WELCOME TO DARK HOLLOW FILMS!

Terms & Conditions

READ CAREFULLY – YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS.

Be sure to thoroughly read this Terms of Service Agreement (“Terms of Service”), as it covers the terms and conditions that apply to your use of our website (the “Site”). Dark Hollow Films reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Service at any time. It is your responsibility to check this Terms of Service each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to be bound by such modifications to the Terms of Service.

General Terms and Conditions

In consideration of use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Dark Hollow Films has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.

You acknowledge and agree that you must: (a) provide for your own access to the Internet and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the Internet, including a computer and modem or other access device.

By using the Sites, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, Dark Hollow Films DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER Dark Hollow Films NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Dark Hollow Films, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Dark Hollow Films is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Site, and is the copyright owner or licensee of the content and/or information on this Site including but not limited to any screens appearing at the Site. You may not download, publish, transmit, reproduce, and/or save a copy of any information from the Site, including but not limited to photographs, text, graphics, or screens, except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Dark Hollow Films does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.

To notify us of a copyright infringement, write to us at:

Dark Hollow Films

Legal Department

13389 Folsom Blvd., Suite 300-185

Folsom, CA 95610

a.Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

b.The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

c.A description or identification of the copyrighted work you claim has been infringed.

d.A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.

e.Your address, telephone number, and e–mail address.

f.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

g.A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.

Dark Hollow Films reserves the right to change any information on this Website including but not limited to revising and/or Dark Hollow Films assumes no responsibility of any kind for the content, availability or otherwise. (See “Links from and to our websites” below.) The content presented at the Site may vary depending upon your browser limitations.

User Conduct on the Site

1.While using the Site, you may not:

2.Restrict or inhibit any other user from using and enjoying the Site; or

3.Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or

4.Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Dark Hollow Films) or engage in spamming or flooding; or

5.Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or

6.Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or

7.Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, photographs, or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or

8.Upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

Dark Hollow Films has no obligation to monitor the Site. However, you acknowledge and agree that Dark Hollow Films has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. Dark Hollow Films will not intentionally monitor or disclose any private electronic-mail message unless required by law. Dark Hollow Films reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e–mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions (“your Communications”) will be treated as non-confidential and nonproprietary. In addition, Dark Hollow Films is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.

Failure to Comply With Terms and Conditions and Termination

You acknowledge and agree that Dark Hollow Films may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that Dark Hollow Films in its sole discretion believes violate any the Terms of Service, violate the rights of Dark Hollow Films, or is otherwise inappropriate for continued access.

You acknowledge and agree that Dark Hollow Films may in its sole discretion deny you access through Dark Hollow Films to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Dark Hollow Films, and Dark Hollow Films shall have no responsibility to notify any third–party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold Dark Hollow Films and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Service by you or users of your account.

Links from and to this Website

You acknowledge and agree that Dark Hollow Films and any of its licensors have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by Dark Hollow Films or its licensors of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to Dark Hollow Films’ Site comes from a variety of sources. Some of this information comes from official Dark Hollow Films licensors, but some of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Dark Hollow Films. Dark Hollow Films does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Dark Hollow Films and its licensors 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 such external sites or resources.

Other Information

Dark Hollow Films is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

If you wish to make purchases through the Site, you may be asked by the credit card or third party payment processor to supply certain information, including credit card or other payment mechanism information. You agree not to hold Dark Hollow Films liable for any loss or damage of any sort incurred as a result of any such dealings with any credit card or third party payment processor through the Site. You agree that all information you provide any credit card or third party payment processor through the Site for purposes of making purchases will be accurate, complete and current.

You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.

Miscellaneous

The Terms of Service and the relationship between you and Dark Hollow Films shall be governed by the laws of the State of California without regard to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of the federal or state courts located in Sacramento, California, United States of America, over any suit, action or proceeding arising out of these Terms of Service.

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

The failure of Dark Hollow Films to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Call us at 310-625-7662.

Send us an email at info@darkhollowfilms.com

Write to us at:

Dark Hollow Films

13389 Folsom Blvd. Suite 300-185

Folsom, CA 95630

Last updated March, 2015