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TERMS OF USE

Introduction

Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Dark Art Gallery, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.DarkArtGallery.com and (the "Service"). This Service is operated by Dark Art Gallery ("Dark Art Gallery "). Dark Art Gallery is also referred to in these Terms as "we", "our", and "us".

By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Dark Art Gallery website (the "Site"). If you choose to register as a member of our Service or purchase products from the DarkArtGallery Shop, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").

Section I: General Terms

1. Availability

Dark Art Gallery provides this Service on an "AS IS" and "AS AVAILABLE" basis and Dark Art Gallery reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that DarkArtGallery is and will not be liable to you for any modification, suspension or discontinuance of the Service.

2. Privacy

Dark Art Gallery has a firm commitment to safeguarding your privacy. Please review DarkArtGallery 's Privacy Policy. The terms of Dark Art Gallery 's privacy policy are incorporated into, and form a part of, these Terms.

3. Trademarks

All brand, product and service names used in this Service which identify DarkArtGallery or third parties and their products and services are proprietary marks of Dark Art Gallery and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Dark Art Gallery or any third party with respect to any such image, logo or name.

4. Copyright

Dark Art Gallery is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content without the express, written consent of Dark Art Gallery. However, Dark Art Gallery does not claim ownership rights in your works or other materials posted by you to Dark Art Gallery (Your Content).

5. Reporting Copyright Violations

Dark Art Gallery respects the intellectual property rights of others and expects users of the Service to do the same. At DarkArtGallery's discretion and in appropriate circumstances, Dark Art Gallery may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work has been violated through this Service, please contact DarkArtGallery's agent for notice of claims of copyright infringement, Michael Silva, who can be reached through mailto:darkart@saber.net. You must provide our agent with the following information, which Dark Art Gallery may then forward to the alleged infringer:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. External Links

Dark Art Gallery may provide links to third-party websites or resources. You acknowledge and agree that Dark Art Gallery is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Dark Art Gallery of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Dark Art Gallery that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You agree to defend, indemnify, and hold harmless Dark Art Gallery, its owners, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

8. Disclaimer of Warranty and Limitation of Liability

DARK ART GALLERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. DARK ART GALLERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. DARK ART GALLERY MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT DARK ART GALLERY IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, DARK ART GALLERY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF DARK ART GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL DARK ART GALLERY'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO DARK ART GALLERY PURSUANT TO THIS AGREEMENT.

9. Amendment of the Terms

We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to DarkArtGallery for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

10. General

These Terms constitute the entire agreement between Dark Art Gallery and you with respect to your use of the Service. Dark Art Gallery 's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable. Dark Art Gallery shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of DarkArtGallery. These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.

11. Comments

If you have any comments or questions about the Service please contact us by email at mailto:darkart@saber.net.

Section II: Additional Terms

12. Registration

To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

13. Password

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Dark Art Gallery of any unauthorized use of your password.

14. Submitting Content

Chat Rooms and Forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the Dark Art Gallery website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the Dark Art Gallery website, subject to your compliance with the Terms.

Artwork - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Artwork," for display on your user page. Prior to submitting Artwork, you must accept the additional terms and conditions of the Submission agreement, which is incorporated into, and forms a part of, the Terms.

15. Copyrights in Your Content

Dark Art Gallery does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Dark Art Gallery a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display Your Content. Please note that when you upload Content, you allow third parties to copy, distribute and display your Content.

16. Monitoring Content

Dark Art Gallery has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.

17. Storage Policy

At this time, Dark Art Gallery provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Dark Art Gallery may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Dark Art Gallery 's servers. Furthermore, you acknowledge that Dark Art Gallery reserves the right to terminate or suspend accounts that are inactive, in DarkArtGallery's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, Dark Art Gallery shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that DarkArtGallery reserves the right to modify its storage policies from time to time, with or without notice to you.

18. Conduct

You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

You agree not to use the Service:

(a) For any unlawful purposes;

(b) To upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable.

(c) To upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Dark Art Gallery;

(d) To harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;

(e) To forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.

(f) To upload, post, or otherwise transmit any material which is likely to cause harm to Dark Art Gallery or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

(g) For any commercial purpose, except as expressly permitted under these Terms.

19. Suspensions and Termination of Access and Membership

You agree that Dark Art Gallery may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Dark Art Gallery Site, in Dark Art Gallery 's sole discretion, if you fail to comply with the Terms or applicable law.

20. Product Purchases from the DarkART Shop

From time to time, Dark Art Gallery may make certain products available for purchase through the dark art shop. For example, you may have the opportunity to purchase "Artwork" that a registered member has listed for sale through the Print Program.

All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.

In general, Dark Art Gallery accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact Dark Art Gallery at http://services.darkart.com/prints/help/ and we will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Dark Art Gallery on returned items, and Dark Art Gallery will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at Dark Art Gallery 's discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 21, ANY PRODUCT PURCHASED THROUGH THE DARK ART GALLERY SHOP IS PROVIDED ON AN "AS IS" BASIS. DARK ART GALLERY'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE DARK ART GALLERY SHOP SHALL BE FOR DARK ART GALLERY TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH.

21. Print Program

As a registered member of the Service, you will also be granted the privilege of listing certain types of Artist Materials, known as "Artwork," for sale through the Dark Art Gallery Shop. Visit http://services.darkart.com/prints/ for additional details on the Print Program. Prior to submitting Artwork for sale, you must accept the additional terms and conditions of the Print Program Agreement, which is incorporated into, and forms a part of, the Terms.

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