Access to and use of the Service by you (the “User”) is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Acceptance of Terms
1.1. This Agreement, which combines by reference other provisions applicable to use of darkskyconsulting.com sets forth the terms and conditions that apply to the use of darkskyconsulting.com by the User. By accessing darkskyconsulting.com (other than to read this Agreement for the first time), the User agrees to conform with all of the terms and conditions herein. The right to use darkskyconsulting.com is personal to the User and is not transferable to any other person or entity.
1.2. Dark Sky Consulting, LLC, retains the right at any time to change or discontinue any aspect or feature of darkskyconsulting.com, including, but not limited to, the content, hours of availability, and equipment needed for access or use.
2. Description of Services
Through its Web property, Dark Sky Consulting, LLC, provides the User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are all subject to the Terms.
3. Use of Services
3.1. The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other messaging or communication facilities designed to enable the User to communicate with others (each a "Communication Service" and collectively "Communication Services"). The User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, the User agrees that when using the Communication Services, the User will not:
3.1.1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
3.1.2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
3.1.3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
3.1.4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, for example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or have received all necessary consent to do the same;
3.1.5. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
3.1.6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
3.1.7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;
3.1.8. Download any file posted by another user of a Communication Service that the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
3.1.9. Falsify or delete any copyright-management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
3.1.10. Restrict or inhibit any other user from using and enjoying the Communication Services;
3.1.11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
3.1.12. Harvest or otherwise collect information about others, including email addresses;
3.1.13. Violate any applicable laws or regulations;
3.1.14. Create a false identity for the purpose of misleading others; and
3.1.15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
3.2. Dark Sky Consulting, LLC, has no obligation to monitor the Communication Services. However, Dark Sky Consulting, LLC, reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Dark Sky Consulting, LLC, reserves the right to terminate the User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Dark Sky Consulting, LLC, reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the sole discretion of Dark Sky Consulting, LLC.
3.3. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; the User is responsible for adhering to such limitations if the User downloads the materials.
3.4. Dark Sky Consulting, LLC, does not control or endorse the content, messages or information found in any Communication Services and, therefore, Dark Sky Consulting, LLC, specifically disclaims any liability with regard to the Communication Services and any actions resulting from the User’s participation in any Communication Services. Managers and hosts are not authorized Dark Sky Consulting, LLC, spokespersons, and their views do not necessarily reflect those of Dark Sky Consulting, LLC.
4. User Conduct
4.1. The User shall access darkskyconsulting.com for lawful purposes only. The User will not post or transmit through darkskyconsulting.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would be a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Dark Sky Consulting, LLC's specific prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Dark Sky Consulting, LLC's discretion restricts or inhibits any other User from using or enjoying darkskyconsulting.com will not be permitted. The User shall not use darkskyconsulting.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Dark Sky Consulting, LLC.
4.2. darkskyconsulting.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and except where contents exist in the public domain or are the indicated intellectual property of others, the entire contents of darkskyconsulting.com are copyrighted as a collective work under United States copyright laws. Dark Sky Consulting, LLC, owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The User may download copyrighted material for the User's personal use only. Except as otherwise clearly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the specific permission of Dark Sky Consulting, LLC, and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that they do not acquire any ownership rights by downloading copyrighted material.
4.3. The User shall not upload, post or otherwise make available on darkskyconsulting.com any material protected by copyright, trademark or other proprietary right without the specific permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a presentation. By presenting material to any public area of darkskyconsulting.com, the User automatically grants, or warrants that the owner of such material has clearly granted Dark Sky Consulting, LLC, the royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate and distribute such material, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other User to access, view, store or reproduce the material for that User's personal use. The User hereby grants Dark Sky Consulting, LLC, the right to edit, copy, publish and distribute any material made available on darkskyconsulting.com by the User.
4.4. The foregoing provisions are for the benefit of Dark Sky Consulting, LLC, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Notice Specific to Documents Available on darkskyconsulting.com
5.1. Permission to use Documents such as, but not limited to, white papers, press releases, datasheets and FAQs, from the Services is granted, provided that:
5.1.1. The below copyright notice appears in all copies and that both the copyright notice and this permission notice appear;
5.1.2. Use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and
5.1.3. No modifications of any Documents are made.
5.2. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires specific written permission. Use for any other purpose is clearly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum possible extent.
5.3. Dark Sky Consulting, LLC, and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. Dark Sky Consulting, LLC, and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether specific, implied or legal, fitness for a particular purpose, title and non-infringement. In no event shall Dark Sky Consulting, LLC, and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of, or in connection with, their use or performance of information available from the Services.
5.4. The documents and related graphics published on the Services may include technical inaccuracies or typographical errors. Changes are periodically applied to the information herein. Dark Sky Consulting, LLC, and/or its respective suppliers may make improvements and/or changes in the products and/or the programs described herein at any time.
