means of hacking or defacing any portion of this website, services, or Company.
m. Express or imply that any statements you make are endorsed by Company, services, or this website, without Company's written consent or agreement. Assist any third party in engaging in any form of activity prohibited by this Agreement. Provide material support / resources by concealment or disguise the nature, location, source, or ownership of material support / resources. To any organization(s) or person(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
9. Monitoring the Site: Company, has the right not the obligation to monitor this website. Company, as general practice does not monitor this website or content posted hereon or otherwise submitted. Notwithstanding the foregoing. Company, reserves the right not obligation to refuse to post or remove content, information, or materials from any portion of this website. In whole or in part, that via Company's sole discretion, is/are unacceptable, undesirable, inappropriate, or in violation of this Agreement.
You acknowledge that Company may establish general practice and limits concerning use of this website. Including, without limitation, limiting the number of days a message board posting, or other uploaded content will be retained by this website. The maximum disk space that will be allotted on Company hosts servers on your behalf, the maximum length of time that an IP address will be assigned for your use. The maximum throughput of traffic from the internet or associated method, and maximum number of times, maximum duration for which; You may access this website in a given period of time. You agree that Company has no responsibility or liability to or for:
(a) Deletion of content. (b) Failure to store or deliver any messages or other communications. (c) Modification or malformation of data communications over this website, or (d) Other content maintained or transmitted by this website.
Please remember this website, services, message boards, forums, communities are merely provided as venues for users to experience, review, upload, use, exchange, and interact with content. Company, is not responsible for any user's content that may appear on this site; nor is Company responsible for or involved in reviewing, editing, or removing any content on this website. Company also does not assume any liability associated with a user's use of services, materials, or this website, or anything contained hereon. Including, without limitation, intellectual property infringement relating to or concerning any content. Please, make sure that the content you provide conforms to all applicable intellectual property / copyright laws.
10. Hyperlinks: You are granted limited non-exclusive and revocable right to create a "hypertext" link to this website. Provided such link is to the entry page of this website. Providing, the link or access point does not portray Company or this website, or any of this Company's website image, products, or services: in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You must obtain permission written or via email to create links to our website.
You may not use framing techniques to enclose our Company Trademark, proprietary information including images found on this website, the content of any text or the layout design of any page. By any form or method contained on a page without Company's express written consent. Links to third party websites on this website are provided solely as convenience to you. If you use those links you will be leaving this site. Company has not reviewed all of these third party sites and does not control, and is not responsible for, any of these websites or their availability, content, or policies, including without limitation; privacy policies, or lack thereof; Company does not endorse or make any representation to third party sites or any information, products, software, or materials found there. Any results that may be obtained from using them. If you decide to access them (any of the third party sites) linked to this site. You do so at your own risk! You acknowledge and agree with understanding and responsibility to self, equipment, and own risk. You will not hold our Company or this website responsible or liable, direct or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
11. User ID and Password: (not available at this time).
12. Your Information: You agree to provide true, accurate, current, and complete transactional information. Any information about you and maintain by promptly updating such information to keep it true, accurate, current, and complete. You agree to update such information by notifying Company by email of changes to such information at: firstname.lastname@example.org.
13. Mailing List / Notices: Unless otherwise provided herein; notices given via Company in any form, method, or through mailing list. Will be given by email or conventional mail. Notices will be sent to the email address or mailing address you provide to Company, as part of the registration process, or to an updated address you provide to Company, via notice consistent with this section. Notices given to by you to Company must be given by email to: email@example.com or such updated address's, as Company may provide to you consistent with this notice provision. Not withstanding anything herein; to the contrary; It is your sole responsibility to update your address for notices hereunder; to include notices sent via email or conventional mail address's last provided by you to Company will be valid and binding on you regardless of whether such address has been changed, canceled, expired, or terminated; or otherwise becomes inoperative.
14. Downloadable Material: Any materials that are made available to download from this website are copyrighted work of Company, suppliers, third parties, and it's Company's Artist. Without limiting the foregoing, copying, reproduction of materials to any other server or location for further reproduction or redistribution is expressly prohibited. Company, Company Artist, suppliers, or third parties; will not be held liable to damages incurred via download to users system; nor will Company or Company Artist be liable for damages, loss, or other methods to user or user equipment.
15. Interstate Nature of Using this Website / Services: When you register with Company. You acknowledge that in using the services to send electronic communications, you will be causing communications to be sent through Company's computer networks. Portions of which may be located in other locations in the United States or abroad. As a result, and as a result of Company's network architecture / business practices; and nature of electronic communication, even communications that seem to be intrastate in nature can result in transmission of intrastate communications regardless; or where you are physically located at time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the services and this website results in interstate data transmissions.
16. Fees: All fees will and shall be set and maintained at current prices. (Following information in this section under review: will be posted soon).
