Terms | Dark Passage

TERMS OF USE

Effective Date of Terms of Use: August 3rd, 2023

These Terms of Use apply to this website and any other website, application, or online service that is links to these Terms of Use, including author websites and online services, however accessed and/or used, that are operated or otherwise made available by Dark Passage Films, LLC and are collectively referred to as the "Sites."

By accessing and using these Sites, you agree to be bound by this legal agreement between you (referred to as "you" or "user") and Dark Passage Films, LLC ("DPF," "we," "us," or "our"). This agreement outlines the essential terms and conditions that govern your use of the Sites. It also includes any future updates, supplements, additional terms, and all rules and policies established by DPF, together forming the entirety of the "Agreement" between you and DPF.

Please note that DPF reserves the right to change, modify, add, or remove portions of these Terms of Use at any time, at our discretion. We advise you to check these Terms of Use periodically for any changes. By continuing to use these Sites after any modifications have been posted, you signify your acceptance of those changes.

If you do not agree to the terms and conditions stated in this Agreement, we kindly ask you to leave this site immediately. However, if you proceed to access and use these Sites, it will be understood that you are legally bound by this Agreement. Keep in mind that additional terms and conditions may apply to the purchase of products, including shipping and return policies.

Thank you for reviewing these terms, and we hope you enjoy your experience on our Sites! If you have any questions or concerns, please feel free to reach out to us.

The Sites are both owned and operated by DPF, along with its affiliates and vendors. All the content presented, displayed, or made available for sale on the Sites, encompassing text, graphics, photographs, images, moving images, sound, illustrations, software, and any other content (collectively referred to as the "Content"), is the exclusive property of DPF, its licensors, vendors, and content providers. All aspects of the Sites, including the overall design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws concerning intellectual property rights.

Each Site may solely be used for its intended purpose. With the exception of specific documents where indicated on the Sites, you are authorized to view, play, print, and download documents, audio, and video from our Sites solely for personal, informational, and noncommercial purposes. It is prohibited to modify any materials, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, or sell any information or content present on the Sites.

If you wish to reuse any copyrighted material found on the Sites, you are responsible for obtaining the necessary permission, except as permitted under applicable copyright laws. Using such material on any other website or networked computer environment is strictly prohibited according to these terms.

Your use of the Sites must comply with all relevant domestic and international laws, statutes, ordinances, and regulations. Unless otherwise explicitly agreed in writing, the Sites, the Content, and all associated rights shall remain the exclusive property of DPF and its licensors. You are not allowed to remove any copyright, trademark, or other proprietary notices from materials found on the Sites.

Site Access License

DPF grants you a limited, revocable, non-exclusive, and non-transferable license to access and use the Sites and their Content strictly for personal and non-commercial purposes. However, this license does not permit you to download (except for page caching or as allowed by DPF or permitted by law) or modify the Sites or any portion of their Content.

Commercial use or resale of the Sites or their Content is not allowed under this license. Furthermore, you are not authorized to collect and use product listings, descriptions, or prices from the Sites, create derivative works based on the Sites or their Content, download or copy account information for the benefit of another merchant, or employ data mining, robots, or similar tools for data extraction.

The reproduction, duplication, copying, selling, reselling, visiting, or exploitation of the Sites or any portion of their Content for commercial purposes requires DPF's explicit prior written consent. You are also prohibited from framing the Sites or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DPF, its content providers, or its affiliates without prior written consent.

Using meta tags or any other "hidden text" that utilizes DPF's name or trademarks is not allowed without our express prior written consent. Additionally, you agree not to take any actions that may impose an unreasonable or disproportionately large load on our infrastructure, interfere with the proper functioning of the Sites, or attempt to bypass any measures we implement to prevent or restrict access to the Sites.

Any unauthorized use of the Sites or their Content will automatically terminate the permissions and licenses granted to you by DPF.

Corporate Identification & Trademarks

All trademarks, service marks, and trade names used on this website, including the corporate names and logos of DPF and its publishing divisions and imprints, as well as the names and designs of the Sites and any logos, are either trademarks or registered trademarks of DPF, its affiliates, partners, vendors, or licensors. It is strictly prohibited to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any manner, including in advertising or publicity related to the distribution of materials on the Sites, without obtaining DPF's express prior written consent. The use of DPF's trademarks on any other website or network computer environment is not permitted.

However, you are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Sites, provided that the link does not portray DPF, its content providers, licensors, affiliates, products, or services in a false, misleading, derogatory, or offensive manner. Nevertheless, you may not incorporate any DPF logo or other proprietary graphic or trademark as part of the link without obtaining express written permission from DPF. Unless expressly stated herein, no rights or licenses are granted under this agreement.

Links to Third Parties & No Endorsement

The Sites may contain links to other websites controlled by third parties. These links are provided solely for your convenience and do not imply any endorsement or affiliation with the owner of the linked site by DPF. DPF bears no responsibility for the contents or use of any linked site, nor does it endorse any consequence resulting from making such a link. Additionally, the Sites may include a tool allowing you to sign in or register using information from your account with a third-party service (e.g., Facebook, Twitter). Please note that these third-party services are unrelated to the Sites, and your usage of such services is subject to the terms and policies of those specific services.

Unauthorized Use of DPF's Name and Endorsement

You are strictly prohibited from using DPF's name or any language, pictures, or symbols that could imply DPF's endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or any other written material, without obtaining prior written consent from DPF.

We value the protection of our trademarks and intellectual property rights, and we kindly ask for your cooperation in adhering to these guidelines. If you have any questions or require permission for the authorized use of DPF's trademarks, please contact us in advance.