6. Notice Regarding Software, Documents and Services Available on this Site
In no event shall Dark Sky Consulting, LLC, and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the Services.
Dark Sky Consulting, LLC, shall have the right, but not the obligation, to monitor the content of darkskyconsulting.com, including chat rooms and forums, to determine compliance with the Terms and any operating rules established by Dark Sky Consulting, LLC, and to satisfy any law, regulation or authorized government request. Dark Sky Consulting, LLC, shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on darkskyconsulting.com. Without limiting the foregoing, Dark Sky Consulting, LLC, shall have the right to remove any material that Dark Sky Consulting, LLC, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
8.1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.
8.2. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Links To Third-Party Websites
9.1. Our Service may contain links to third-party websites or services that are not owned or controlled by Dark Sky Consulting, LLC. Dark Sky Consulting, LLC, is a distributor, and not a publisher, of content supplied by third parties and Users. Accordingly, Dark Sky Consulting, LLC, has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, including information providers or any User of darkskyconsulting.com, are those of the respective author(s) or distributor(s) and not of Dark Sky Consulting, LLC. Neither Dark Sky Consulting, LLC, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
9.2. In many instances, the content available through darkskyconsulting.com represents the opinions and judgments of the respective information provider, the User, or other user not under contract with Dark Sky Consulting, LLC. Dark Sky Consulting, LLC, neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on darkskyconsulting.com by anyone other than authorized Dark Sky Consulting, LLC, employee spokespersons while acting in their official capacities. Under no circumstances will Dark Sky Consulting, LLC, be liable for any loss or damage caused by a User's reliance on information obtained through darkskyconsulting.com. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Dark Sky Consulting, LLC. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
10. Unsolicited Idea Presentation Policy
Dark Sky Consulting, LLC, or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Dark Sky Consulting, LLC’s services or marketing strategies might seem similar to ideas submitted to Dark Sky Consulting, LLC. Despite our request that you not send us your ideas in materials, if you still send them, understand that Dark Sky Consulting, LLC, makes no assurances that your ideas and materials will be treated as confidential or proprietary.
11.1. Dark Sky Consulting, LLC, reserves the right at any time to amend or change the terms and conditions applicable to the User's use of darkskyconsulting.com, or any part of it, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, amendments, additions or deletions will be immediately effective upon notice thereof, which may be given by means including, but not limited to, posting on darkskyconsulting.com, or by electronic or conventional mail, or by any other means by which the User obtains notice thereof. Any use of darkskyconsulting.com by the User after such notice will be regarded as to represent acceptance by the User of such changes, amendments or additions.
11.2. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least thirty (30) days' notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.
12. Disclaimer of Warranty and Limitation of Liability
12.1. The User agrees that the use of darkskyconsulting.com is at the User’s sole risk. Neither Dark Sky Consulting, LLC, its affiliates nor any of their respective employees, agents, third-party content providers or licensors warrant that darkskyconsulting.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of darkskyconsulting.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through darkskyconsulting.com.
12.2. darkskyconsulting.com is provided on an “as is” basis without warranties of any kind, either specific or implied, including, but not limited to, warranties of title or implied warranty of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
12.3. 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, tortious behavior, negligence, or under any other causes of action. User specifically acknowledges that Dark Sky Consulting, LLC, is not liable for the defamatory, offensive or illegal conduct of other Users or third parties and at the risk of injury from the foregoing rests entirely with the User.
12.4. In no event will Dark Sky Consulting, LLC, or any person or entity involved in creating, producing or distributing darkskyconsulting.com, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use or inability to use darkskyconsulting.com. The User hereby acknowledges that the provisions of this section shall apply to all content on the site.
12.5. In addition to the Terms set forth above, neither Dark Sky Consulting, LLC, nor it affiliates, information providers or content partners shall be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within darkskyconsulting.com, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
12.6. Dark Sky Consulting, LLC, its affiliates, information providers or content partners shall have no liability for investment decisions based on information provided through the Service. Neither Dark Sky Consulting, LLC, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
12.7. Force Majeure. Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, electric power failures, network failures, and failures of third-party service providers including providers of Internet service and telecommunications. The party affected by such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
The User agrees to defend, indemnify and hold harmless Dark Sky Consulting, LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of darkskyconsulting.com by the User.
This Agreement and any operating rules for darkskyconsulting.com established by Dark Sky Consulting, LLC, represents the entire agreement of the parties with respect to the subject matter herein and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Arizona, United States of America, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
15. Copyright and Trademark Notice
“Dark Sky Consulting, LLC,” and its logos are trademarks of Dark Sky Consulting, LLC, all rights reserved. All other trademarks appearing on Dark Sky Consulting, LLC, are the property of their respective owners. The names of actual companies and products stated herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not clearly granted herein are reserved.
If you have any questions about these Terms, please contact us.
Last updated 27 July 2021