**BY PURCHASING THIS PRODUCT YOU ARE AWARE OF AND HAVE AGREED TO THE FOLLOWING**
**TERMS AND CONDITIONS**
Kindly be advised that Darkside Studios LLC may need to reach out to you for inquiries regarding your order. In such cases, your order will be temporarily held until we receive a response from you via email. This applies to all orders, including those that require preview approval, wherein our attempts to contact you for approval have been unsuccessful. It is important to note that Darkside Studios LLC reserves the right to refund and cancel orders if previews cannot be approved due to communication issues via email or any other reason, such as stock availability, unintended product advertisements, quality control concerns, and similar factors. We strongly recommend ensuring the accuracy of your email address and regular checks of your spam folder for communication from Darkside Studios. Please be aware that none of the products sold by Darkside Studios LLC are accompanied by either an expressed or implied warranty.
Updated notice as of November 10, 2021 regarding free shipping option:
USPS, on October 29, 2021, raised prices on first class packages sent from, and to locales within the USA. This is the method used for free shipping services rendered by Darkside Studios LLC. Not only did USPS raise prices of this service, they claimed in their notice, they were also SLOWING the mail service down. Because of this, transit times for any package sent with 'free' shipping requires 2-14 BUSINESS days to arrive before Darkside Studios LLC is obligated to refund or re-ship an order. Again, this is BUSINESS days. This means, for example, if you placed an order on November 1, including the handling time, no re-shipments or refunds are available until November 22nd. Also excluded from business days, are federal holidays recognized by USPS. If tracking is updated within 24 hours of the 14th business day, Darkside Studios requires an additional 4 business days for arrival. This policy will remain in effect until further notice. If you do not wish to wait this long please upgrade to UPS ground shipping, especially during the holiday season.
Custom work or orders:
Over time, I have received numerous requests from clients for custom jobs, orders, or add-ons to their existing purchases. While I greatly appreciate the opportunity to engage in custom work and the artistic freedom it entails, it is essential for me to address the limitations imposed by time constraints. Regrettably, I am unable to accommodate all requests, and I believe it is crucial to maintain transparency and fairness in this regard. Therefore, I would like to clarify that I am not the primary or dependable source for custom work. Custom work encompasses a wide range of possibilities, including but not limited to prints for supplementary parts of a machine not covered by a purchased graphic kit, RC graphics, skid plate graphics, wing graphics, commercial projects, unique print runs, replacements due to changes of preference, custom dirt bike graphics, quad graphics, and so on. Prior to placing an order, it is important for me to emphasize that I will not be available to provide additional prints or products to supplement any project or installation that has been purchased. By communicating this information upfront, I aim to avoid any misconceptions or misunderstandings.
*Replacement items for (some) graphic kits purchased are an exception to this, so long as it's a direct reprint with no modifications, design, color change, etc, as this would (in general terms) fall within the purview of customer support. All reprints are at Darkside Studios' discretion, and can be denied if studio order load is too high to fit in a reprint and setup. Reprints can be delayed or take more than a month at times. Items like the aforementioned are subject to a labor and setup fee, material fee, as well as a shipping fee. There is a minimum order fee of $35.00 plus shipping for all reprints. RC graphics are non-re-printable as they are such small runs, the cost for a reprint due to labor and setup would be more than the cost of a new kit ordered.
