Conditions of Use

DarkSwan Designs Conditions of Use

Conditions Of Use: This web site is offered to you, the user, conditioned upon acceptance of the terms, conditions, and notices contained herein and without modification. Darkswan Designs (hereafter also referred to as Darkswan or Darkswan Designs) may modify the content or format of this web site or discontinue the operation of this web site at its sole discretion and without advance notice. Your access and use of this web site constitutes acceptance of these terms and conditions. No part of this web site may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of Darkswan Designs.

Web Site Use: The User agrees to use this web site as permitted by applicable local, state, and federal laws. Additionally, the User agrees not to: 1) knowingly and without authorization, alter, damage, or destroy Darkswan Designs or another user's computer system, network, software, web site, program, documentation or data contained therein; 2) use this web site to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Any action by the User that results in the blocking of access to this web site by other users or Darkswan Designs will be deemed an unauthorized use.

Monitoring of Use: By using this web site, the User expressly consents to administrative monitoring at all times. The User is further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If the User does not consent to any monitoring, the User should exit this web site now.

Disclaimer: Every effort has been made by Darkswan Designs to offer the most current, correct, and clearly expressed information possible. Nevertheless, it is possible that errors in information posted may occur. In particular but without limitation to any portion of this Agreement, Darkswan Designs disclaims any responsibility for inadvertent errors and the accuracy of any news. Darkswan Designs and other parties involved in producing this site assume no liability for any direct or incidental damages arising out of access to

Links to Third Parties Web Sites: Darkswan Designs web pages may currently or in the future include links to web sites that are controlled or operated by third parties. Darkswan Indulgences assumes no responsibility or liability for any information, communications or materials at such sites, or at any link contained in a linked site. Darkswan Designs does not intend any third party links to be considered as referrals or endorsements of the linked entities or any products and/or services marketed by them and are provided for convenience only. The User assumes sole responsibility for use of any third party links and pointers.

Intellectual Property: The User acknowledges that this Darkswan Designs web site contains intellectual property that is protected by state and/or federal trademark, trade secret and/or copyright laws. The User agrees not to use, reproduce, distribute copies, or create derivative works of any portion of this web site including the content therein, or engage in any other action that may violate the intellectual property rights of Darkswan Designs.

Assumption of Risk: By using Darkswan Designs web pages for any purpose, the User assumes all risks associated with the use of this site and its individual pages. This risk includes but is not limited to any risk to the user's computer, software or data being damaged by any virus, software, or other file which might be transmitted or activated via a Darkswan Designs web page or the user's access to it. Darkswan Designs shall under no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to lost profits or lost revenues, arising out of or in any way connected to the use or misuse of this web site, or from any information, lack of information, documents, software, services, or other material obtained through any Darkswan Designs web pages. The User also assumes any and all risk arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, even in the event that Darkswan Designs and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. Darkswan Designs shall not be liable for any loss or injury caused in whole or in part by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, displaying, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon the information or lack of information furnished.

Forbidden Uses: UNDER NO CIRCUMSTANCE SHALL THE USER ACCESS OR ATTEMPT TO ACCESS Darkswan Designs'(s) COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF EXECUTING ANY OPERATION TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR FEDERAL LAW. Darkswan Designs reserves the right to terminate at its own discretion the user's use of this web site or forbid the User from accessing this web site in the future in the event of any abuse of the web site or any unauthorized or forbidden use by the User.

Use of Interactive Media: To the extent that this site contains or may contain electronic mail links, bulletin boards, discussion forums, chat rooms, or other message or communication facilities involving Darkswan Designs and/or other users, the User agrees to use such forums in their intended manner. Under no circumstances shall the user violate any law by using such forums for purposes including but not limited to defaming or harassing others, violating intellectual property rights of Darkswan Designs or a third party, posting or sending obscene or offensive material, and introducing viruses, corrupted files or other programs which could damage or alter this web site or the computers of Darkswan Designs or a third party. Darkswan Designs reserves the right to remove any contents of this web site for any reason whatsoever. The User acknowledges that any material posted by parties other than Darkswan Designs or its affiliates are not endorsed by Darkswan Designs, and such communications shall not be considered reviewed or approved by Darkswan Designs.

Indemnification: The User agrees to indemnify Darkswan Designs, its officers, agents, employees, and other personnel under its control against any and all liability, expenses, attorney fees, and damages arising out of or relating to the use of this web site in any way, including any claims alleging facts that if true would constitute a breach by the User of these terms and conditions.

No Contractual Relationship: The User acknowledges that, by the use of this web site, no relationship of any kind, including but not limited to partnerships, joint ventures, employment, contractual, or agency relationship, exists between the user and Darkswan Designs or any of its affiliates or employees.

Jurisdiction: This Agreement is governed by the laws of the State of
Texas in the United States of America. The User consents to the exclusive jurisdiction and venue of courts located in Texas, United States in all disputes arising out of or relating to the use of this web site. Use of this web site is not authorized in any jurisdiction that does not give effect to all provision of these terms and conditions. The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding out of or relating to this Agreement brought in any such court and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.

Applicable Laws: Darkswan Designs performance of this Agreement is subject to existing laws and legal process and nothing contained herein is in derogation of Darkswan Designs right to comply with law enforcement requests or requirements relating to any party's use of this web site or information provided to or collected by Darkswan Designs regarding such use.

Survival: If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that closely resembles the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement: This Agreement constitutes the entire agreement between the User and Darkswan Designs regarding this web site. This Agreement supersedes all prior or contemporaneous communications made in any medium of expression between the User and Darkswan Indulgences (hereafter also referred to as Darkswan or Darkswan Designs) regarding this web site.

Last Updated April 21, 2007