Terms And Agreements
Darkflame Studios by Mike Richard www.CreativePortfolioProductions.com
Please carefully read and understand all of the following conditions of Darkflame Studios participation.
Online Agreement 04
THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH
AFFECT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE READ THEM
THOROUGHLY AS CLICKING THE 'I ACCEPT' BUTTON OR USING THIS
WEBSITE CONSTITUTES ACCEPTANCE BY YOU OF THESE TERMS AND
CONDITIONS OF THIS CONTRACT.
Darkflame provides this website and its services to you subject
to the following terms and conditions, which services or terms
and conditions may be changed by Darkflame at any time without
notice.
Throughout this document the terms 'site', 'us', 'we' and 'our'
refer to Darkflame.
Throughout this document the terms ‘your’,
‘you’ and ‘user’ refer to parties other than
Darkflame governed by this contract.
DISCLAIMER
This website and all information, images, artwork, text, video,
audio, pictures and other materials through on this website and
its affiliated services, as well as the website design, content
and arrangement (collectively, the 'Information') is provided 'AS
IS'. Darkflame makes no representations or warranties of any
kind, express, implied, statutory or otherwise as to the
operation of this website, its services, or the Information
INCLUDING BUT NOT LIMITED TO IMPLIED OR STATUTORY WARRANTIES OR
CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. DARKFLAME IS NOT
RESPONSIBLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES IN ANY WAY ARISING OUT OF YOUR USE OF THIS WEBSITE, ITS
SERVICES OR THE Information, INCLUDING ANY DAMAGES YOU MAY SUFFER
AS A RESULT OF YOUR PERSONAL INFORMATION BEING TRANSMITTED
BETWEEN YOU AND DARKFLAME, OR TO OTHER USERS.
Darkflame is NOT RESPONSIBLE FOR LOST, DELETED, INCOMPLETE,
ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES, MAIL, PICTURES, IMAGES
OR INFORMATION, UNAVAILABLE CONNECTIONS, FAILED, INCOMPLETE,
GARBLED OR DELAYED TRANSMISSIONS, ONLINE FAILURES, HARDWARE,
SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES.
Darkflame allows, but does not encourage users in any way to
submit for distribution any personal information over the
Internet except through secure means facilitated by Darkflame
Production Facilitation and Creative Management.
EXCLUSION OF LIABILITY
DARKFLAME WILL NOT BE HELD LIABLE TO OR BY ANY PARTY GOVERNED BY
THIS CONTRACT FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR
INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR
OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THIS
WEBSITE OR DARKFLAME SERVICES, EVEN IF SUCH DAMAGES ARE
FORESEEABLE OR DARKFLAME IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND REGARDLESS OF THE BASIS ON WHICH A CLAIM FOR
DAMAGES IS MADE.
DARKFLAME SHALL NOT BE HELD LIABLE FOR THE LOSS OF ANY PERSONAL
INFORMATION SUBMITTED BY USERS FOR DISTRIBUTION ON DARKFLAME
SERVICES. USERS SUBMIT THIS INFORMATION AT THEIR OWN RISK.
BY PARTICIPATING IN ANY OFFLINE DARKFLAME EVENT, YOU AGREE TO
RELEASE AND HOLD DARKFLAME HARMLESS FROM ANY AND ALL LOSSES,
DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING,
WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY
DAMAGE, EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM
YOUR PARTICIPATION IN ANY SUCH OFFLINE DARKFLAME EVENT.
ELIGIBILITY
In order to register as a member of Darkflame or use this site
you must be OVER THE AGE OF 18 or BE OVER THE AGE OF 14 AND
OBTAIN PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN WHO ACCEPTS
THE TERMS OF THIS AGREEMENT. Membership is void where prohibited.
By using Darkflame you represent and warrant that you have the
right, authority and capacity to enter into this Agreement and to
abide by all of the terms and conditions contained within this
Agreement.
STATUS OF PARTIES
You the User act in the capacity of author and publisher of any
content you, the User, produce and make publicly available
through the use of the Darkflame service.
Darkflame, with regards to this user generated content, acts
solely in the capacity as a distributor, and assumes no
responsibility of any kind whatsoever for such content.
PROPRIETARY RIGHTS OF DARKFLAME CONTENT
Darkflame owns and retains other proprietary rights in the
Darkflame site and service. The site contains the copyrighted
material, trademarks and other proprietary information of
Darkflame. Except for information which is in the public domain
or for which you have been given express written permission, you
may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information.
CONTENT PRODUCED FOR DISTRIBUTION ON DARKFLAME
You understand and agree that Darkflame reserves the right to
delete any accounts, content, messages, photos or profiles
(collectively, 'Content') that in the sole judgment of Darkflame
violate the Terms of Use or which might be offensive, illegal, or
that might violate the rights, harm, or threaten the safety of
Darkflame and/or its Members.
