Website Terms of Use

Terms And Conditions Of Use covering the websites of Dark Arts Ltd

Dark Arts Ltd, 27 Hoxton Street, London N1 6NH

Tel: +44 (0) 20 7729 7666

1. Acceptance Of Terms
This is a Website of Dark Arts Ltd (“Dark Arts”). Use by you of this Website and any other websites operated by Dark Arts and its group companies to which this Website is linked (the ” Dark Arts Sites”), together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or any other Dark Arts Site or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a Dark Arts Site.

2. Content

The copyright in the material contained on, in, or available through this Website or any other Dark Arts Site or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Dark Arts or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.

The trademarks, service marks, and logos (“Trade Marks”) contained on or in this Website or any other Dark Arts Site or Server are registered and owned by or licensed to Dark Arts or its group companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Dark Arts or the relevant group company.

You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to Dark Arts or its group companies. None of the Material may be used for any commercial or public use.

Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of Dark Arts or the relevant group company.

3. Content Submitted To The Website

Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) on to designated areas of this Website. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded on to this Website or any other Dark Arts Site or Server or otherwise transmitted through this Website or any other Dark Arts Site or Server by any visitor to this Website is referred to as “Content”. Dark Arts does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, Dark Arts does not guarantee the accuracy, integrity or quality of such Content. Dark Arts shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the foregoing, Dark Arts shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through this Website or any other Dark Arts Site or Server and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which Dark Arts receives any complaint (whether valid, justified or not).

If you upload, post or otherwise transmit any Content to a public part of this Website or any other Dark Arts Site or Server (including, without limitation, if you post a message to a bulletin board or chat forum, upload files, input data, or engage in any other form of communication through this Website or any other Dark Arts Site) you are wholly responsible for it. You hereby: (a) grant Dark Arts and its group companies an irrevocable, perpetual, royalty-free right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World; and (b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the World.

4. Link To Third Parties

This Website and other Dark Arts Sites or Servers may contain links to websites operated by third parties (“Third Party Websites”). Dark Arts does not have any influence or control over any such Third Party Website and, unless otherwise stated, is not responsible for and does not endorse any Third Party Website or its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website.

5. Member Conduct

You agree that when using the Website or any other Dark Arts Site or Server you will not:

1. Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another’s privacy or contains any illegal content;
2. Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or any other Dark Arts Site or Server or any networks connected to this Website or any other Dark Arts Site or Server or another’s computer, or that contains any chain letters, pyramid-selling schemes, bulk mail, junk mail or similar; or
3. Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or
4. Restrict or in any way inhibit any person from using this Website or any other Dark Arts Site or Server;
5. Upload, post or otherwise transmit any Content which is un-necessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or
6. Upload, post or otherwise transmit any Content to a part of this Website or any other Dark Arts Site or Server which is irrelevant to the subject matter or the Content; or
7. Upload, post or otherwise transmit any Content to this Website or any Dark Arts Site or Server using an e-mail address provided by a free account service such as hotmail; or
8. Register yourself as a member of this Website, the forum provided through this Website, or to receive any newsletter or other service under more than one user name and/or user account number without the consent of the Website editor or the forum moderator; or
9. Use this Website or any other Dark Arts Site or Server in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or
10. Breach the terms of any suspension or ban or seek alternative access.

You acknowledge that you are solely responsible for maintaining a secure password for the purpose of gaining access to the member sections of this Website or any other Dark Arts Site or Server.

You agree to indemnify Dark Arts and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of this Website or any other Dark Arts Site or Server other than in accordance with these Terms and Conditions.

6. Dark Arts Privacy Policy

If you provide information to Dark Arts on or through this Website or any other Dark Arts Site or Server, Dark Arts will use it in accordance with the terms of its privacy policy. That privacy policy forms part of these Terms and Conditions and by using this Website or any other Dark Arts Site or Server you acknowledge and agree that you have read and accept the terms of that privacy policy.

7. Disclaimer / Liability

Use of this Website, any other Dark Arts Site or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content is at your own risk. To the maximum extent permitted by law: (a) Dark Arts disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other Dark Arts Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other Dark Arts Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose and title are, as between Dark Arts and you, hereby excluded. Dark Arts will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other Dark Arts Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Website or any other Dark Arts Site or Server or Third Party Website, whether by Dark Arts or on its behalf, for any:

1. economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
2. loss of goodwill or reputation; or
3. special or indirect or consequential loss.

If Dark Arts is liable to you directly or indirectly in relation to this Website, any other Dark Arts Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Website or any other Dark Arts Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Dark Arts granting you membership to this Website.

Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Dark Arts or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.

8. Access Restriction

Dark Arts reserves the right in its sole discretion to deny you access to this Website or any other Dark Arts Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, Dark Arts may deny you access to this Website or any other Dark Arts Site or Server if Dark Arts exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.

9. Online Competitions

If you take part in any competition which is run on or through this Website or any other Dark Arts Site or Server (“Competition”), you agree to be bound by the Online Competition Rules and any other rules specified by Dark Arts from time to time (“Competition Rules”) and by the decisions of Dark Arts, which are final in all matters relating to the Competition. Dark Arts reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

10. General

These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Dark Arts concerning your use of this Website or any other Dark Arts Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Dark Arts in relation to such matters. Dark Arts reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of Dark Arts.

These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of Dark Arts, to submit to the exclusive jurisdiction of the English Courts.

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

Dark Arts’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dark Arts in writing.

Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Dark Arts and its group of companies.