Terms of ServiceThese Terms of Service were last updated on April 26, 2011.
The services offered by Dark Horse Comics, Inc. ("Dark Horse Digital" or "Dark Horse" or "DHD" or "us" or "we" or "our") include the website at digital.darkhorse.com ("Website") as well as any other related websites, toolbars, widgets, or other distribution channels we may, from time to time, operate (collectively, "Dark Horse Digital") and any other features, content, services or applications offered, from time to time, by us (collectively, the "Services").
This Agreement also covers the download and use of software applications ("Apps") distributed by Dark Horse and used to access information and content and comic books, graphic novels and other publications ("Products") hosted by Dark Horse and its partners. These Guidelines apply in addition to any conditions or agreement imposed by any distribution partners or service providers participating in the hosting, network service, and distribution of any such applications and products.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Website or Application on or through Our Website as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
Table of Contents
- Prohibited Activities
- Payments & Return Policy
- DHD Communications
- Third Party Interaction
- Privacy of Your Information
- Disclaimer of Warranties
- Limitation of Liability
- Changes to DHD Services
- Term and Termination
- Law and Arbitration
- Copyright & Trademark Information
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age and older; and (d) your use of the Services does not violate any applicable law or regulation. Your account may be deleted and your Membership may be terminated without warning if we suspect that you are less than 13 years of age.
By becoming a Member you will also be asked to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal actions against individuals who misuse accounts and memberships on Our Website.
If we believe that your account has been compromised, either by deliberate sharing or accidental exposure of account details, we reserve the right to reset your account password and/or suspend access to your account pending an investigation of the means of compromise.
Access to our Website is free of charge; however, access to some content hosted on our site requires payment. We will process payment for this content via a trusted banking partner, who may require additional personal information about any attempts to submit or modify payment details through our Website.
If we detect attempts to defraud or avoid payment for paid content, we will immediately suspend your account. This may result in loss of access to content that you previously paid to access. Accounts so suspended will only be reinstated once valid payment has been processed for all previous transactions, and we retain the right to permanently block accounts, payment sources, or network addresses that we believe are being used in an attempt to defraud us or any outside party.
Subject to the terms and conditions hereof, DHD grants you a limited, non-exclusive, and revocable license to use the Service only to the extent described on the Site, and to download and display Products on each of your devices under the applicable EULA for your own personal, non-commercial use. DHD and its licensors own and retain all intellectual property rights in the Service and the Products. Except as expressly specified herein, the provision of the Service and the Products does not transfer to you or any third party any rights in, or ownership of, such intellectual property. DHD reserves the right to change or discontinue any and all features of the Service at any time, with or without notice.
The rights granted to you hereunder are subject to the following restrictions:
- The Services and Products are intended for personal use and are not divisible, accordingly you shall not license, hypothecate, assign, distribute, host, disclose or otherwise commercially exploit the Service or Products.
- you shall not alter, decompile, make derivative works of,or reverse engineer any part of the Service or Products for any purpose, personal, commercial or competitive, and, except as expressly stated herein, no part of the Service or Products may be, reproduced, distributed, downloaded, or transmitted in any form or by any means, electronic or otherwise.
- you will not use any device or software to damage or interfere with the Service or any part thereof.
- any updates to the Service or Products are subject to the terms hereof unless stated otherwise by DHD.
- you shall preserve all copyright notices and other proprietary rights notices on the Products and all copies thereof.
DHD will enforce its intellectual property rights to the fullest extent of the law including, without limitation, seeking criminal prosecution as applicable.
The following is a partial list of the kind of activities that are prohibited through the use of the Services. DHD reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. DHD further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Activities include, but are not limited to, activities that in the sole discretion of DHD:
- are illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence;
- communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
- involves sending or otherwise posting unauthorized commercial communication (such as spam);
- interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services;
- attempts to impersonate another person or entity, including, but not limited to, a Member or DHD official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
- provides false personal information on Our Website, or creates an account for anyone other than yourself without permission;
- involves selling or otherwise transferring your account without our prior permission;
- facilitates or encourages any violation of these Terms of Service;
- may constitute or contribute to a crime or tort.
You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize DHD to charge your credit card, charge card, debit card, or financial institution account (herein "Payment Method") for all charges to your accounts with DHD. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction.
You acknowledge and agree that any credit card and related billing and payment information that you provide to DHD may be shared by DHD with third parties, such as payment processors and/or credit agencies, solely for the purpose of effecting payment to DHD and servicing your account.
If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You agree to pay DHD all charges incurred under your account for any Paid Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Paid Services terms. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) DHD may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) DHD reserves the right to either suspend or terminate your account with DHD. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to DHD within ninety (90) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Due to the digital nature of the products sold on this site, all sales are final. If you have questions or concerns, please contact our customer service department.
You are responsible for paying any governmental taxes imposed on your use of Our Website, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to DHD the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that DHD is obligated to collect such taxes, the applicable tax will be added to your billing account.
It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by DHD in its sole discretion. By providing DHD your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or DHD offers. If you do not want to receive certain email messages, you may opt out through your account preferences. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. DHD reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
DHD, Users or third parties may provide hyperlinks on Our Website or Websites, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on Our Website or any Website imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. DHD expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through Our Website. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
YOUR USE OF OUR WEBSITE, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. OUR WEBSITE, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DHD AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
DHD AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT OUR WEBSITE, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE 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 DHD OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM OUR WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
DHD IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON OUR WEBSITE, PLATFORM, APPLICATIONS OR WEBSITES.
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL DHD OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DHD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES,; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $50 AND (ii) THE TOTAL AMOUNTS PAID TO DHD BY YOU FOR THE PRODUCTS OR SERVICES IN QUESTION IN THE TWELVE (12) MONTHS PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
You agree to indemnify, defend, and hold harmless DHD, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:
- your use or misuse of the Services;
- your breach or alleged breach of this Agreement; or
- your violation of any rights (including intellectual property rights) of a third party.
DHD reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the DHD Services or any part thereof with or without notice. DHD will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on Our Website. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of Our Website or any Website after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to Our Website. The revised version will apply to you immediately if you are a User who registers or first uses Our Website on or after the posting of the revised version.
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of Our Website at any time and for any or no reason. DHD has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Our Website, or (ii) remove and discard any Content.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
This Agreement shall be governed by the laws of the State of Oregon without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Oregon for the purpose of litigating all such claims or disputes Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
You agree to comply with all policies applicable to DHD and Our Website, which policies are either posted on Our Website or provided to you. In addition, you agree to comply with all applicable laws. The failure of DHD to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Your accounts are non-transferable. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. DHD may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of any DHD computer system is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Section 1030, et seq.), the Oregon Criminal Law Code and Oregon Commercial Law Code. Such violations may subject you and your agents to civil and criminal penalties. This Agreement constitutes the entire agreement between you and DHD and governs your use of Our Website, superseding any prior agreements (whether written or oral) between you and DHD regarding the subject matter hereof. The other Users of Our Website are intended third party beneficiaries of your obligations under this Agreement. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God". Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
Entire contents trademarked (® or ™) and copyrighted (©) 1986-2011 by Dark Horse Comics Inc. and its respective Licensors. Dark Horse, Dark Horse Comics, and the Dark Horse logo are trademarks of Dark Horse Comics, Inc., registered in various categories and countries. Dark Horse respects your privacy.