17. Modification or Cancellation of Services: Company may in its sole discretion at any time. Modify, cancel, or suspend the services, or any part thereof, without cause and without notice. You agree that Company will not be liable to you or to any third party for any immaterial modification of services or modification of services which, in Company's sole discretion, constitutes an improvement. Upon cancellation of services, your right to use the services stops right away. Once the services are cancelled or suspended. Any data or content you have stored on this site via the services may not be retrieved later. Company's cancellation of services will not alter your obligation to pay all charges made to your billing account, provided, however; If Company cancels services in their entirety without cause, or materially modifies the services in such a way that compromises the quality or quantity of services provided, then Company will refund to you a pro-rata basis the amount of payment that you have made corresponding to the portion of your services remaining right before the cancellation or material and adverse modification.
18. Security: You understand and acknowledge that no data transmission over the internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit will be free from unauthorized third party intrusion. You understand and agree that all information you submit to Company is done so at your own risk!
19. Termination: You agree that Company may under certain circumstances and without prior notice. Immediately terminate your account, associated emails, and access to the services. Cause for such termination will include, but not limited to; (a) Breaches or violations of this Agreement or other incorporated agreements or guidelines.(b) Requests by law enforcement or other government agencies. (c) A request from you (self initiated account deletion). (d) Discontinuance or material modification to the service or any part thereof; (e) Unexpected technical or security issues / problems. (f) Extended periods of inactivity. (g) Engagement by you in fraudulent or illegal activities. (h)Non-payment of fees owed by you in connection with services. Termination of your account includes:
(a) Removal of access to offerings with services.
(b) deletion of password, account, presence, information, files, and content associated with or inside your account (any part).
(c) Barring of further use of the services. Further you agree that terminations will be made in Company's sole discretion and that, except provided herein; Company will not be liable to you or any third party for any termination of your account, associated email address, or access to services. Upon any termination of this Agreement, you will immediately discontinue use of services and this website. The making of all requirements and payments due here under sections: 1.2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20-29: providing and willing survive the termination, cancellation or discontinuation of this Agreement.
20. Disclaimer of Warranties: YOU AGREE THAT THE USE OF THE SERVICES AND THIS WEBSITE IS AT YOUR SOLE AND OWN RISK. THE SERVICES AND THIS WEBSITE, INCLUDING BUT NOT LIMITED TO; ALL SOFTWARE, FUNCTIONS, MATERIALS, MARKS, INFORMATION, AND CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY: INCLUDING; WITHOUT LIMITATION; ITS SUBSIDIARIES, AFFILIATES, STAFF, ARTISTS, AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF THE COMPANY COLLECTIVELY (INCLUDING THIRD PARTIES); ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, PERSONALIZATION SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY AND COMPANY THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND. WHETHER EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO; IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE MERCHANTABILITY OF COMPUTER PROGRAMS, AND INFORMATIONAL CONTENT. NEITHER COMPANY NOR ANY COMPANY THIRD PARTIES MAKE ANY WARRANTY THAT THIS SITE, THE SOFTWARE, THE MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR VIA VIRUSES VIRUS FREE; OR THAT ANY DEFECTS IN THE SITE, SOFTWARE, THE MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED; NOR DO COMPANY OR ANY COMPANY THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY, RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE USE OF SERVICES OR THIS WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, DATA; DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR FURTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN; CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION, OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMER CONTAINED HEREIN MAY NOT APPLY TO YOU AND MAY HAVE ADDITIONAL RIGHTS.
21. Limitation of Liability: UNDER NO EVENT WILL COMPANY OR COMPANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES; INCLUDING WITHOUT LIMITATION; DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, THE SERVICES, THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH WEBSITES. WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING: BUT NOT LIMITED TO: NEGLIGENCE), ANY OTHER LEGAL THEORY; WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SERVICES, OR INFORMATION FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA. YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU; IN NO EVENT WILL THE TOTAL AND AGGREGATE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED $50.00 OR THE TOTAL FEES YOU PAID TO US DURING THE 2 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICH EVER IS GREATER. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF SERVICES. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT WILL BE CUMULATIVE AND NOT PER INCIDENT.
22. Indemnification and Release: You agree to notify Company, and indemnify, defend, and hold Company: our director, staff, artists, consultants, agents, representatives, and or other Company affiliates. Harmless from and against, any and all claims, damages, losses, costs (including reasonable attorney's fees), and other expenses that arise directly or indirectly out of or from:
(a) Your breach of this Agreement. (b) Any allegation that any content or materials you submit or transmit to this website, or other websites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property; other rights of any third party; and/or (c) Your activities in connection with this website and any services. In addition, if you have a dispute with one or more users, you agree to release Company, and its director, staff, artist, agents, assigns, affiliates, and all others associated to this Company) known and unknown, arising out of, or in connection with any such disputes. If you are a California resident, you hereby agree to waive California Civil code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
23. Force Majeure: Company will not be liable to you or any third party for failure or delay in performing our obligations hereunder; if such failure or delay is to circumstances beyond our reasonable control, including, without limitation; acts of governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software / hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to provision this website. To also include personal problems incurred towards Company director, staff, artist, or affiliates. ( ie; deployment to war, any issue or problem that may arise to hender services or materials).
