Terms and Conditions
Applicability
The following terms and conditions apply to all Darkchild Web Sites (“Site”) that are owned, operated, and maintained by or for RJ Productions and its United States subsidiaries and affiliates.
General Provisions
THESE TERMS AND CONDITIONS TOGETHER WITH ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.
By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.
We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.
Jurisdiction
RJ Productions makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. By entering this Site you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to United States laws and regulations. If you use this Site from other locations you are responsible for compliance with any and all applicable local laws.
Intellectual Property
RJ Productions will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of RJ Productions or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.
You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by RJ Productions. Except as expressly authorized by RJ Productions, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the System, information, or services. Without waiving any of the foregoing rights, you may print or download information or products from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from RJ Productions is prohibited.
Disclaimers
This Site, and all information and materials contained herein, is provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Although the materials, content, media and other information contained in the Site are based upon up-to-date information, and while RJ Productions and all parties involved in creating, producing, or delivering this Site make all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed. We disclaim all warranties, whether express or implied, including without limitation, any implied warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability with respect to this Site. We expressly disclaim any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Site. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.
Liability
By using this Site you agree that none of the parties involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, implementation of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
General Submissions
You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that RJ Productions or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, RJ Productions and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. By entering this Site you acknowledge and agree that any communication or material you transmit to this site or RJ Productions in any manner and for any reason, will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Policy. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to RJ Productions may be used by RJ Productions anywhere, anytime, and for any reason whatsoever.
Content Submissions. Some areas on this Site may allow you to submit personal photos, video, or other media and content. You understand that not all types of such materials are appropriate for use and all submissions are subject to review and removal.
The following is a list of general restrictions:
* Submissions cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
* Submissions cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
* Submissions cannot be obscene or offensive, endorse any form of hate or hate group;
* Submissions cannot defame, misrepresent or contain disparaging remarks about RJ Productions or its products, or other people, products or companies;
* Submissions cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind other than RJ Productions and Darkchild, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
* Submissions cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
* Submissions cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
* Submissions cannot communicate messages or images inconsistent with the positive images and/or goodwill to which RJ Productions and Darkchild.com wishes to associate; and
* Submissions cannot depict a violation, and cannot themselves, be in violation of any law.
By submitting any content or materials, you acknowledge that your content may be posted on this Site, at our discretion. We reserve the right to, and may or may not, monitor/screen submissions prior to posting them to the Site. By submitting any content or materials, you acknowledge that we have no obligation to use or post any submission.
By submitting any content you warrant and represent that: (a) it is your original work (b) it has not been previously published, (c) it has not won previous awards, (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from a person who’s name, likeness or voice is used in the (if any;) (f) and that publication of any submission via various media including Web posting, will not infringe on any third party rights and (g) you will indemnify and hold harmless both RJ Productions and any parties involved in creating, producing, or delivering the photo submission from any claims to the contrary.
By submitting content or materials, you agree that your submission is gratuitous and made without restriction, and will not place RJ Productions under any obligation and that we are free to disclose or otherwise disclose the ideas contained in the photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.
You understand that submitting content or materials grants RJ Productions and its agents an unlimited, worldwide, perpetual, license and right to publish and use the content in any way, in any and all media, without limitation, in perpetuity and without consideration to you. You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by RJ Productions, or obtained from sources other than you.
Sweepstakes
The Site offers sweepstakes and contests from time to time. While no purchase is necessary to enter any such sweepstakes, you agree to comply with the official rules of the relevant sweepstakes advertised on this Site. Please do not enter if you are not a permanent resident of the eligible geographic area, or if you are otherwise ineligible as set forth in the particular sweepstake’s official rules. Entries received from persons residing outside of the eligible geographic areas, from other persons otherwise ineligible, or where restricted or prohibited by law will be disqualified.
Careers
This Site offers career opportunity information across various RJ Productions entities and provides mediums for you to apply and submit your personal information, music, video, or other material. You understand that nothing contained herein constitutes an offer of employment by any RJ Productions entity.
