Darkandpink.com is currently undergoing BETA testing.
During BETA testing, Darkandpink.com may experience increased defects, issues, errors, downtime, false information and inaccuracies. This is to be expected during this period. Do not rely in any way on the correct functioning or performance of the website.
During this period:
All software, documentation, websites, and any content accessed through the website and web site you are about to use on Darkandpink.com are protected by Canadian and international laws, including copyright laws and treaties. The Company owns all right, title and interest to The Website.
Should you discover another site or website that uses our copyrights, or if another user has posted information that is copyrighted, please contact us at our contact page.
The issues and topics discussed on the darkandpink.com website are fictional and do not represent in any way shape or form the opinions or thoughts of the R & G Media Inc. Corporation nor the owners and/or the subsidiaries and/or the affiliates.
These terms do not transfer title of The Website to you. The rights granted herein are limited to certain of the Company and its licensor’s rights and do not include any other patents or other intellectual property rights. The Company and its licensors retain full and complete title to The Website and all intellectual property rights therein.
The Company hereby grants you a non-exclusive license use of The Website for personal, non-commercial use only.
All content on the Site and available through The Website, including but not limited to designs, text, graphics, pictures, video, information, websites, software, music, sound, and other files, and their selection and arrangement are the proprietary property of the Company, or its licensors and are considered part of The Website.
You may not (and you agree not to permit another person to):
Without limiting the foregoing, copying or reproduction of The Website to any other server or location for further reproduction or redistribution is expressly prohibited. You acknowledge that The Website is not intended for use in connection with any high risk or strict liability activity and the Company makes no warranty and shall have no liability in connection with the use of The Website in any such situations.
Without limiting the foregoing, we reserve the right, at our sole discretion, to change, modify, add, or remove portions of The Website at any time without warning to users. We will not reimburse users in any way, shape, or form, for anything lost if we were to change, modify, add, or remove portions of The Website.
You understand that except for advertising programs offered by us on The Site, The Website and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through The Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use The Website to:
The Website contains (or you may be sent through The Website) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, websites, software and other content or items belonging to or originating from third parties (the ”Third Party Websites, Software or Content”, collectively “3rd Party Content”). Such 3rd Party Contents are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through darkandpink.com or any 3rd Party Content posted on, available through or installed from darkandpink.com, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the 3rd Party Content.
Inclusion of, linking to or permitting the use or installations of any Third Party Site or any 3rd Party Content, does not imply approval or endorsement thereof by us. If you decide to leave darkandpink.com and access the Third Party Sites or to use or install any 3rd Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any websites you use or install from the site.
You are solely responsible for your interactions with other darkandpink.com users. We reserve the rights, but have no obligation, to monitor disputes between you and other users.
We care about the privacy of our users.
Your darkandpink.com account has privacy features which can limit the amount of information available to the general public. Furthermore, personally identifiable information is not available to the general public.
Our goal is to make this a fun and safe experience for all users.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WEBSITE ARE LICENSED “AS IS” AND THE COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE DARKANDPINK.COM SITE OR THE OTHER SITES OF THE COMPANY (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE WEBSITE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER(S) ON WHICH THE WEBSITE IS ACCESSED FROM.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
THE COMPANY RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE WEBSITE OFFERED THROUGH THE WEBSITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY THE COMPANY.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT OR 3RD PARTY CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE WEBSITE, WHETHER POSTED OR CAUSED BY USERS OF THE WEBSITE, BY THE COMPANY, BY THIRD PARTIES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON THE WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE WEBSITE OR IN CONNECTION WITH ANY USER CONTENT OR 3RD PARTY CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE.
THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF USER COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USER’S OR TO ANY OTHER PERSON’S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY MOBILE CLIENT SOFTWARE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE, ANY USER CONTENT OR 3RD PARTY CONTENT POSTED ON OR THROUGH THE WEBSITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OF OFFLINE.
You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively the “Indemnified Parties”) harmless from and against any and all liabilities, claims, demands, damages, expenses, and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any User Content, and 3rd Party Content, you post, share, or view, on or through The Website, your use of The Website, your conduct in connection with The Website or with other users of The Website, or any violation of the Agreement or of any law or the rights of any third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control any matter otherwise subject to indemnification by you.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about The Website (“Submissions”), provided by you to The Company are non-confidential and shall become the sole property of The Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE SHALL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT INCIDENTAL, SPECIAL, OR CONSEQUENCIAL, EXEMPLARY, DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED AND AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
We operate from Canadian offices. We make no representation that The Website is appropriate or available to use in any particular location. Those who choose to use The Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access, profile, content, or information that you have posted to any or all of The Website and the related services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account by The Company You may terminate these terms at any time by discontinuing use of The Website, and canceling your user account.
You agree not to use or otherwise export or re-export The Website except as authorized by Canadian law and the laws of the jurisdiction in which The Website was obtained. Without limited the foregoing, The Website may not be exported or re-exported:
By uploading or otherwise submitting any material to us and/or the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to The Company a perpetual, royalty-free, irrevocable, transferable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such material into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
The Company also has the right to sublicense, use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with darkandpink.com or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The Company may also continue to use your User Content after you have removed your information from The Website.
You are solely responsible for the photos, profiles, messages, notes, text, information, and other content that you upload, publish or display (hereinafter, “post”) on or through The Website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on The Website that you did not create or that you do not have permission to post.
These terms shall be governed by and construed in accordance with the laws of British Columbia, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the province or courts located in Vancouver, British Columbia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
By using Darkandpink.com, you are consenting to have your personal data transferred to and processed in Canada, or other areas required by Darkandpink.com.
When you enter Darkandpink.com, we may collect your browser type and IP address. In addition, we may store information from your browser; we may use “cookies.” (A cookie is a piece of data stored on the user’s computer tied to information about the user).
We will disclose information we maintain when required to do so by law. We may disclose such information in response to a law enforcement agencies or other public agency’s request or if we feel that such disclosure may prevent the instigation of a crime. Finally, we may disclose information to a prospective purchaser of Darkandpink.com acquiring assets related to Darkandpink.com, to the extent permitted by law.
Advertisements that appear on Darkandpink.com are sometimes delivered (or”served”) directly to users by third party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or user other technologies such as JaveScript and “web beacons” (also known as “1x1 gifs”) to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individual using your computer or browser saw their advertisements and determine which advertisements are clicked. Darkandpink.com does not have access to or control of the cookies that may be placed by the third party advertisers.
Third party advertisers have no access to your contact information stored on Darkandpink.com unless you choose to share it.
We may let you choose to share information with marketers or electronic commerce providers through sponsored groups or other on-site offers.
We may offer stores or provide services jointly with other companies on Darkandpink.com.
Darkandpink.com takes appropriate precautions to protect our users’ information.
If you have any questions, please contact us at our contact page.