24. Merchandise: Any products, merchandise, or goods that are purchased from this website are made according to a shipment contract whereby risk of loss and title for those products, merchandise, or goods is passed to you upon delivery by Company or agent, subcontractor, distributors, or third party working on behalf of this Company or website; to it's carrier. While Company and stated affiliates strive to be as accurate as possible, Company and it's affiliates do not warrant that product descriptions or other related content are accurate, complete, reliable, current, or error free. For any products, merchandise, or goods that you purchase from this website. Which are not as they where described on this website; your complete and sole remedy is to return the item unused to Company (or designated third party) for refund (excluding shipping / handling fees); Refund, will only be offered upon contact to Company, detailing issue for refund, at firstname.lastname@example.org. There is a stipulation regarding refunds in the order information section of this website's online store.
25. No Right Survivorship and Non-Transferability: You agree that your Company information / account, is non-transferable and any rights to your user information, content, IDs, or other forms of content or materials within your information, content, or account, terminate upon your death.
26. Notice / Procedure for Making Claims of Copyright or Intellectual Infringement: (this section is currently being reviewed and will be submitted soon).
27. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website, services, or this Agreement. (or any other agreement incorporated herein); must be filed within six months (one year per some legal statutes of law) after such claim or cause of action arose or forever be barred.
28. Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Oklahoma. Notwithstanding any conflict of laws or provisions. You irrevocably and unconditionally: (a) Consent to submit to the exclusive jurisdiction of the state and federal courts Oklahoma County, Tulsa County, and Washington County, Oklahoma ("Oklahoma Courts") for any litigation or controversy arising out of or relating to this Agreement. (b) Agree not to commence any litigation arising out of or relating to this Agreement except in the Oklahoma Courts and; (c) Agree not to plead or claim that such litigation brought there or herein has been brought in an inconvenient forum.
29. General: If any provision(s) of this Agreement is(are) held by a court of competent jurisdiction to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provision(s) remaining in full force and effect. Any failure to exercise or enforce any right or provision(s) of this Agreement will not constitute a waiver of such right or provision(s) unless acknowledged / agreed to in writing. By agreeing to the terms set forth in this Agreement. You agree to waive any right you may have to a jury trial and/or to take part in any class action lawsuits. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior, written permission of the Company. There are no third party beneficiaries to this Agreement. This Agreement contains the entire understanding of the parties regarding subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter.
Contact: email@example.com : with any questions regarding this terms of service & use agreement. Thank You!
Follow all guidlines and legal understandings stated in "Companies" Terms of Service and Use Agreement above. Also follow all guidlines and legal understandings of "Companies" Website Policy. The following information, is alternate revisions and additions for "Companies" Online Store - the STORE OR SHOP. Please review and comply:
MERCHANDISE & PURCHASES:
Keep in mind, that while we have a certain amount or variety of merchandise for sale on this website. We can not guarantee availability at a particular time; certain merchandise may only be available for a limited time; this also means merchandise sold at shows or otherwise; may not be available on our website, and vice-versa. We reserve the right to change, alter, and provide our merchandise offerings, both on the website, via events, and otherwise sold; at any time. We also reserve the right to change contents, features / offerings, adjust accessibility, and any other means or methods per our merchandise availability, of our website from time to time at our discretion without warning or notice.
Except to the extent we permit purchases with gift cards, gift certificates, promotional or discount codes, or similar forms of payment, prior to the purchase of any goods or services on our Site, you must provide us with valid payment credentials by the filling out of order forms, use of credit cards, providing shipping information or personal information. Purchase transactions are subject to our company returns policies as they may be in effect from time to time; otherwise, all charges from sales are nonrefundable, and all merchandise purchases are final. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because purchases on the Site require a valid credit card or payment information, only persons over 18 are placing orders for gift cards, and providing us with the information requested during the gift card order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
Be sure to review our order information section here: ORDER INFORMATION. "Companie", reserves the right to make alterations within this sections details and information; without notice or warning; ensure to remain updated with this section when making multiple orders or returning to purchase. This section, can change or alter at any given time.
PERSONAL INFORMATION when ORDERING:
Your privacy, is just as important to us, as it is with yourself; Our "Company", only utilizes or stores personal information for the sake and strict use of record(s) keeping; Our Site, "Company", or any measure in regards to personal information stated in our Terms of Service and Use Agreement; to include our wesites Policy Agreement; all stated such personal information, is stored with our adminstration division; strictly for the sake of maintaining files and records for our sales department; NO! Information, is sold to third party organizations or utilized for other measures of advertisement; Demographics, are only noted and studied; Never used by the owners or artists of this "Company" or it's affiliates for personal gain by use of your personal information!
FURTHER UPDATES AND REVISIONS TO OUR STORE'S TERMS OF SERVICE AND USE AGREEMENT; UNDER FURTHER REVIEW.
ZERO DARK ART STUDIO, maintains "Company" criteria and definitions mandated by "Company" and this website: www.ZeroDark.Art.com & our brand(s); By record and means of this website & "Company" Terms of Service & User Agreement to include but not limited to this website's and "Company" website Policy. All articles reviewed above within this website's and "Company" terms of service and user agreement apply to Zero Dark Art Studio and it's affiliates;