Terms And Conditions Of Use covering the websites of Dark Horizon Records
Dark Horizon Records 6435 West Jefferson Blvd.#666 Fort Wayne, Indiana 46804
Tel: (260) 422-3268
This is a Website of Dark Horizon Records. Use of this Website and any other
websites operated by Dark Horizon and its group companies to which this Website
is linked (the "Dark Horizon Sites"), together with all associated servers ("Servers")
and all of the functions on or in or available from this Website or any other
Dark Horizon Site or the Servers (including, without limitation all chat forums,
bulletin boards or other forms of communication) is subject to the following
terms and conditions ("Terms and Conditions") and any other terms and conditions
contained on, in or available through a Dark Horizon Site.
2. Content
The copyright in the material contained on, in, or available through this Website
or any other Dark Horizon Site or Server excluding the Content (as defined in
paragraph 3) but including all other information, data, text, music, sound,
photographs, graphics, video messages or other materials and the selection and
arrangement thereof, and all source code, software compilations and other material
("Material") is owned by or licensed to Dark Horizon or its group companies.
All rights are reserved. You do not have any right, interest or title in or
to the Material unless otherwise expressly indicated.
The trademarks, service marks, and logos ("Trade Marks") contained on or in
this Website or any other Dark Horizon Site or Server are registered and owned
by or licensed to Dark Horizon or its group companies. Save as expressly stated,
you do not have any right to use, copy, edit, vary, reproduce, publish, display,
distribute, store, transmit, commercially exploit or disseminate the Trade Marks
without the prior written consent of Dark Horizon or the relevant group company.
You are permitted to print or download extracts of the Material for your personal
use only provided that each copy contains a notice that the Material is owned
by or licensed to Dark Horizon or its group companies. None of the Material
may be used for any commercial or public use.
Save as expressly stated or as necessary to view, print or download extracts
of the Material for personal use, none of the Material may be copied, edited,
varied, reproduced, published, displayed, distributed, stored, transmitted,
commercially exploited or disseminated in any form whatsoever without the prior
written consent of Dark Horizon or the relevant group company.
3. Content Submitted To The Website
Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) on to designated areas of this Website. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded on to this Website or any other Dark Horizon Site or Server or otherwise transmitted through this Website or any other Dark Horizon Site or Server by any visitor to this Website is referred to as "Content". Dark Horizon does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, Dark Horizon Records does not guarantee the accuracy, integrity or quality of such Content. Dark Horizon shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the foregoing, Dark Horizon shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through this Website or any other Dark Horizon Site or Server and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which Dark Horizon receives any complaint (whether valid, justified or not).
If you upload, post or otherwise transmit any Content to a public part of this
Website or any other Dark Horizon Site or Server (including, without limitation,
if you post a message to a bulletin board or chat forum, upload files, input
data, or engage in any other form of communication through this Website or any
other Dark Horizon Site) you are wholly responsible for it. You hereby: (a)
grant Dark Horizon and its group companies an irrevocable, perpetual, royalty-free
right to use, distribute, copy, edit, adapt, license, distribute, transmit,
publish, publicly perform or display any such Content in any form or medium
anywhere in the World; and (b) irrevocably and unconditionally waive any moral
rights or similar rights you have in any Content pursuant to the Copyright,
Designs and Patents Act 1988 (as amended, superseded or replaced from time to
time) (the "Act") or equivalent legislation anywhere in the World.
4. Link To Third Parties
This Website and other Dark Horizon Sites or Servers may contain links to websites operated by third parties ("Third Party Websites"). Dark Horizon does not have any influence or control over any such Third Party Website and, unless otherwise stated, is not responsible for and does not endorse any Third Party Website or its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website.
5. Member Conduct
You agree that when using the Website or any other Dark Horizon Site or Server you will not:
You acknowledge that you are solely responsible for maintaining a secure password
for the purpose of gaining access to the member sections of this Website or
any other Dark Horizon Site or Server.
You agree to indemnify Dark Horizon and its group companies in full and on demand
from and against any loss, damage, costs or expenses which they suffer or incur
directly or indirectly as a result of your use of this Website or any other
Dark Horizon Site or Server other than in accordance with these Terms and Conditions.
