TERMS AND CONDITIONS
Please read these Terms and Conditions of use carefully before using this site or engaging with any content on www.brandonstraka.com, a website owned and operated by Dark Horse Red, LLC.
We may revise and update these Terms and Conditions at any time, with or without notice. Your continued usage of DHR will mean you accept those changes.
Use of Content
DHR and any and all content on or available throughout DHR, including without limitation, text, graphics, images, software, audio, video, information, data materials, products, and services (collectively, the “Content”) is owned by us or our content providers. Subject to these Terms and Conditions, the Content is protected by copyright under both United States and foreign laws and international treaties. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws or the rights of third parties. Content and features are subject to change or terminate without notice at our sole and exclusive editorial discretion. All rights not expressly granted herein are reserved to us. If you violate any of these Terms of Service, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
DHR Merchandise and Store
DHR may, if desired, offer merchandise for purchase. If offered and you elect to make such a purchase, please ensure you review the specific terms of service that will apply to your purchase.
Limitation on Liability
When using DHR, information may be transmitted using a medium and/or jurisdiction beyond our control and jurisdiction and that of our suppliers. Accordingly, we assume no liability for any delay, failure, interruption or corruption of any data or other information transmitted in connection with use of DHR.
DHR and the Content are provided on an “AS IS” basis. WE AND OUR AFFILIATES, CLIENTS, LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WE, OUR AFFILIATES, CLIENTS, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA DHR, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, TRUTHFUL OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on DHR or any website with which it is linked. Price information and promotions are subject to change without notice. Without limiting the foregoing, we and our affiliates, clients, licensors and suppliers make no representations or warranties about the following:
- The software, text, graphics, links, or communications provided on or through the use of DHR or related material from us.
- The satisfaction of any government regulations requiring disclosure of information on any products (e.g. prescription drugs) with regard to the Content contained on DHR.
In no event shall we, our affiliates, clients, licensors, suppliers, or any third parties mentioned on DHR be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use DHR or the Content, or damage to your computer system due to viruses or other defects, whether based on warranty, contract, tort or any other legal theory, whether or not we advise you of the possibility of such damages. We are not liable for any personal injury, including death, caused by your use or misuse of DHR, Content or Communities (as defined below) or for any other breach by you of these Terms and Conditions. Any claims arising in connection with your use of DHR, any Content or the Communities must be brought within one (1) year of the date of the event giving rise to such action occurred, regardless of when such event becomes known. Any action not brought within one year from the date of the triggering event shall be barred, without regard to any other statute of limitations established by law. Your remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
By voluntarily submitting any information, communications, or content (including, but not limited to, identifying information, photos, videos, personal stories, anecdotes, and jokes) (each a “Submitted Item”) to this Site and/or Communities (as defined below), you agree such submissions are non-confidential for all purposes and you grant us and our affiliates, partners, and clients worldwide an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sub-licensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film or electronic storage devices), without compensation of any kind to you or any third party, and the right to include your name and city of residence in connection with any such use. Each Submitted Item is also subject to such other terms and conditions as any of the affiliates, partners, and clients may specify for particular submissions. By submitting material to us or our affiliates, partners, and clients, you represent and warrant you have full authority to grant the rights set forth above and your material will not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant you have attained the legal age of majority in your state/province (18 in most states/provinces). A parent or guardian must submit on behalf of any minor. The submission of any Submitted Item in no way creates any obligation or duty on our part or the part of any affiliate, partner, or client to post or use such Submitted Item or to give you credit. We may contact you via phone, email or mail regarding your submission.
DMCA Notice and Customer Care
You agree you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on DHR. You should notify us promptly if you believe any materials on DHR, including advertisements, or materials available on or through links, frames, indexes and directories linked to DHR, infringe a third-party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please contact us at the address listed at the bottom of this section for copyright infringement notices only. If you have a question about us, a general inquiry, or need to contact us, please email us at firstname.lastname@example.org.
To provide notice of claimed copyright infringement:
1872 Lexington Ave, Suite 242
New York, NY 10035
It is our policy to terminate contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.
The Online Communities
- We may introduce within or linked to DHR various online communities, such as mail lists, comments, and/or other public forums (collectively, the “Communities”). The Communities are a service intended to provide you with forums for the free-flowing exchange of information and opinions. With your help, the Communities can be an informative experience for all. We encourage your participation but ask you to remember you are solely responsible for the content of messages you post or share. We do not and cannot review every message posted (but reserve the right to do so).
