These Terms govern the use of this Website, and, any other related Agreement or legal relationship with the Owner in a legally binding way.
The User must read this document carefully. Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
This Website is provided by:
Dark Futures Pty. Ltd.
141 Oaks Avenue, Dee Why
Sydney NSW 2099
AUSTRALIA
Owner contact email: privacy@darkhorizons.com
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document. In the absence of any such mention, clauses apply to all Users.
Dark Futures Pty. Ltd grants you a limited license to access and make personal use of the Website (www.darkhorizons.com) and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Dark Futures Pty. Ltd. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, modified, translated, sublicensed, edited, published or otherwise exploited for any commercial purpose without express written consent of Dark Futures Pty. Ltd . You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dark Futures Pty. Ltd without express written consent.
You may not use any meta tags or any other “hidden text” using Dark Futures Pty. Ltd name or trademarks without the express written consent of Dark Futures Pty. Ltd . Any unauthorized use terminates the permission or license granted by Dark Futures Pty. Ltd.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.darkhorizons.com so long as the link does not portray Dark Futures Pty. Ltd or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Dark Horizons logo or other proprietary graphic or trademark as part of the link without express written permission.
ACCESS TO EXTERNAL RESOURCES AND ACCEPTABLE USE
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
In particular, Users may see advertisements on the Website provided by third parties. The Owner does not control or moderate the advertisements displayed on the Website. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement. The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to the Website or the Service, terminating contracts, reporting any misconduct performed through the Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms; infringe any third-party rights; considerably impair the Owner’s legitimate interests; offend the Owner or any third party.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors and contributors may post and/or submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your contribution. Dark Futures Pty. Ltd reserves the right (but not the obligation) to use, edit or remove such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Dark Futures Pty. Ltd a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the content that you post and/or submit; that the content is accurate; that use of the content you supply does not violate our policies and will not cause injury to any person or entity; and that you will indemnify Dark Futures Pty. Ltd for all claims resulting from content you supply. Dark Futures Pty. Ltd has the right but not the obligation to monitor and edit or remove any activity or content. Dark Futures Pty. Ltd takes no responsibility and assumes no liability for any content posted by you or any third party.
Dark Futures Pty. Ltd reserves the right to remove/blacklist users on the Website’s comment boards at any time, for any reason. To learn more about the use of Personal Data, Users may refer to the Website’s Privacy Policy. All communications relating to the use of this Website must be sent using the contact information stated in this document.
TRADEMARKS
Dark Horizons® is a registered trademark of Dark Futures Pty. Ltd. All other trademarks, product names, company names cited herein are the property of their respective owners.
OTHER BUSINESSES
Parties other than Dark Futures Pty. Ltd and its subsidiaries provide services or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Dark Futures Pty. Ltd does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use, and your links to or use of these is entirely at your own risk.
ASSIGNMENT OF CONTRACT
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the express written permission of the Owner.
SERVICE INTERRUPTION
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as ‘force majeure’ (eg. labor actions, infrastructural breakdowns or blackouts etc).
COPYRIGHT
Without prejudice to any more specific provision of these Terms, all content included on the www.darkhorizons.com web site such as design, arrangement, text, graphics, logos and buttons is the intellectual property of Dark Futures Pty. Ltd. or its content and software suppliers and licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks – nominal or figurative – and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with the Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Certain content, graphics, photos, videos and artwork displayed on the Website are protected by copyright and are the property of their respective owners. Any unauthorised use of materials on this Web site – including reproduction, modification, distribution, transmission or republication – without the prior written permission of Dark Futures Pty. Ltd. and any other applicable copyright owner, is strictly prohibited. For more information, please see our Copyright Policy.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact form or other applicable form such as the copyright takedown notice.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE OWNER’S FAILURE TO ASSERT ANY RIGHT OR PROVISION UNDER THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF ANY SUCH RIGHT OR PROVISION. NO WAIVER SHALL BE CONSIDERED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR ANY OTHER TERM.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DARK FUTURES PTY. LTD OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DARK FUTURES PTY. LTD AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DARK FUTURES PTY. LTD AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DARK FUTURES PTY. LTD AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM DARK FUTURES PTY. LTD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DARK FUTURES PTY. LTD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SEVERABILITY
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
APPLICABLE LAW
By visiting the Website, you agree that the laws of New South Wales, Australia, without regard to principles of conflict laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Dark Futures Pty. Ltd. Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of New South Wales, Australia as displayed in the relevant section of this document.
SURVIVING PROVISIONS
This Agreement shall continue in effect until it is terminated by either the Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following: he User’s grant of licenses under these Terms shall survive indefinitely; the User’s indemnification obligations shall survive for a period of five years from the date of termination; the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.
CHANGES TO THIS POLICY
The Owner reserves the right to amend or otherwise modify these Terms at any time for any reason. Therefore, users are encouraged to check our site frequently and review the current Terms of Use. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
DEFINITIONS
The Website
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (or We)
Indicates the natural person(s) or legal entity (Dark Futures Pty. Limited) that provides the Website and/or the Service to Users.
Service
The service provided by the Website as described in these Terms and on the Website.
Terms
All provisions applicable to the use of the Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using the Website.
Consumer
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.