Order Variations (All orders are hand-made per order):
It is important to note that orders placed with Darkside Studios LLC may exhibit variations from what is depicted on the website, or run to run, ranging from slight differences to more significant changes, including final print colors, cut shapes etc. Each print run is unique and colors especially from run to run will differ across time. If you desire multiple graphic kits to have the same colors, you will need to order them at the same time to avoid this discrepency. As a company, we reserve the right to modify, alter, or adjust any design beyond what is explicitly shown and advertised. These modifications are often made to keep pace with evolving themes, update artwork, or adjust the layout of the artwork. Should you have reservations about relying solely on our design judgment, we encourage you to click on the "Request Preview" dialog box during the ordering process. This will allow you to review and approve the design before it is shipped. However, if you choose not to click this box, you grant us the freedom to design, omit, or place elements at our discretion. Once the graphics have been received and confirmed as delivered by the carrier, Darkside Studios LLC cannot accept returns or provide replacements, offer shiping cost, import tax refunds based on design, arrangement, color, or any related variations if no preview was requested by the buyer. Opting for "no preview" during checkout forfeits your right to request changes and reshipments of prints for any reason, even if the print has not been removed from the release liner. This includes, but is not limited to, aspects such as number name placement, typographical errors, addition or removal of elements, color choices, and included pieces, among others. It is essential to avoid assuming design values solely based on product listing images. To prevent any potential dissatisfaction, we strongly recommend always selecting the "preview required" option to ensure a smoother experience. If you are rushing your order with expedited shipping, and avoiding a preview confirmation. this may be a good time to consider the aforementioned.
Losses:
Darkside Studios LLC under no circumstances, even if the circumstances are our fault, will cover any damages, installer wages, lost time, lost materials, or any other act of loss. This includes consumer damage caused by improper or hastily removed products from packaging, scratches from pulling a product out of a tube caused by lack of removal of staples or other security materials, damage caused by water for packages left outside by a carrier.
Product Fitment:
Product page titles on this website often conflate many year and model ranges for ease of navigability. It is the buyer's responsibility to choose the correct model, year, engine size, or application from our drop down menus. Simply basing a purchase on the title alone may not render the exact product you receive. No checkout on the site is possible, without the buyer choosing the appropriate conditions such as but not limited to; color, engine size, model year, model, make, etc. A good form of practice is to leave us a note, in the notes to seller box, with your exact model machine and year of the machine. If the buyers selection of model/year differs from uploaded machine image, we will revert to using the machine image, be sure the image uploaded ( if prompted to do so during checkout ) is of the actual machine you intend to install the graphics on, not a look-a-like.
Return Restocking Fee:
Current restocking fee is 25% plus the original shipping value we incurred to ship the product to you (even if the product included free shipping). Restocking fees are subject to all orders. Restocking fees cover the original cost we incurred to ship the product to you, loss of materials, packaging materials, and lost labor value. We offer free domestic and heavily discounted international shipping as a courtesy when you purchase, but we are not responsible for refunding that original actual amount paid by Darkside Studios if you change your mind, are unavailable to SIGN for the package, make an order mistake, failure to read terms and conditions, incorrect addresses, buyer remorse et al. This also applies to any INTERNATIONAL orders as well. The product MUST be in an UNUSED UNCUT state, and arrive in a fresh box, undamaged, otherwise returns will not be refunded. Restocking fees do not apply to 'accidental' incorrectly shipped products by the seller. Products installed either wholly or partially, before realizing an incorrect product was ordered or the product was damaged, incomplete, poorly made, cut or any other act outside the buyers expectations, will not be refunded or replaced. Included instructions deliberately state, products shall be compared to application machine before removing the graphics from the release liner. No Exceptions. In certain cases, and only by Darkside Studios discretion, Darkside Studios reserves the right to make an exception to this rule to aid clients in good faith, especially in cases where the client pauses installation due to manufacturing defect, and informs us in advance of completion. All returns must be packaged properly and safely. Returns must be insured for the original value, plus shipping cost. The returner is responsible for lost or damaged returns, and thus, shall rely on their insured return and open a claim on their own with the carrier. Darkside Studios will process no refunds on packages not returned, damaged, damaged and returned to the returnee, or lost in transit.
