Terms & Conditions

Terms and Conditions

Terms & Conditions

ACCEPTANCE OF CONDITIONS

Welcome to Rise of Dark Dawn, LLC (https://riseofdarkdawn.com) copyright 2017.  Please direct any communication to our customer service department at customerservice@riseofdarkdawn.com.

  • We are an online graphic, tech, website and apparel design company established and existing under the laws in the state of California (“We”, “Us”, sometimes “Company”). By purchasing from, using or visiting this website, data feed, products or Service(s) provided to you on, from or through this website (collectively, the Conditions) you signify your agreement to (1) these terms and conditions (2) and our privacy policy, all of which are found at and throughout our website and incorporated herein by this reference. The terms of conditions include products or service offerings, conditions, terms, descriptions, details and pricing, all of which are found throughout the website and are all incorporated in and included as part of the these terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE.
  • Although we attempt (but are not obligated) to notify you when changes are made to these terms and conditions, you should periodically review the most up to date version of the Company website, because you hereby agree to abide by and honor the most up to date version of the Terms and Conditions with each use of the Company website. Company may, in its discretion, revise or modify these Terms and Conditions and Privacy Policy and you agree to be bound by these revisions and modifications. Nothing in these Terms and Conditions shall be deemed to confer and third party rights or benefits.

COMPANY ACCOUNTS

  • To manage your billing, subscription, changes, or updates to your data you maybe asked to open a Company account. When creating your account, you must provide accurate and complete information. The Company does not support sharing passwords or account information. Never use someone else’s account without their permission. You are solely responsible for the activities that occur on your account and you must keep your password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. Company is not responsible for any act of any other person on your account.
  • Although Company will not be liable for your losses or injury caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.

PERMISSIONS AND RESTRICTIONS

Company herby grants you permission to access and use the Service and Products as set forth in these Terms and Conditions provided that:

  • Copyright © 2017 – Rise of Dark Dawn Reserve all rights. The reproduction, distribution, display, or transmission of the content throughout this website is strictly prohibited, unless authorized by Rise of Dark Dawn CEO & Founder.
  • You agree to pay all required fees as described on the Service and Products
  • You agree not to distribute in any medium any part of the Service or the Content without the Company’s prior written authorization, unless the Company makes available the means for such distribution through functionality offered by the Service.
  • You agree not to modify any part of the service
  • You agree not to access Content through any technology or means other than the Service itself.
  • You agree not to use or launch any automated system, including without limitations, “robots,” ‘spiders,” or “offline readers,” that access the Service in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period buy using a conventional online web browser. Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in a specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (ex. Comments, email, phone numbers) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content.
  • In your use of the Service, you will comply with all applicable laws.
  • Company reserves the right to discontinue, change or alter any aspect of the Service at any time.

YOUR USE OF CONTENT

In addition to the permissions and restrictions above, the following restrictions and conditions apply specifically to you use of Content.

  • All the content on Our platform, including, but not limited to, Rise of Dark Dawn name, logo, tag lines, graphics, designs, sketches, text, photos, sounds, music, videos, interactive features, blog posts, articles, animations, and other Content, is owned by Rise of Dark Dawn or others we license Content from, and is protected by copyright, trademark and other intellectual property rights under the law.
  • You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under the Terms and Conditions. You shall not download any Content unless you see a “download” or similar link displayed by Company on the Service or Product for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purpose without the prior written consent of the Company. Company reserves all rights not expressly granted in and to the Service and the Content.
  • You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content.
  • Rise of Dark Dawn reserves the right to monitor your use and to alter or revoke your subscription and access to the your account and Content at any time for any reason.

CONDITIONS OF SALE

  • Variation of Price – You agree to pay the purchase price for the Product or Service as specified on the website plus any applicable delivery charges. Prices are subject to change at any time and will vary on different Products and Services offered. Products and/or Services will be delivered once payment is confirmed, and the Company reserves the right to cancel any order if the payment does not clear.
  • Payment – Products and Services are quoted and calculated in U.S Dollars (USD), and should be paid in full at the time of ordering. We accept the following modes of payments: Visa, MasterCard, American Express, Discover and PayPal and Company reserve the right to vary our accepted payment methods at any time without notice. You shall not pay or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order with or without notification.
  • Subscription – Subscription prices are, but are subject to change without notice, based on yearly subscription and yearly renewals on your anniversary month/day/current year. Renewals are on auto renewal, unless you go into your account portal to deactivate auto renewal. Your account portal is where you can cancel your subscription. No, pro-rated monies will be refunded if subscription is cancelled before the renewal date. For more details see CANCELLATION/REFUND/SHIPPING POLICY.

ACCOUNT TERMINATION POLICY – Contact customer service to terminate 

  • You (account holder) can terminate your account and subscription at any time, and herin after Your information will be removed from the database permanently.
  • Company will terminate a user’s access to the Services or account if the user is determined to be a repeat or significant violator of the Terms and Conditions.
  • Company reserves the right to decide whether Content and Content provide by You violates these Terms and Conditions for reasons other than copyright, trade secret, trademark or other intellectual property rights infringement, such as, but not limited to, pornography, obscenity, illegality, or excessive length.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
  • PERSONAL INJURY OR PROPERTY DAMANGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES
  • ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRED-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDMENT AND EXERCISE CAUSTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVEN SHALL RISE OF DARK DAWN, ITS OFFICERS, OWNERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEEREIN,
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARK OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  • THE SERVICE IS CONTROLLED AND OFFERED BY RISE OF DARK DAWN FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. RISE OF DARK DAWN MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company, its owners, officers, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from

  • Your use of and access to the Service
  • Your violation of any term of these Terms and Conditions
  • Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • Any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of Service.

ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are either 18 year of age or older or and emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

ASSIGNMENT

These Terms and Conditions and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without Restriction.

GENERAL

You agree that

  • The Service shall be deemed solely based in San Diego, County, California and
  • The Service shall be deemed a passive website that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than San Diego, County, California or federal courts in California. These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Diego, County, California. The Terms and Conditions, including all other documents referenced and incorporated herein, and any other legal notices published Company on the Service, shall constitute the entire agreement between You and Company concerning the Service. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Company reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Service following any amendment of these Terms and Conditions will signify your assent and acceptance of its revised terms. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

ADVERTISEMENTS

We may post advertisements or promotional information (including commercial and non-commercial information), as to our offerings or those of others, You must judge by yourself the authenticity of advertisements and take responsibility for any and all the consequences arising therefrom. We are not liable for any loss of damage incurred by you as a result of any transaction with any third party, or as a result of any reliance placed by you on any third party advertisements.

DISPLAY / POST / PORTFOLIE INCLUSION OF ALL WORK CREATED BY RISE OF DARK DAWN

We may or may not display ALL work created by Rise of Dark Dawn including but not limited to the website, blog, email, company profile/portfolio and more. Tag backlinks to Your business may or may not be added so visitors can visit your business.

TESTIMONIALS – with or without photo

With prior permissions, Rise of Dark Dawn will  obtain permissions directly from YOU to add testimonials and photos to, including but not limited to, our website, landing pages, marketing ads, etc.  Rise of Dark Dawn take privacy very seriously and will not sell, rent, nor share any private information. See our PRIVACY POLICY.

SURVEY(S)

Rise of Dark Dawn may or may not send YOU out a survey when a project is completed or from time to time to collect information about how Rise of Dark Dawn doing, how did the project go, or new services/products being added. Survey(s) are optional. If YOU choose to submit data to Rise of Dark Dawn, we will protect your privacy according to the guideline in our PRIVACY POLICY.

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