Copyrights & Trademarks
You acknowledge that all content on this Web Site, including the Web Site's design, graphics,
text, formatting, sounds, pictures, images, software, and other materials and information on
this Website, and the selection and arrangement thereof (collectively, "Content"), are the
property of Darkroom or its licensors, and are subject to and protected by United States and
international copyright and other intellectual property laws and rights. All rights to
Content not expressly granted in these Terms of Use are reserved to their respective
intellectual property right owners. Except as expressly authorized in these Terms of Use or
on the Web Site, you may not copy, reproduce, distribute, republish, download, perform,
display, post, transmit, exploit, create derivative works or otherwise use any of the
Content in any form or by any means, without the prior written authorization of Darkroom or
the respective intellectual property rights owner. Darkroom authorizes you to view and
download the Content only for personal, non-commercial use, provided that you keep intact
all copyright and other proprietary notices contained in the original Content. You may not
modify or adapt the Content in any way or otherwise use them for any public or commercial
purposes. The trademarks, service marks, trade names, trade dress and logos (collectively,
"Marks") contained or described on this Web Site (including, without limitation, Darkroom,
Sushi Studios, Darkroom Labs, Darkroom Studios, and Patron) are the sole property of Darkroom
and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part,
without the prior written authorization of Darkroom and/or its licensors. In addition, all
page headers, custom graphics, button icons and scripts are Marks of Darkroom and may not be
copied, imitated or otherwise used, in whole or in part, without the prior written
authorization of Darkroom. Darkroom will enforce its intellectual property rights to the
fullest extent of the law.
Links to Third Party Websites
Links on the Web Site to third party websites are provided only as a convenience to you. If
you use these links, you will leave the Web Site. Darkroom does not control or endorse any
such third party websites expect those in relation to Darkroom: Darkroom Studios, Darkroom Labs,
Sushi Studios, Darkroom News, and Patron. You agree that Darkroom and its a liates will not
be responsible or liable for any content, goods or services provided on or through these
outside websites or for your use or inability to use such websites. You will use these links
at your own risk. You are advised that other websites on the Internet, including third party
websites linked from this Web Site, might contain material or information that some people
may nd o ensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or
that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Darkroom
expressly disclaims any responsibility for the content, legality, decency or accuracy of any
information, and for any products and services, that appear on any third party website.
Darkroom recommends that you make yourself aware of and read the legal and privacy notices
of all other websites that you visit.
Disclaimer of Warranties
Darkroom strives to provide accurate and up-to-date material on this Web Site. However, we
make no warranties or representations as to the accuracy or timeliness of the Content on
this Web Site. YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT
CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Darkroom
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Darkroom MAKES NO WARRANTY THAT (I) THE WEB SITE WILL MEET YOUR
REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE,
(IV) THE WEB SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE
WEB SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEB
SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEB SITE, INCLUDING
WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES. SOME JURISDICTIONS MAY NOT
PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO
YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
Disclaimer of Damages and Limitation of Liability
NEITHER Darkroom OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR
INABILITY TO USE THIS WEB SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A
LINK FROM THIS WEB SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEB SITE. THIS
IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT
NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS
OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Darkroom HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE
ALL CLAIMS AGAINST Darkroom AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES,
SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.
Indemnification and Release
You agree to indemnify, defend and hold harmless Darkroom and its a liates against all
claims, demands, causes of action, losses, expenses, damages and costs, including any
reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct
on the Web Site, any activity related to use of the Web Site by you, any message or material
that you submit to, post on or transmit through the Web Site, your violation of these Terms
of Use, your infringement or violation of any rights of another, or termination of your
access to the Web Site. If you have a dispute with one or more users, you release Darkroom
and its a liates from claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, arising out of or in any way connected with such disputes.
No Unlawful or Prohibited Activity
As a condition of your use of this Web Site, you agree not to use the Web Site for any
purpose that is unlawful or prohibited by these terms and conditions. You further agree that
you are responsible for your use of and communications on the Web Site. You agree not to
post on or transmit through this Web Site any unlawful, infringing, threatening, harassing,
defamatory, vulgar, obscene, profane, indecent, o ensive, hateful or otherwise objectionable
material of any kind, including any material that encourages criminal conduct or conduct
that would give rise to civil liability, violates the privacy rights of others, infringes
others' intellectual property rights or otherwise violates any applicable local, state,
national or international law. You agree not to use this Web Site in any manner that
interferes with its normal operation or with any other user's use and enjoyment of the Site.
You agree to use reasonable e orts to scan and remove any viruses or other contaminating or
destructive features before submitting any material. Darkroom reserves the right, in its
sole discretion, to suspend or terminate your access to this Web Site and prohibit any and
all current and future use of this Web Site (or any portion thereof) by you, if you fail to
comply with any term or provision of these Terms of Use or your use is harmful to the
interests of another user of this Web Site.
Shut-Down of Website
Darkroom reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Web Site (or any part thereof) with or without notice or
consent. Darkroom and its a liates shall have no responsibility or liability for failure to
store or delete any Content or User Content submitted to the Web Site.
Governing Law and Dispute Resolution
These Terms of Use shall be governed by, and construed in accordance with, the laws of the
United States and the State of New York, without giving e ect to con icts of law principles
thereof. Darkroom makes no representations that the material and information on this Web
Site are appropriate or available in all national locations or languages. You agree that any
action at law or in equity arising from or relating to the use of this Web Site or to these
Terms of Use shall be brought exclusively in the Federal or State Courts residing in New
York. You hereby consent and submit to personal jurisdiction in of such courts for the
purposes of any action relating to this Web Site, your access or use thereof, or these Terms
of Use, and to extra-territorial service of process.
Severability
If any provision of these Terms of Use is held to be unlawful, void, or for any reason
unenforceable by a court of competent jurisdiction, then the invalid or unenforceable
provision shall be replaced by a valid, enforceable provision that most closely matches the
intent of the original provision, and the validity and enforceability of any remaining
provisions shall not be a ected.
No Waiver
The failure of Darkroom and its affiliates to enforce any part of these Terms of Use shall
not constitute a waiver of such term or provision, and shall not be considered a waiver or
limit Darkroom's right thereafter to insist upon strict adherence to that term or any other
provision of these Terms of Use.