Replacement kits or items sent at fault of Darkside Studios LLC:
In the event the buyer chooses free, standard or expedited shipping on an original organic order, (international or domestic) and determines the product is incorrect fitment (unless otherwise approved by the buyer the fitment is incorrect but we were to proceed), or requires missing items, or replacement items, Darkside Studios is NOT obligated to choose the same speed shipping or replace the item with any expedited shipping method for aforementioned items. Darkside Studios will not under any circumstance expedite any order for any reason. This includes meeting buyer timeline demands such as race days, vacations, etc. It is Darkside Studios' discretion to which shipping method is used to replace or repair the order, as well as the timeline required to produce the replacement. If the order is -returned- by the buyer for a refund, the shipping cost will be refunded. In some instances, typographical or human errors with regard to product inclusion may exist on the site.
Title Or Product Description Errors:
All products should be reviewed upon delivery for completeness and buyer expectability prior to installation and or removal of any pieces or graphics from the release liner, at which point the order can be and is still qualified as returnable for a full value. If the product has been installed or even partially installed Darkside Studios LLC retains full discretion to refund or not refund items plainly stated as included in titles or descriptions but determined not available and not included due to typographical or website display error for that particular product if the customer has not already installed the product and chooses to retain and keep the balance of the product. In certain circumstances Darkside Studios LLC may instruct the buyer to return the item in a new unused state for a full refund instead of offering a partial refund. This value and refund of good-will due to human error or typographical error on the Darkside Studios LLC site is non-negotiable, and determined at the sole discretion of Darkside Studios LLC and must occur before full or partial installation.
Backordered Inabilities and Substitutions:
Darkside Studios LLC reserves the right to refund specific portions of an order if a particular item or customization is backordered or cannot be manufactured as requested. In some cases, we may simply be unable to perform the manufacturing of certain elements due to material availability, production constraints, or other limitations. In other cases, we may reach out to the customer for approval of a suitable substitution before proceeding with production. If the customer was not notified of the backorder or manufacturing issue prior to shipment and wishes to return the order due to the incomplete fulfillment, they have the right to do so. Darkside Studios LLC will provide a prepaid return shipping label, and the refund will be issued upon receipt and inspection of the returned items, subject to standard return policies.
Terminology Definition of 'Wrap' 'Graphics' 'Decals':
The term "wrap" as used by Darkside Studios LLC in relation to graphics, decals, or wraps should not be misconstrued as implying a complete or total covering of an RC body or powersports machine. It is important to understand that while our products are designed to enhance and personalize the appearance of these vehicles, they are not intended to cover every surface area. The term "wrap" within the Darkside Studios sphere shall refer to the general application in general of high-quality graphics that adhere to specific sections of the vehicle, providing a visually striking effect without full coverage.
The materials used by Darkside Studios LLC to create our graphics are intentionally selected for their durability and vibrant finish. However, due to their thickness, these materials are not designed to overlap or conform to extreme or compound curves that may be present on the surface of certain RC bodies or powersports machines. Consequently, our wraps are tailored to fit specific areas, leaving portions of the original surface exposed. It is crucial for customers to understand that our products are not full coverage wraps, and any expectations regarding the extent of coverage should be clarified prior to purchase. Once a purchase is made, no refunds will be issued for reasons related to coverage. Customers are encouraged to ask questions and seek clarification to ensure they have a complete understanding of the product before finalizing their purchase.
California Residents:
⚠ Graphics and sticker products such as these can expose you to chemicals, including vinyl chloride, which is known to the State of California to cause cancer, and toluene, which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov
Domestic ( Within the USA ) Buyers:
Kindly take note that Darkside Studios LLC adheres to a strict policy regarding shipment delays or errors caused by the carrier. We shall not be held responsible for reshipping or refunding any orders for a period of 15 business days, starting from the date of the initial carrier scan. It is essential for any delays or scan errors caused by the carrier to be resolved directly between the buyer and the carrier within this designated timeframe. This policy applies universally, irrespective of the distance between the client and Darkside Studios LLC. It is important to emphasize that we do not have control over carrier delays, regardless of their nature, be it weather-related issues, mis-scans, or other unforeseen circumstances. Consequently, any grievances concerning signature confirmations, misdirected deliveries, or packages spending time in unrelated locations should be directed to the carrier, rather than Darkside Studios LLC. We assure you that should the package fail to exhibit any movement or tracking updates after the 15 business days from the initial scan, or fail to be delivered, we will exercise our discretion in either sending a replacement package or issuing a complete refund. However, please note that the choice between these options lies solely with Darkside Studios LLC and no exceptions shall be made. It is crucial to understand that delivery time frames are subjective and estimated by the carrier, and as such, we cannot guarantee precise timeliness. Any concerns or dissatisfaction in this regard should be addressed directly to the carrier, rather than Darkside Studios LLC. For customers with time-sensitive deliveries, we strongly recommend considering the aforementioned statements.
