Terms of Use

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Agreement to Terms

Dark Holler Arts, along with its officers, employees, agents, partners and licensors/licensees ( herein referred to as “Company”, “we”, “us” or “our”), provide the Dark Holler Arts Service to you (“the user”) subject to the following terms. By using these Services, you agree to each of the terms contained herein, as well as Our Privacy Policy (available at www.darkhollerarts.com/privacy-policy).

These TERMS may be amended by the Company as needed, without notice. By continuing to use the Services provided by Dark Holler Arts, subsequent to any changes, you thereby acknowledge, agree and consent to these amendments.

By using our Service, you consent to the Company storing records related to your purchases and use of our website. Your electronic signature in agreement to these TERMS will be considered a binding contract. You also represent that you are of legal age to form this binding contract and are not a person barred from receiving these Services under the laws of the United States or other applicable jurisdiction.

When using these Services, you will be subject to any rules or policies posted on the Dark Holler Arts website. Such rules and policies are hereby incorporated into these TERMS. The Company may also offer other services that are governed by different terms of service.

Services

Dark Holler Arts provides users with access to communications tools, which may be accessed through any medium or device, including but not limited to websites and applications that deliver information and applications that enable purchases through our Service.

The Service may include advertisements and communications from Dark Holler Arts, including promotional emails. When you complete our registration process, you are consenting to receive such communications. Every email communication from the Company includes a subscription opt-out link. If you do not wish to receive promotional communications fromus, you can disable these communications by using this opt-out link.

Unless explicitly stated otherwise, any new tools that alter or improve the current Service shall be subject to these TERMS.

Please be aware that you must be at least 13 years of age to access and use these Services.

Accounts

You are not required to create a user account, but are given the opportunity to do so. If you choose to create an account with Dark Holler arts, you agree to provide accurate and current information about yourself as prompted by the Service’s registration forms. You are responsible for maintaining the confidentiality of the password and username you create upon registration, and are considered responsible for any and all activities that occur under your user account. You will immediately notify the Company of any breach of security on your account. Dark Holler Arts will not be liable for any claim arising from your failure to comply with these conditions.

User Content

You understand that all Information or content that is uploaded, posted, shared or transmitted by you and all users through our Service is the sole responsibility of the person from whom the content originated. The company does not control such content and does not make any guarantees related to such content. By using our Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company be held liable for any claim related to such content.

The Company reserves the right to remove content posted by you, or any user from the Dark Holler Arts website without notice as deemed necessary.

Pricing Policies

Items in your Shopping Cart will always reflect the most recent price displayed on the Dark Holler Arts shopping cart. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your cart and the time you purchase it.

Some discounts are limited-time offers, meaning the price on the Company’s site may change on occasion.

The Company cannot confirm the price of an item until you have finalized your order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the Company discovers an incorrectly priced item, it will do one of the following:

  • If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item’s correct price is higher than our stated price, we will either contact you for instructions before shipping, or cancel your order and notify you of such cancellation.

Company Conduct

Dark Holler Arts reserves the right to access, and disclose your Information and/or Content if, among other things, it is required to do so by law.

The Company reserves the right at any time to modify or discontinue our Service with or without notice. Dark Holler Arts will not be held liable to you or to any third party for any discontinuation or modification of the Service.

The Company may at its own discretion, without prior notice to you, immediately terminate your username and account. Dark Holler Arts will not be liable to you or any third party for such termination.

Dark Holler Arts may provide links to other web sites. Because we have no control over such sites, we will not be responsible for the availability of these external sites, and will not be held liable for the conduct of external web sites.

Indemnification

You will indemnify and hold Dark Holler Arts harmless from any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to content you make available through our Service, your use of our Services, or your violation of the TERMS herein.

Termination

Either party may terminate these TERMS for any reason at any time by notifying the other party. However, if you access the Service after terminating these TERMS, you are agreeing, again, to consent to these TERMS.

YOU USE THE SERVICE AT YOUR SOLE RISK. COMPANY PROVIDES THE SERVICE “AS IS”.

Limitation of Liability

THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) UNAUTHORIZED ACCESS TO YOUR TRANSMISSIONS, DATA OR INFORMATION; (3) THE CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (4) ANY OTHER MATTER RELATING TO OUR SERVICE.

Governing Law

These TERMS and the relationship between you and Dark Holler Arts shall be governed by the laws of the State of Pennsylvania as an agreement wholly performed therein without regard to its conflict of law provisions.

These TERMS constitute the entire agreement between you and the Company and govern your use of the Dark Holler Arts Service. These TERMS supersede any prior agreements between you and Company with respect to our Service. You also may be subject to additional terms and conditions that may apply when you use or purchase other Dark Holler Arts services, or affiliate services.

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