Fees

When purchasing any products or services from the Sites, DPF or its vendors/agents will bill your credit card or an alternative payment method. Charges will be incurred at the time of item shipment or delivery. Please note that prices may change between the pre-order and shipping stages, and if you wish to cancel your order, you can do so by contacting customer service at info@darkpassagefilms.com

By providing credit card information to us or our vendors, you confirm that you are an authorized user of the credit card used for payment. In case legal action becomes necessary to collect outstanding balances, you agree to reimburse DPF and its vendors/agents for all expenses incurred in the recovery process, including attorney's fees and other legal expenses. Additionally, you are responsible for purchasing and paying charges for all Internet access services and telecommunications services required for using the Sites.

Data collection and usage, including personal information, are governed by DPF's Privacy Policy, which is an integral part of this Agreement and is incorporated herein.

User Submissions

In situations where we have specifically invited or requested user-submitted content of any kind, such as user-generated content, forum postings, comments, or participation in communities, we encourage the public to submit such content to DPF for consideration in connection with the Sites and related programs (referred to as "User Submissions"). The intellectual property rights of User Submissions remain with the individual user.

By posting your content on the Sites, you expressly grant DPF a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such content and your name, voice, and/or likeness (if included in the User Submission), in whole or in part, and in any form throughout the world, using any media or technology, whether currently known or discovered in the future. This includes all forms of promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses. DPF also retains the right to sublicense these rights, perpetually and universally.

Please be aware that we reserve the right to refuse or remove any User Submissions for any reason and without prior notice. All User Submissions are considered non-confidential, and DPF is not obligated to maintain the confidentiality of any information contained in any User Submission, in any form.

By submitting any User Submissions, you agree to adhere to the following guidelines:

User Submissions must not violate the intellectual property rights of any third party, including copyright, trademark, patent, or other intellectual property rights. If your User Submission contains work that is not originally yours, you must obtain all necessary permissions from those who contributed to or control the rights in the content.
User Submissions must respect the right to privacy or publicity of third parties. You are required to obtain all necessary permissions from individuals featured or implicated in your User Submission, including those appearing in photographic content, and obtain consent from parents or legal guardians in the case of minors.
User Submissions should be relevant to the content on the Sites and intended to contribute to the discussion and community on the Sites.
User Submissions must be respectful towards others. Offensive language, intimidation, or language intended to incite violence is strictly prohibited. Negative comments based on race, national origin, gender, sexual orientation, physical handicap, or that are defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit are not allowed.
User Submissions must not contain any commercial content, solicit funds, promote commercial entities, or engage in any commercial activities. You are not allowed to solicit other users to join commercial online services or organizations.
Impersonation of any person or entity or misrepresenting your affiliation with any person or entity is strictly prohibited.
Keep in mind that forums and other areas on the Sites are public, so avoid posting personal information (e.g., full name, password, phone number, address, email address, or other personally identifiable information) in these areas.

All User Submissions must comply with these rules and any additional guidelines posted on the Sites. It is important to note that User Submissions do not reflect the views of DPF or any individual associated with DPF, and we do not control this content. Therefore, DPF does not endorse or vouch for the accuracy or credibility of any User Submissions, nor does it assume any responsibility or liability for any actions resulting from reading User Submissions on the Sites. By using the Sites, you acknowledge that you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate, or deceptive. Additionally, there may be risks associated with interacting with underage persons, people acting under false pretenses, international trade issues, and foreign nationals. By using the Sites, you assume all associated risksRemoval of User Submissions

DPF will not monitor, edit, or disclose the contents of users' emails, except when necessary for the regular maintenance of the Sites and its systems, or when required by law or in good faith belief that such action is necessary to comply with the law, protect DPF's rights or property, or ensure the safety of guests, the Sites, or the public. Users are solely responsible for the content of their messages, and DPF is not obligated to pre-screen any such content. However, DPF reserves the right to edit, refuse to post, or remove any material submitted to or posted on the Sites. DPF may also deny access to the Sites for any user who fails to comply with these Terms of Use.

Indemnification

You agree to defend, indemnify, and hold harmless DPF, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or in connection with your use of the Sites or the placement or transmission of any message or information on the Sites by you. If you registered as a member of a Site, you are solely responsible for any and all activities occurring under your account and agree to indemnify, defend, and hold harmless the mentioned parties for any liability or expense arising from such use or misuse. You also agree to immediately notify DPF of any unauthorized use of your account or any other breach of security that comes to your attention.

Force Majeure

Neither DPF nor you shall be held responsible for damages or delays in performance resulting from acts or occurrences beyond their reasonable control, including but not limited to fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, acts of civil or military authorities, or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or representative thereof; labor unrest, including strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel, or energy shortages; or acts or omissions of other common carriers.

Governing Law

The Sites are created and controlled by DPF in the State of New York, USA, unless otherwise specified. The laws of the State of New York shall govern these disclaimers, terms, and conditions of use. By using any of the Sites, you consent to the exclusive jurisdiction and venue of courts in New York, New York, for all disputes arising from or related to the use of the Sites. In case any portion of these terms is deemed unenforceable, the unenforceable portion shall be interpreted in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining provisions shall remain in full force and effect. DPF failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Entire Agreement

This Agreement constitutes the entire agreement between the user and DPF, superseding any prior understandings or agreements, whether written or oral.

DPF and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Digital Millennium Copyright Act Notice Policy.

Digital Millennium Copyright Act Notice Policy

In compliance with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a manner that constitutes copyright infringement, please contact our designated agent for notices of infringement and provide the the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Sites;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated agent for notice for claims of copyright infringement can be reached as follows:

info@darkpassagefilms.com

All other inquiries (e.g., requests for technical assistance, customer service, email abuse reports, and piracy reports) should be directed to our customer service group via email to info@darkpassagefilms.com. While DPF will try to respond to all customer service inquiries, we cannot guarantee such a response.