Damaged Shipments (Domestic & International)
At Darkside Studios LLC, we take the utmost care in packaging and shipping our products to ensure they arrive safely. However, in the event that your shipment arrives damaged, it is crucial that you notify us immediately. To process any claims, we require photographic evidence of the damage, which must be supplied via email. Please ensure that both the damaged product and the shipping box are retained, as they are necessary for us to file an insurance claim on your behalf.
It is important to note that if the damaged product is installed or if the shipping box is discarded before we have had the opportunity to review the evidence, we will be unable to file an insurance claim. Unfortunately, in such cases, we will not be able to offer any further assistance. By following these steps, you help us ensure that we can address the issue promptly and effectively.
International ( Outside the USA ) Buyers:
Please note, if you are having your product shipped to a location outside of the U.S.A, you may incur a import tax/duty fee as per the law of your country or province. Not all locations impose a tax on importing goods. Import taxes vary greatly from country to country, we do not control import taxes, this is set by your country. We are required by law, to put the value of your goods on the outside of the package. Please do your own research what your country charges for import taxes.
**INTERNATIONAL ( OUTSIDE THE USA ) SHIPPING SPEED OF DELIVERY NOTICE** First class shipping by the United States Postal Service is economy shipping. If you choose cheap, economy shipping, you will get economy speed and tracking. Expect to have only one tracking scan when the package leaves the USA, and one scan when it arrives in your country. ALL FIRST CLASS MAIL PACKAGES REQUIRE UP TO 45 DAYS TO ARRIVE FROM THE DATE OF SHIPMENT NO EXCEPTIONS TO THIS, REGARDLESS OF AN ESTIMATED DELIVERY TIME PROVED BY THE SHIPPER. We will refund no purchases on any shipment delays with FIRST CLASS MAIL PACKAGES until 45 calendar days from the date of shipment has past. If you are not prepared to wait up to the 45 days, please choose PRIORITY MAIL INTERNATIONAL or EXPRESS MAIL INTERNATIONAL as your shipping option. Most first class packages shipped internationally take 10-25 days to arrive, however the United States Postal Service requires 45 business days for the package to arrive before any insurance claims can be processed on a lost parcel. Refusals of international packages due to a refusal to pay import taxes levied by your country will forfeit any refund owed to you. It is not in your interest to refuse import taxes by any carrier, and have the package returned to us, YOU WILL NOT GET A REFUND. The shipping carrier often imposes return charges to us for refused international packages and these charges are often more than the actual value of the order. Import taxes are stated to you the buyer in advance before purchasing within the terms and conditions agreed to prior to checking out. Again, it benefits you in no way, to refuse a package over import taxes. We are not in any way responsible for refunding any order based on a package that is damaged upon return, due to any negligence outside our power, or a package that takes any amount of delay in being returned. No exceptions will be permitted. The buyer is responsible for returns of packages, regardless of the reason.
For items marked as delivered and or signed for (however package not yet obtained), especially to European countries which charge import taxes; Darkside Studios requires the buyer to wait a total of 10 business days after a signature is captured, or the package is marked as delivered, for the package to move from import customs to the buyers residence. No exceptions to this. If the package does not materialize within 10 business days of the tracking showing delivered, the buyer shall file a lost package claim on their own behalf, with the documentation and proof of shipment support provided by Darkside Studios LLC.
Canadian Buyers:
Most packages over 1lb shipped to Canada are sent using UPS standard, or expedited (buyers choice). Although this service is extremely fast and guaranteed, UPS is required ( if applicable ) to collect any import taxes levied by Canada to packages incoming from the USA. UPS will contact you when your package arrives in Canada to attempt to collect any applicable taxes. Often UPS charges a ' Brokerage ' fee for this service. Although you can pay UPS this brokerage fee to collect the taxes from you for your import and pass them onto the proper Canadian government tax authorities, you can avoid this ' Broker ' fee by telling UPS when they contact you, you want to self-clear your package. Below is a link to an article describing this process.
Self-Clearing inbound to Canada parcels link click HERE
If you are in need of a commercial invoice to follow through with the process, please email me with your order number and a request for said commercial invoice at darksidestudioarts@gmail.com
If you wish to avoid using UPS and their brokerage fees, please choose USPS as the carrier for your shipment. UPS is offered for your consideration primarily because it DOES offer excellent speed and time frame reliability to Canada, as compared to USPS, and is great for those who don't mind paying UPS to be the broker and pay the import taxes to Canadian authorities on your behalf.
The Canadian government charges import taxes and duties on goods sent from the USA ( Darkside Studios' location).
Click Here For Canadian Import Tax Laws
This tax is based on the value of the goods, and the category of the goods. Darkside Studio's product generally use tariff HTS Code: 3919.90.1000 which is defined as; Self-adhesive Plates, sheets, film, foil, tape, etc, of Plastic.
Below is a link provided as a reference only for determining your import taxes and other applicable fees. *This is only a guide, and should not be assumed to be verbatim. Darkside Studios makes no claims or assurances of the accuracy of this calculator.
The above statement makes clear your responsibilities with regard to paying import taxes. Please be aware, Darkside Studios LLC will not pay import taxes, return package fees for refused packages, or any other form of payment for lost capital due to but not limited to import fees, taxes, brokerage costs and duties. Original shipping cost paid for refused packages is non-refundable.
Handling time:
All orders require a minimum of 3 business days for manufacturing and handling. Business days are defined as any day that is not a federal holiday or a weekend. Handling time is defined as an entire business day, equating to one day of handling time. For example, if you place your order on a Monday (a business day), that day does not count as a handling time day due to the varying times orders may be placed. Tuesday would be Day 1 of handling time, Wednesday would be Day 2, Thursday would be Day 3, and the product should ship (be scanned by the carrier) on Friday. If your order is delayed beyond the stated 3-business-day standard, Darkside Studios LLC will make every effort to notify you. If your order is incomplete or we have questions, handling time begins once all questions are answered, not on the sale date. Factors that could affect handling time include weather, power outages, computer or machinery upgrades or downtime, communication issues with the buyer, delayed approval of graphic work by the buyer, and the current studio workload, especially around holidays. If you choose expedited shipping during checkout, you may request a refund at any time PRIOR to the package being shipped due to handling delays on our end. Once the package is shipped (has a drop-off scan), no refunds will be given, regardless of the reason for our handling time.
Over the years, I’ve received numerous questions about why I operate with a 3-day handling time. To answer this fully, it’s important to understand that I own and operate Darkside Studios as a single-owner business. From day to day, I handle anywhere from 10 to 15 orders to manufacture and ship. Manufacturing graphics requires design, printing, 24-hour drying times, lamination, cutting, packing, and shipping. The 3-day handling time provides me with the necessary flexibility to complete these tasks while managing varying workloads from week to week.
Transit times stated at checkout are assumed -without- Darkside Studios' minimum 3-day handling time. Please make a mental note of this and choose accordingly.