6. Dark Horizon Privacy Policy
If you provide information to Dark Horizon on or through this Website or any other Dark Horizon Site or Server, Dark Horizon will use it in accordance with the terms of its privacy policy. That privacy policy forms part of these Terms and Conditions and by using this Website or any other Dark Horizon Site or Server you acknowledge and agree that you have read and accept the terms of that privacy policy.
7. Disclaimer / Liability
Use of this Website, any other Dark Horizon Site or Server and their facilities,
Third Party Websites, links to the Third Party Websites, and any Material and
Content is at your own risk. To the maximum extent permitted by law: (a) Dark
Horizon disclaims all liability whatsoever, whether arising in contract, tort
(including negligence) or otherwise in relation to this Website, any other Dark
Horizon Site or Server, Third Party Websites, links to Third Party Websites,
Material and Content; and (b) all implied warranties, terms and conditions relating
to this Website, any other Dark Horizon Site or Server, Third Party Websites,
links to Third Party Websites, Material and Content (whether implied by statue,
common law or otherwise), including (without limitation) any warranty, term
or condition as to accuracy, completeness, satisfactory quality, performance,
fitness for purpose or any special purpose and title are, as between Dark Horizon
and you, hereby excluded. Dark Horizon will not be liable, in contract, tort
(including, without limitation, negligence), under statute or otherwise, as
a result of or in connection with this Website, any other Dark Horizon Site
or Server, any Third Party Websites, links to Third Party Websites, the Material,
Content, or any products or services offered on or through this Website or any
other Dark Horizon Site or Server or Third Party Website, whether by Dark Horizon
or on its behalf, for any:
If Dark Horizon is liable to you directly or indirectly in relation to this
Website, any other Dark Horizon Site or Server, any Third Party Websites, links
to Third Party Websites, the Material, Content, or any products or services
offered on or through this Website or any other Dark Horizon Site or Server
or Third Party Website, that liability (howsoever arising) shall be limited
to the sums paid by you in consideration for Dark Horizon granting you membership
to this Website.
Nothing in these Terms and Conditions shall be construed as excluding or limiting
the liability of Dark Horizon or its group companies for death or personal injury
caused by its negligence or for any other liability which cannot be excluded
by law.
8. Access Restriction
Dark Horizon reserves the right in its sole discretion to deny you access to this Website or any other Dark Horizon Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, Dark Horizon may deny you access to this Website or any other Dark Horizon Site or Server if Dark Horizon exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.
9. Online Competitions
If you take part in any competition which is run on or through this Website or any other Dark Horizon Site or Server ("Competition"), you agree to be bound by the Online Competition Rules and any other rules specified by Dark Horizon from time to time ("Competition Rules") and by the decisions of Dark Horizon, which are final in all matters relating to the Competition. Dark Horizon reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
10. General
These Terms and Conditions (as amended from time to time) constitute
the entire agreement between you and Dark Horizon concerning your use of this
Website or any other Dark Horizon Site or Server and supersede any previous
arrangement, agreement, undertaking or proposal, written or oral between you
and Dark Horizon in relation to such matters. Dark Horizon reserves the right
to update these Terms and Conditions from time to time. If it does so, the updated
version will be effective as soon as it is uploaded on to this Website. No other
variation to these Terms and Conditions shall be effective unless in writing
and signed by an authorised representative on behalf of Dark Horizon.
These Terms and Conditions shall be governed by and construed in accordance
with U.S. law and you agree, for the benefit of Dark Horizon, to submit to the
exclusive jurisdiction of the U.S. Courts.
If any provision(s) of these Terms and Conditions is held by a court of competent
jurisdiction to be invalid or unenforceable, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the parties and
all other provisions shall remain in full force and effect.
Dark Horizon Records failure to exercise or enforce any right or provision of
these Terms and Conditions shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Dark Horizon in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall
create any rights or any other benefits whether pursuant to the Contracts (Rights
of Third Parties) Act 1999 or otherwise in favour of any person other than you,
Dark Horizon and its group of companies.