Terms of Service
Effective Date: January 1, 2023 | Last Updated: January 1, 2023
Agreement to Terms
The Terms of Use Agreement ("Agreement"), created on the effective date and last amended on the date above, is made between you ("user," "you" or "your"), and:
Company Name: Dark Space Labs
Website: www.darkspacelabs.com
Address: 4305 E. Harmony Road, Fort Collins, Colorado, 80528
Email: [email protected]
Phone: (970) 829-8919
Any free trial, sample, or other abridged versions of our services that are offered shall be considered a one (1) time use based on the registering of a user's e-mail. It is strictly prohibited for a user to create and register more than one (1) e-mail solely to access another free trial on the website.
Access
Your access to and use of the website and the services is conditional upon your acceptance of and compliance with this Agreement. If you do not agree with any of the terms of this Agreement, you may not access the website or its services.
Minors (under the age of 18)
If any user is a minor in the jurisdiction where they reside, the minor must obtain permission from their parent or guardian to use the website.
Children (under the age of 13)
If any user is a child under the age of thirteen (13) years and from the United States, it is assumed that they have obtained verifiable parental consent to use the website, in accordance with 15 U.S. Code § 6502.
Prohibited Activities
As a user of our services, it is prohibited to engage in the following activities:
- –Systematically retrieve data or other content from the website to create or compile a collection, compilation, database, or directory without our written permission
- –Trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account information such as user passwords
- –Circumvent, disable, or otherwise interfere with security-related features of the website or services
- –Disparage, tarnish, or otherwise harm the company, website, or any other platforms where the services are offered
- –Use any information obtained from the website or the service to harass, abuse, or harm another person
- –Make improper use of our support services or make false reports of abuse or misconduct
- –Use the website or services in a manner inconsistent with its intended use or against any applicable laws
- –Engage in spamming, linking, or referring to other websites for commercial or other purposes
- –Upload or transmit viruses, trojan horses, or other damaging material that may interfere with another user's experience
- –Attempt any unauthorized automated use of the website, such as using scripts to send comments and messages
- –Delete copyrights, trademarks, disclaimers, or any other marks from the website or its content
- –Impersonate another user or person in any manner
- –Interfere with, disrupt, or create an undue burden on the website, services, networks, and other connections
- –Copy or adapt the software of the website, including Flash, PHP, HTML, JavaScript, or other code
- –Decipher, decompile, disassemble, or reverse engineer any of the software on the website
- –Use the website or services as part of any effort to compete with us or for any revenue-generating endeavor
- –Sell your user profile or account on the website
Guidelines for Reviews
We may provide you the right to leave a review or rating of the services provided. Said review or rating requires that you:
- –Have firsthand experience with the person/entity being reviewed
- –Not contain any offensive, abusive, racist, or profanity-laden language
- –Not include references to illegal activity
- –Not post negative reviews as part of a scheme working with a competitor
- –Not post any false or misleading comments about your experience
- –Not organize a campaign encouraging others to post reviews, whether positive or negative
Copyright Policy
a) Intellectual Property Infringement
It is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law. If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us using the contact details herein.
b) DMCA Notice and Procedure
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with an electronic or physical signature of the copyright owner, a description of the copyrighted work, your contact details, and a statement that the infringement request is in good faith. Upon receipt, we will take whatever steps are required to remove the copyrighted content.
Intellectual Property
Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs, media, content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information under our ownership and protected by local, state, national, and international laws. No intellectual property is permitted to be copied, reproduced, republished, uploaded, publicly displayed, translated, transmitted, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.
User Obligations
You, as a user of the website or any of its services, agree to the following:
- –Any information used for registration purposes must be submitted in an accurate and completed manner
- –If any information should change regarding your account, you agree to change it in a timely fashion
- –You have the legal capacity to understand, agree with, and comply with this Agreement
- –That you are not considered a minor in the jurisdiction where you reside
- –That you will not access the website or its services through the use of bots, scripts, or any other unauthorized method
- –That you will use the website and its services in an authorized and legal manner in accordance with this Agreement
User Accounts
If our website allows the creation of a user account, you agree to be responsible for safeguarding its information including account data, connected e-mails, passwords, and any other personal information. If you are made aware of any breach of unauthorized use of the account, notify us as soon as possible.
User Submissions & Content
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website provided by you is public and not considered confidential unless otherwise stated. Upon submissions posted on the website, it becomes our exclusive property along with all intellectual property rights which may be used by us for any lawful purpose, without acknowledgment or compensation to you.
Third Party Websites and Content
Our website or services may contain links to 3rd party websites or services that are not owned or controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use, practices, services, or activities of any 3rd parties. You acknowledge that if you are redirected to such a website, you hold us harmless and free of liability for any action that should occur on such websites.
Termination
We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the website and/or services will cease immediately.
Governing Law
The laws governing the company's jurisdiction mentioned herein shall govern this Agreement, including your use and access to the website and services. Your use of this website, services, and any mobile app may be subject to other local, state, national, and international laws.
Dispute Resolution
If you should raise any dispute about the website, its content, or any of the services offered, it is required first to attempt to resolve the dispute formally by contacting us.
a) Mediation
If a dispute cannot be agreed upon by the parties, it shall be moved to mediation for a period of 30 days with at least 10 hours to be committed by each party in accordance with the procedures of the United States Arbitration & Mediation. All costs shall be shared equally.
b) Arbitration
If the dispute cannot be agreed upon during the mediation period, then the dispute will be submitted to binding arbitration in the jurisdiction of governing law.
"As-Is" Disclaimer
The website and any services offered are provided on an "as-is," "where is," and "as available" basis, including faults and defects without warranty. To the maximum extent permitted under applicable law, the company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the website and any services offered, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Indemnification
You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any 3rd party due to or arising out of your use of the website or services, any breach of this Agreement, or any violation of the rights of a 3rd party.
California Users
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:
1625 North Market Blvd, Suite N 112, Sacramento, California 95834
Telephone: (800) 952-5210 | (916) 445-1254
Contact
Except as explicitly stated otherwise, any notices sent to us must be sent to: