3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age and have the proper authority to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DarkStar, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DarkStar, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may choose or will receive a username/password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. If we don't notify you first, you agree to (a) immediately notify DarkStar, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DarkStar, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not DarkStar, Inc. are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. DarkStar, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DarkStar, Inc. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a) Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy or publicity, hateful, or racially, ethnically or otherwise objectionable;
b) Harm minors in any way;
c) Impersonate any person or entity, including, but not limited to, a DarkStar, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Spamming, or the sending of unsolicited email, using an email address, URL that is maintained on an DarkStar, Inc. Service, or directing traffic to a web page that contains any reference to DarkStar, Inc. Services is STRICTLY prohibited. DarkStar, Inc. will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account without refund. Any service interruptions as a result of member spamming will be billed to the member at $50.00 per hour until service is restored. The member will also be in violation of the DarkStar, Inc. Terms Of Service Agreement and subject to legal action (please read our complete Spam Policy).
h) Upload, post, email, transmit or otherwise make available any material that contains software viruses, corrupted data or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) Delete any author attributions, legal notices or proprietary designations or labels of any material that you upload, post, email, transmit or otherwise make available;
j) Delete or revise any material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology;
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any DarkStar, Inc. product or service if you are not expressly authorized by such party to do so;
m) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
n) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
o) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Trade Commission, any rules of any national or local agency, including, without limitation, the Federal Fair Credit Reporting Act, Title 15, USC 1681, et. seq., the 1999 Graham-Leach-Bliley Bank Privacy Act, the Driver's Privacy Protection Act and any other regulations having the force of law;
p) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
q) "stalk" or otherwise harass another; and/or
r) search for, collect or store personal data about other individuals for the purpose of misrepresentation, impersonation or in connection with the prohibited conduct and activities set forth in paragraphs (a) through (q) above.
You acknowledge that DarkStar, Inc. may or may not pre-screen Content, but that DarkStar, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, DarkStar, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by DarkStar, Inc. or submitted to DarkStar, Inc. including without limitation information in DarkStar, Inc. Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that DarkStar, Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of DarkStar, Inc. its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DarkStar, Inc. and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
DarkStar, Inc. does not claim ownership of Content you submit or make available for inclusion on the Service. However, you agree to grant to DarkStar, Inc. a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit or make available for inclusion to any public or member-only areas of the DarkStar, Inc. web sites (such as bulletin boards, forums and newsgroups) or by e-mail to DarkStar, Inc. by all means and in any media now known or hereafter developed. You also grant to DarkStar, Inc. the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DarkStar, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to DarkStar, Inc..
8. INDEMNITY
You agree to indemnify and hold DarkStar, Inc. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your DarkStar, Inc. User Name/Password), use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that DarkStar, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on DarkStar, Inc. 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that DarkStar, Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that DarkStar, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that DarkStar, Inc. reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE
DarkStar, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DarkStar, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that DarkStar, Inc. may, under certain circumstances and without prior notice, immediately terminate your DarkStar, Inc. account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your DarkStar, Inc. account includes (a) removal of access to all offerings within the Service, including but not limited to DarkStar, Inc. Private Messages, Groups, Chat, Message Boards, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in DarkStar, Inc.'s sole discretion and that DarkStar, Inc. shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that DarkStar, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DarkStar, Inc. has no control over such sites and resources, you acknowledge and agree that DarkStar, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DarkStar, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. DARKSTAR, INC. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DarkStar, Inc. or advertisers, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Content including text, graphics or the code and/or Software, in whole or in part.
DarkStar, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DarkStar, Inc. for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DARKSTAR, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
DARKSTAR, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DARKSTAR, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DARKSTAR, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DarkStar, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIFIED PROVISIONS OF SERVICE
DarkStar, Inc. does accept search or research assignments from attorneys provided the attorney (Client) specifically agrees to indemnify, defend and hold DarkStar, Inc. (DSI), and its officers, employees, agents, representatives, affiliated companies or entities, suppliers, database providers, independent contractors, etc. harmless from and against any and all claims, suits, costs and liabilities whatsoever which may be asserted and/or assessed against DarkStar, Inc., or its officers, employees, agents, representatives, affiliated companies or entities, suppliers, database providers, independent contractors, etc. based upon any use by Client of any DarkStar, Inc., system or service and/or based upon any use by Client of any information obtained from/though any DarkStar, Inc., system or service. This includes any action for damages in any civil court; defense of DSI against any claim by the United States or any Regulatory agency of the United States; or any local, state or federal Grand Jury action. Defense of DSI shall be done by ITS attorneys only, and the costs thereof shall be paid by the Client.