You are solely responsible for the Content that you publish or
display (hereinafter, 'post') on the Darkflame service, or
transmit to other Darkflame Members.
By producing Content for distribution in any public area of
Darkflame, you automatically grant, and you represent and warrant
that you have the right to grant, to Darkflame, and other
Darkflame Members, an irrevocable, perpetual, non-exclusive,
worldwide license to use any uploaded content for personal
non-profit use.
Upon completion of the Darkflame IT Project there will be
sufficient facilitation for private publication services which
will allow protection towards content, but each separate
additional contract must be arranged specifically through
Darkflame.
By producing Content for distribution in any public area of
Darkflame, you automatically grant, and you represent and warrant
that you have the right to grant, to Darkflame the right to use
all uploaded Content for promotional use in any medium without
Darkflame providing any notice of use or compensation of any
kind.
The following is a partial list of the kind of Content that is
illegal or prohibited on the Site. Darkflame will investigate and
take appropriate action in its sole discretion against anyone who
violates this provision, including without limitation, removing
the offending communication from the Service, terminating the
Membership of such violators, as well as other legal actions. It
includes Content that:
· is patently offensive to the online community, including but
not limited to Content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
harasses or advocates harassment of another person; involves the
transmission of 'junk mail', 'chain letters' or unsolicited mass
mailing or 'spamming'; promotes information that you know is
false, misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, or defamatory;
· promotes an illegal or unauthorized copy of another
person’s copyrighted work, such as providing pirated
computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
· contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible
page) ; displays pornographic or sexually explicit material of
any kind;
· provides material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information from
anyone under 18; provides instructional information about illegal
activities such as making or buying illegal weapons, violating
someone’s privacy, or providing or creating computer
viruses; solicits passwords or personal identifying information
for commercial or unlawful purposes from other users; and engages
in commercial activities and/or sales without our prior express
written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
You will not transmit any chain letters or junk email to other
Darkflame Members. Although Darkflame cannot monitor the conduct
of its Members off the Darkflame Site, it is also a violation of
these rules to use any information obtained from the Service in
order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any Member without
their prior explicit consent.
While Darkflame does make efforts to ensure that content
distributed through our services complies with this provision,
Darkflame makes no assurances, guarantees or warrantees that the
content found on the service will be screened to ensure its
compliance with this provision. However, users are encouraged to
report any violations of this provision to the Darkflame
Administration for review.
Darkflame further reserves the right to submit any information
provided or distributed on the site to authorities in the case of
criminal matters. This includes any information distributed in
areas outlined as private under our privacy policy such as, but
not limited to Private Messages.
MEMBER DISPUTES
You are solely responsible for your interactions with other
Darkflame Members. Darkflame reserves the right, but has no
obligation, to monitor disputes between you and other Members.
JURISDICTION
The laws in force in the province of Alberta, Canada, will govern
this contract, terms, conditions and any claims you make against
Darkflame. You agree that any action at law or in equity arising
out of or relating to these disclaimers, terms and conditions
will be filed solely in the courts located in the province of
Alberta, and you hereby consent and submit to the personal
jurisdiction of such courts for the purpose of litigating such
action, notwithstanding your place of residence.
This agreement is made, executed, and delivered in Red Deer,
Alberta, Canada, any controversy arising from, or in relation to
this Agreement shall be governed by and construed in accordance
to the domestic laws of the Province of Alberta, Canada. The
parties hereto and hereby agree that any disputes arising from
this agreement shall be submitted to, and be subject to the
jurisdiction of the courts of the Province of Alberta which shall
have exclusive jurisdiction in the event of any dispute
hereunder. Furthermore, the parties hereby irrevocably submit and
attorn the jurisdiction of such courts to finally adjudicate and
action arising out of this agreement.
Additionally, the parties hereto hereby agree that the United
Nations Convention on Contracts for the International Sale of
Goods does not apply to this Agreement and is strictly excluded.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that all information that you provide
in the Darkflame Application Form is personal to you and that all
images or photographs submitted by you are images or photographs
of you or images of which you own the rights to, or have been
granted the express right to publish and distribute.
INDEMNIFICATION
You will indemnify and hold harmless Darkflame for and against
any and all actions, costs, damages and reasonable attorney fees
arising out of your use of the Darkflame services, your breach of
any of these terms and conditions or your infringement of any
third party’s intellectual property rights.
GENERAL
Darkflame may amend these Website Terms of Use at any time.
Accordingly, you should periodically re-visit these terms to
review the then-current Website Terms of Use governing your use
of this website. Your continued use of the services provided
through the Darkflame website constitutes your acceptance of the
then-current Website Terms of Use. If any part of these Website
Terms of Use is deemed unlawful, void or unenforceable, then that
part is severable and will not affect the validity and
enforceability of the remaining disclaimers, terms and
conditions. Darkflame reserves the right at any time to begin
charging for access to this website and its services.