PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
By accessing or using our website at Darksideemporium.com and any of its subsidiary websites (the “Websites”), you (the “User”) signify that you have read, understood and agree to be bound by these Terms and Conditions of Use (“Terms and Conditions”). We reserve the right to change, modify, add, or delete any portions of these Terms and Conditions at any time without further notice, at our sole discretion. By using these Websites, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms and Conditions to which you are bound. It is your responsibility to regularly check the Websites to determine if there have been changes to these Terms and Conditions and to review such changes. If you do not agree to abide by these or any future Terms and Conditions, do not use or access, or continue to use or access, the Websites.
You acknowledge that Darksideemporium.com or other third parties and that such Content is protected by United States and/or international copyright laws. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Further, you agree not to upload, post, reproduce, or distribute in any way any Content protected by copyright, or other proprietary right, without obtaining prior written permission of the owner of the copyright or other propriety right.
Darkside Emporium” and “Darksideemporium.com” as indicated on these Websites, as well as these Websites themselves, are trademarks and/or trade dress of Darksideemporium.com, in the United States and/or other countries. Trademarks and trade dress include the Darksideemporium.com name and logo, our graphics, page headers, button icons, scripts, and service names. Darksideemporium.com’s trademarks and trade dress may not be used in connection with any product or service that is not Darksideemporium.com’s.
Darksideemporium.com disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. All other trademarks that appear on this site are the property of their respective owners, who are not affiliated with, connected to, or sponsored by us or our affiliates. You agree not to display or use such marks in any way, without obtaining permission of the owner of the trademark.
You have permission to view, electronically copy and print hard copies of pages from these Websites solely for personal, non-commercial purposes related to placing an order or shopping with Darksideemporium.com. Except as expressly stated in the Terms and Conditions, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, modify or otherwise exploit any images, photographs and/or any other variation of pictorial form on these Websites. In the absence of an express, written permission in advance, any other use of these Websites, its content and its information, including linking or framing to these Websites, is strictly prohibited.
While our goal is to provide complete, accurate, up-to-date information on our Websites, it is not possible to ensure that any website is completely free of human or technological errors. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. These Websites may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice, including inaccurate or erroneous prices. In the event of a pricing error discovered after an order has already been placed, we will notify you of the error and we will do our best to work with you to reach a mutually acceptable solution. We do, however, reserve the right to cancel the order and notify you of such cancellation. You also have the right to cancel the order in the event of a pricing error. If the order is cancelled by us, then you may replace the order at the corrected price. We sincerely apologize for any inconvenience this may cause.
Unless expressly stated in the Warranty Policy sections of the Websites, Darksideemporium.com makes no representations or warranties of any kind, whether express or implied, with respect to these Websites, its content, or the information available on or through it. You expressly understand and agree that your use of the Websites is at your sole risk and that the Websites are provided on an “AS IS” basis and “as available” basis.
Unless expressly stated in the Warranty Policy sections of the Websites, Darksideemporium.com disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any direct, indirect, incidental, special, consequential, punitive or other damages that result from the use of or inability to use the Websites, including but not limited to reliance by a user on any information obtained at the Websites, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Darksideemporium.com records, programs or services. This limitation of liability applies whether in an action of contract, negligence, or other tortious action, strict product liability or otherwise, as well as damages for lost profits, business interruption or the loss of data or information, even if an authorized representative of Darksideemporium.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Websites.
No advice or information, whether oral or written, obtained by you from Darksideemporium.com or through or from the Websites shall create any warranty not expressly stated in the Warranty Policy sections of the Websites or in these Terms and Conditions.
By visiting or using the Websites, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Darksideemporium.com or any of our affiliates, clients, co-brand partners or other partners and their respective directors, officers and employees. You consent and agree that the sole venue and jurisdiction for any dispute arising from the use of the Websites and/or under these Terms and Conditions shall be the appropriate state or federal court located in Rockland County, New York, and you consent to submit to the jurisdiction of such court, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses available to you.
Because we cannot prohibit minors from visiting the Websites, we must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
The Websites may contain (a) links to other websites not maintained by Darksideemporium.com or (b) information about products or services of third parties. Darksideemporium.com does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference of any third party shall in no way constitute an endorsement by Darksideemporium.com of such third party. We encourage you when you leave our Websites and to read the terms and conditions of each and every website that you visit.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Darksideemporium.com regarding the use of the Websites, superseding any prior agreements between you and Darksideemporium.com relating to your use of the Websites. The failure of Darksideemporium.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
By submitting any content to Darksideemporium.com, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 18 years old;
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Darksideemporium.com (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
By submitting your email address in connection with your question, rating and review, you agree that Darksideemporium.com and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.