Client understands and agrees that DarkStar, Inc., does not guarantee, warranty or otherwise promise to provide or obtain any specific result or information in connection with any investigation or request or report or database access or any other work or activity conducted or undertaken or attempted by DarkStar, Inc., on the behalf of and/or at the request of the Client.
The Client is and will be invoiced / charged, and the Client hereby agrees to pay in full, any and all prevailing applicable charges and costs for databases accessed and/or work and/or activity of any kind conducted by DarkStar, Inc., on Client's behalf and/or at Client's request, regardless of the (resulting) data or information provided to or obtained by the Client, including Reports stating or reporting a negative or "no record located" result.
Client additionally understands and acknowledges that when requests, data or information submitted to DarkStar, Inc., by the Client are inaccurate, misspelled or incomplete, it can directly cause and result in no data or incorrect data or information being returned/provided to the Client, and Client is aware and agrees that Client is and will be charged for databases accessed or work or activity conducted/performed based on Client provided information or input data, whether or not the data or information provided by Client is / was accurate or complete.
Client understands and agrees that should any sums of money payable to DarkStar, Inc., pursuant to this agreement not be paid by Client, thereby creating a need for DarkStar, Inc., to incur any legal or collection or other expense in connection with DarkStar, Inc.'s efforts to collect these monies due, then Client must reimburse DarkStar, Inc., in full for any and all legal and/or collection and/or other expenses including, but not limited to, attorney's fees and compensation for any time which representatives of DarkStar, Inc., must expend to collect these monies.
Client also understands and agrees that Client must reimburse DarkStar, Inc., in full for any and all legal fees which DarkStar, Inc., or its officers, employees, agents, representatives, affiliated companies or entities, suppliers, database providers, independent contractors, etc. may be required to pay should DarkStar, Inc., or its officers, employees, agents, representatives, affiliated companies or entities, suppliers, database providers, independent contractors, etc. need to retain legal representation to protect their rights and/or interests in connection with any situation of any kind arising from DarkStar, Inc., agreeing to provide Client with access to any DarkStar, Inc., system or service. Client understands and agrees that all legal fees incurred by DarkStar, Inc., and/or its officers, employees, agents, representatives, affiliated companies or entities, suppliers, database providers, independent contractors, etc. must be reimbursed by Client within thirty (30) days of DarkStar, Inc.'s written request.
20. PRICING AND REFUND POLICY
Pricing for the Services is as specified throughout the Site but may be adjusted periodically without notice to you. Charges are billed to the user one time during payment registration and are not recurring.
All PRISM modules offered on the website have a try-before-you-buy feature. New users are encouraged to download the free trial version to make sure the PRISM module will meet your needs. Once purchased, all sales are considered final and no refunds are given.
21. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
22. NOTICE
DarkStar, Inc. may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
23. TRADEMARK INFORMATION
The DarkStar, Inc., DarkStar, IDS, and/or any other DarkStar, Inc. logos and product and service names, or its Web sites, events, publications, content or services referenced herein or on the DarkStar, Inc. web sites are the exclusive trademarks and service marks of DarkStar, Inc. , including the "look" and "feel" of the Site, color combinations, layout, and all other graphical elements (the "DarkStar, Inc. Marks"). Without DarkStar, Inc.'s prior permission, you agree not to display or use in any manner the DarkStar, Inc. Marks.
Other product and company names mentioned in the DarkStar, Inc. web sites may be the trademarks of their respective owners.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
DarkStar, Inc. respects the intellectual property of others, and we ask our users to do the same. DarkStar, Inc. has no responsibility for content on other web sites that you may find or access when using DarkStar, Inc. ’s products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the DarkStar, Inc. Terms of Service, govern your use of that material.
It is DarkStar, Inc.’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of DarkStar, Inc. and/or others.
Notice for Claims of Intellectual Property Violations
This Site has been constructed using open source (GPL) software. Certain content has been used from non-copyrighted sources. All graphics and images have been downloaded in good faith from websites offering non-copyrighted material. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DarkStar, Inc. the following information:
