Terms of Use

LICENSE AND SITE ACCESS

These Terms govern the use of this Website, and, any other related Agreement or legal relationship with the Owner in a legally binding way.

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.

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, 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

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.

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.

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 violates no applicable law, regulations or third-party rights. The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.

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 Horizons reserves the right to remove/blacklist users on its comment boards at any time, for any reason.

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.

Certain content, graphics, photos, videos and artwork displayed on www.darkhorizons.com 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.

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 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).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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.

OUR ADDRESS

See the start of this document for a mailing address.

APPLICABLE LAW

By visiting the www.darkhorizons.com web site, 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.

CHANGES TO THIS POLICY

We reserve the right to amend this Terms of Use at any time for any reason. Therefore, users are encouraged to check our site frequently and review the current Terms of Use.