Terms of Service
I. Your Registration and User Account
All user accounts are governed by and subject to the following rules:
- Use of your account is expressly limited to you. Your account may not be transferred or shared with any other party, temporarily or permanently.
- You agree to bear sole responsibility for all use of your account and for the confidentiality of your password. To protect your privacy, Darting.com will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen or otherwise compromised.
II. Rules of Online Behavior
Darting.com reserves the right to screen or edit messages posted in message boards, comments made in chat rooms, product reviews or any other user-created content. Darting.com reserves the right to monitor said content and to remove any objectionable material at any time, at our sole discretion. By participating in message boards, chat rooms, product reviews or any other services provided by Darting.com, you acknowledge that you may encounter material that you find offensive. Darting.com disclaims any responsibility for said material.
By participating in any service of Darting.com, you agree not to
- attach files to messages that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer
- participate in such a way as to undermine the operation of a message board, chat room or other service
- use a message board, chat room, or other service to harass others
- use Darting.com to disseminate any inappropriate, defamatory, libelous, threatening, infringing, obscene, or unlawful material or information
Darting.com disclaims all liability for messages appearing on message boards, comments made in chat rooms, Web pages hosted by Darting.com, and other materials created by Darting.com users. Darting.com has no responsibility for such content and is merely providing access to such content as a service to you.
Use of distribution lists in electronic mail or other mass electronic mailings is subject to the approval of Darting.com. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of Darting.com.
By participating in Darting.com, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.
Message boards, Web pages, and other services provided by Darting.com may not be used for unauthorized electronic commerce. Use of any Darting.com service, including but not limited to message boards and Web pages, for the sale of products or services (including participation in any affiliate program other than that operated by Darting.com ) is prohibited. If, in the sole discretion of Darting.com , you are found to be Darting.com services for any inappropriate commercial purpose, Darting.com reserves the right to take action to end said activity.
Darting.com may terminate your account if it believes, at its sole discretion, that you have violated any of the terms of this agreement.
III. Representations, Warranties and Acknowledgement
Darting.com does not endorse, and specifically disclaims any responsibility or liability for, any content on any message board, in any chat room, on any Web page, or on any other content on Darting.com . Darting.com makes no representations about the reliability of services by Darting.com, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on said material and/or systems will be at your own risk. Darting.com makes no representations regarding the amount of time that chat rooms, message board discussions, uploaded files, or any other content will be preserved by Darting.com.
By posting on message boards, participating in chat rooms, or creating any other content, you will be deemed to have granted Darting.com perpetual, non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability.
You participate in and/or operate message boards, chat rooms, and/or other Darting.com features at your own risk. If you are unhappy with the contents and/or operation of a message board and/or chat room, your only recourse is to contact the host or Web site that operates said service(s). If you are dissatisfied with any feature, operability, contents, this agreement, other agreements Darting.com imposes as a condition of usage, or any other component of the Darting.com Web site, your sole remedy is to discontinue use Darting.com services.
If ordering merchandise and/or services from anyone other than Darting.com, through any commercial service accessible via Darting.com, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. Darting.com makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.
DARTING.COM'S SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO DARTING.COM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DARTING.COM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE DARTING.COM . NOR SHALL DARTING.COM BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND DARTING.COM'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DARTING.COM'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL DARTING.COM'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that Darting.com has the right to delete any messages, files, or any other content that you may have uploaded to any service of Darting.com which have not been accessed for some period of time and is deemed by Darting.com, at its sole discretion, to be abandoned, or any materials that violate the terms of this or any other binding agreement.
You agree to indemnify and hold Darting.com, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
This Agreement will remain in effect unless and until Darting.com notifies you that a renewal agreement must be entered.
Darting.com may, at any time, modify any of the terms and conditions contained in this agreement by making such changes in this page on the Darting.com Web site.
These terms will be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without regard to its conflicts of law provisions.