Shipment transit times:
Shipment transit times are defined as: The day the package is scanned as received by the carrier to the time the package is scanned as delivered). Darkside Studios' handling time, and the transit time, should not be conflated or combined. Once the package is scanned by the carrier, the transit time begins, any delays are within the purview and responsibility of the carrier providing the shipping service. Darkside Studios LLC is not responsible for delays in shipments that are out of our control and in the hands of the carrier. Any complaints regarding transit times once the package leaves our hands, especially next day air, second day air, three day air, or other expedited services whether domestic or internationally need to be directed to the service provider, not Darkside Studios LLC. Service provider is defined more specifically as the carrier, IE; UPS FEDEX USPS DHL. They are providing the service to which you paid for ( shipping transit time ) not Darkside Studios LLC. Please be aware, especially post Covid (2020) NO shipment service generally speaking is guaranteeing delivery times, all expedited services have fine print stating there is no guarantees it will hit the mark. Please only place an order if you are prepared to be patient with delivery times. The standard late procedures for mail will still be honored, as stated in the terms and conditions. Any complaints regarding transit times once the package leaves our hands, especially next day air, second day air, three day air, or other expedited services whether domestic or internationally need to be directed to the service provider, not Darkside Studios LLC. Service provider is defined more specifically as the carrier, IE; UPS FEDEX USPS DHL. They are providing the service to which you paid for ( shipping transit time ) not Darkside Studios LLC.
Rewards Program Terms & Conditions:
Darkside Studios LLC offers a rewards program as a courtesy to our customers; however, participation in this program is subject to the terms outlined here. Darkside Studios reserves the right to modify, suspend, or terminate the rewards program at any time, without prior notice, and at our sole discretion. In the event of program termination, all accumulated points will be rendered void and will not be redeemable for discounts, products, or any other benefits.
Additionally, Darkside Studios retains the right to revoke or adjust points, deny participation, or cancel a customer’s rewards account for any reason deemed necessary, including but not limited to suspected fraud, abuse of the program, or any violations of our policies. A minimum order amount of $50.00 USD is required to redeem any rewards points. Points have no monetary value and cannot be exchanged for cash. By participating in the rewards program, customers acknowledge and agree to these terms. Continued participation in the program constitutes acceptance of these conditions.
**Terms of Sale: (Legal Stuff)**
--DISCLAIMERS, WAIVERS WARRANTY AND INDEMNITY: Buyer's purchasing or placing a bid on Item: Buyer hereby agrees that they have read and agree to be bound by all Terms and Conditions within this listing. Buyer has had the opportunity to contact Seller to ask any questions regarding this Item prior to purchase. Buyer waives all liability of Seller and claims against Seller for damages, losses, costs, injuries, penalties, expenses, attorney's fees and liabilities of whatever nature whether in tort, contract, warranty or strict liability, including without limitation those resulting from injuries or deaths of persons and damages to property resulting from, or arising out of or in connection with the use, condition, transportation, service, possession, sale of this Item, loss or liability resulting from negligence, parts, labor, delay or business interruption by Buyer or third parties, delivery delays, work stoppages, failure to warn, operational deficiencies or failures, breakdowns, strikes, acts of God, or other cause (whether such causes are avoidable or not) caused in whole or in part, directly or indirectly by Buyer, or Seller. Under no circumstances is Seller responsible for special, indirect, incidental or consequential damages, even if Buyer has been advised of their possible existence. Buyer agrees to indemnify, defend and hold Seller harmless from and against any and all specified claims. Seller hereby disclaims all warranties, express and implied, with respect to this Item or any item sold at Darkside Studios or a derivitave of, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or that the Item is free from latent defects.
Overview:
This website is operated by Darkside Studio Arts LLC.. Throughout the site, the terms “we”, “us” and “our” refer to Darkside Studio Arts LLC.. Darkside Studio Arts LLC. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel and or refund portions of orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Darkside Studio Arts LLC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Darkside Studio Arts LLC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 10 Klines Road Bloomsburg Pennsylvania US 17815-6514.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at darksidestudioarts@gmail.com.
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