Privacy & Security
Our Privacy Policy is incorporated into these Terms. You acknowledge that the requesting URLs of the machine originating the request and the time of the request are logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring. To access portions of this Site, you are required to obtain a user name and/or password. In such cases, you are responsible for maintaining the confidentiality of any such user name or password and are fully responsible for all activities that occur under such name and password. You understand that you can help protect your user name, password and personal information by logging out of password protected web pages before you close your browser. You agree to notify us immediately of any unauthorized use of your user name or password. RJ Productions maintains exclusive control of access and right of access to this Site. You understand and agree that we reserve the right to revoke your registration at any time without notice or cause of action for any reason whatsoever.
Links
This Site may contain links to or be accessed through links that are owned and operated by independent third parties. We provide links as a convenience and the inclusion of the link does not imply that RJ Productions endorses or accepts any responsibility for the content on those sites. RJ Productions is not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsement, or the availability, operation or performance of any other sites, to which this Site may be linked to or from which this Site may be accessed. Further, RJ Productions is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.
Specific Website Provisions
This section addresses this Site’s unique functionality and offerings specific to particular area of this Site and serves as a supplement to the General Provisions above.
DARKCHILD Website
RJ Productions has created this DARKCHILD.COM WEBSITE to introduce information, share content and facilitate ongoing conversation about our company, products, projects and its relationship with the community. The DARKCHILD.COM WEBSITE is brought to you by RJ Productions (“Sponsor”).
Not all types of comments are appropriate for this forum. All comments submitted are subject to review and removal at RJ Productions’ sole discretion. Below are some content restrictions:
* Submissions cannot be sexually explicit or suggestive, violent, or derogatory of any ethnic, racial, gender, religious, professional or age group;
* Submissions cannot be profane or pornographic, contain nudity, or any materially dangerous activity;
* Submissions cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or
message;
* Submissions cannot be obscene or offensive, or endorse any form of hate or hate group;
* Submissions cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
* Unless otherwise permitted herein, submissions cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind other than RJ Productions and Darkchild, without permission, or
contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
* Submissions cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Web sites, television, movies or other media)
without permission;
* Submissions cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without prior permission;
* Submissions cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
* Submissions cannot depict, and cannot itself, be in violation of any law;
* No product or marketing suggestions will be accepted;
* Links to other Web sites may be accepted, pending review of third-party site content.
BY SUBMITTING A COMMENT/QUESTION, SUBMITTER ACKNOWLEDGES THAT HIS/HER
CONTENT MAY BE POSTED ON SPONSOR’S WEB SITE, IN SPONSOR’S DISCRETION.
Sponsor reserves the right to, and may or may not, monitor/screen comments prior to posting them to the Web site. By submitting a comment, you acknowledge that Sponsor has no obligation to use or post any comment you submit.
By submitting a comment you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) that you have obtained prior permission from a person whose name, or likeness is used; (d) that publication of the comment via various media including Web posting, will not infringe on any third-party rights; and (e) that your post will not transmit or contain any information or software that contains a virus, worm, time bomb, cancelbot, Trojan horse or other harmful, disruptive, or deleterious component. By submitting a comment you hereby agree to indemnify and hold harmless RJ Productions, Darkchild, its parent, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents from any claims to the contrary.
By submitting a comment you warrant and represent that the submission accurately reflects your experience and/or any depiction is known to be true and is based on your use of the product or service mentioned.
Submission of a comment grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the comment in any way, in any and all media, without limitation, and without consideration to the submitter.
SUBMISSIONS POSTED TO THE WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to submitter.
By submitting a comment, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation; that Sponsor is free to disclose or otherwise disclose the ideas contained in the comment on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
If you are an intellectual property rights holder and believe your rights have been infringed, please contact us at admin@darkchild.com
These Submission Terms are subject to the entire RJ Productions and Darkchild.com Terms and Conditions. Please review the Privacy Policy.
Copyright Infringement Notification
RJ Productions is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (”DMCA”).
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:
By Email: admin@darkchild.com
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
A physical or electronic signature of a person authorized to act on behalf
of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit RJ Productions to locate the material;
- Information reasonably sufficient to permit RJ Productions to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
- 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 law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement might be liable for damages incurred as a result of the removal or blocking of the material,
court costs, and attorneys fees.