- Please read the policies below carefully. If you cannot comply with these policies and the Terms and Conditions, please do not use the Communities. As a member of the Communities provided by us, you acknowledge and agree to the following:
- Content available through the Communities is provided “AS IS,” and you are solely responsible for your reliance on and use of such content. We are not responsible for the consequences of any communications made through the Communities. In cases where you feel threatened or believe someone else is in danger, you should take appropriate action such as contacting your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
- You are 18 years or older to participate.
- The information you submit to the Communities shall not be deemed confidential and shall be publicly available to third parties. You agree not to reveal any private information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. Furthermore, you agree not to reveal the health or other private information of third parties without their knowledge and consent.
- You agree not to upload to or distribute or otherwise publish through the Communities any content that is libelous, defamatory, obscene, pornographic, slanderous, threatening, harassing, or abusive, to any other person or entity, or is otherwise inappropriate or unlawful. You are solely responsible for the content of the messages you post. While we reserve the right to remove any objectionable posts that are in violation of these Terms and Conditions, we cannot review every post to ensure compliance. Any post that is removed by us is done in our sole discretion and may not be appealed.
- You agree not to use the Communities for any purpose in violation of local, state, or federal laws or regulations.
- You agree not to upload to or distribute or otherwise publish through the Communities any content that violates or infringes the copyright, trademark, or any other personal or proprietary rights of any third party.
- Messages, information, or other materials posted to the Communities are subject to use by us and our licensees in any medium (now in existence or hereafter developed), for any purpose, in perpetuity without further notice or any compensation of any kind to you or any third party. The submission of such materials in no way creates any obligation or duty on our part to post or use such materials, or to give you any credit.
- The Communities may be used only for non-commercial purposes. You agree not to, without our express and advance written approval, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
- Your participation in the Communities is solely at your own risk. In addition to your obligations under the Indemnity section of these Terms of Service, you agree to indemnify, defend and hold harmless us, our affiliates, clients, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorney’s fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you in the Communities. You agree to cooperate as fully as reasonably required in the defense of any such claim.
- You agree not to disrupt the normal flow of dialogue, or post comments not related to the topic being discussed (unless it is clear the discussion is free form), or otherwise engage in any other conduct that restricts or inhibits any other person from using or enjoying the Communities or the Site, or which, in our sole judgment, exposes us or any of our affiliates, clients, licensors, licensees, or suppliers to any liability or detriment of any type.
- You agree not to post chain letters or pyramid schemes; impersonate another person or allow another person or entity to use your identification for posting or viewing comments; distribute viruses or other harmful computer code; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same note more than once or “spam.”
- If you become aware of a violation of these policies, please notify us by sending a detailed email message to email@example.com. If you are writing to report a copyright infringement, please follow the procedure set forth in the section entitled “DMCA Notice” in these Terms of Service.
We reserve the right (but are not obligated) to do any or all of the following:
- Investigate any allegation a communication(s) does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication(s).
- Terminate a user’s access to any or all of the Communities and/or DHR upon any breach of these policies and/or the Terms and Conditions.
- Monitor, edit or disclose any communication posted in the Communities.
- Delete, move or edit communications determined, in our sole discretion, to be abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise illegal, disruptive, or otherwise unacceptable for any reason.
- Record the dialogue submitted through the Communities.
- Edit or delete any communication(s) posted in the Communities or anywhere on DHR, regardless of whether such communication(s) violate these standards.
We reserve the right to take any action we deem necessary to protect the personal safety of our users or the public. We have no liability or responsibility to users of DHR or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements and Links to Other Sites
You agree to defend, indemnify and hold harmless us, our affiliates, clients, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, your submissions to DHR, your violation of any rights of another or applicable laws and regulations, or your use of any content on or accessible through DHR.
The tradenames, logos, titles, designs and trademarks under which we and our affiliates, clients, or licensors operate are trademarks of us, our affiliates, clients or licensors and are all proprietary to their respective owners. Except as may be specifically permitted in accordance with these Terms and Conditions, any use of such names, tradenames, logos, titles, designs and trademarks is strictly prohibited without the prior written consent of their respective owners.
Dispute Resolution and Arbitration
If any provision of these Terms and Conditions is found to be invalid by any court having 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 of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Dispute Resolution and Arbitration, Limitation on Liability, User Submissions, The Online Communities, Indemnity, General, Jurisdiction, and Complete Agreement.
We are based in the United States of America. We make no claim the Content is appropriate or may be downloaded outside of the United States. Access to and contact or input to the Content may not be legal by certain persons or in certain countries. If you access DHR from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Thank you for your cooperation. We hope you find this Site helpful and convenient to use. If you have questions or comments regarding this Site, please contact us at firstname.lastname@example.org.
Last Updated: April 2021