TheDarkSide Records

Website and App Terms and Conditions

Effective Date: January 1, 2025

The following terms and conditions (“Terms and Conditions”) govern your use of TheDarkSide Records-operated websites and/or mobile apps (collectively, the “Site”). The Site is made available by TheDarkSide Records (“TheDarkSide” or “we” or “us”). We may update these Terms and Conditions from time to time without notice, by posting changes on the Site.

Purchases of goods and services through our Site are governed by TheDarkSide Records’ Webstore Terms and Conditions.

BY ACCESSING OR USING THE SITE, INCLUDING REGISTERING FOR AN ACCOUNT OR SUBMITTING FEEDBACK, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

1. Proprietary Rights

TheDarkSide Records owns all rights, title, and interest in and to the Site, including its content (audio, visuals, text, software, etc.), code, data, and design. Your use of the Site does not grant you ownership of any content or materials. Use of content for commercial purposes without express permission is strictly prohibited.

2. Trademarks

All trademarks, logos, and service marks displayed on the Site are owned by TheDarkSide Records or third parties. You may not use any of them without prior written consent.

3. User Information

By using the Site, you may provide personal information (“User Information”). Our collection and use of User Information is governed by our Privacy Policy.

You are responsible for the accuracy of any User Information you provide.

4. SMS/Mobile Programs

By enrolling in a mobile program, you consent to receive messages, including offers and updates, from TheDarkSide Records via SMS/MMS. Message and data rates may apply. You can opt-out anytime by replying “STOP” or contact customer support via [email protected] with “SMS Marketing Inquiry” in the subject line.

5. Unsolicited Materials

We do not accept unsolicited submissions. Any materials you send will be considered non-confidential and may be used without restriction.

By submitting materials, you warrant you have full rights and grant us a worldwide, royalty-free, perpetual license to use them.

6. User Conduct

While using the Site, you agree not to:

  • Post or transmit illegal, threatening, defamatory, obscene, or otherwise objectionable content.

  • Infringe on intellectual property rights.

  • Engage in unauthorized commercial activity.

  • Distribute viruses or harmful content.

  • Attempt unauthorized access to our systems.

You agree to indemnify and hold TheDarkSide Records harmless for any claims arising from your use of the Site.

7. Account and Password

You are responsible for maintaining the confidentiality of your login credentials. You agree to immediately notify TheDarkSide Records of any unauthorized use of your account.

8. Software Downloads

Use of any software downloaded from the Site is subject to the applicable license agreement.

9. Orders for Products and Services

Products or services offered through the Site are available only to individuals who are 18 years of age or older and located within supported regions. Payment must be made at the time of order, and all applicable taxes must be paid.

10. Third-Party Websites

The Site may link to external websites. We are not responsible for third-party content, products, or services.

11. DISCLAIMER OF WARRANTIES

TheDarkSide Records website (“the Site”), including without limitation all services, content, functions, and materials, is provided “as is” and “as available,” without any warranties of any kind, either express or implied. This includes but is not limited to warranties of:

  • Information accuracy

  • Data processing services

  • Uptime or uninterrupted access

  • Non-infringement

  • Merchantability

  • Fitness for a particular purpose

We make no warranties that:

  • The Site or its services will be timely, secure, uninterrupted, or error-free

  • Defects will be corrected

  • The Site will meet users’ requirements

No advice, result, or information obtained by you from TheDarkSide Records, orally or in writing, shall create any warranty not expressly made herein.

We also disclaim any responsibility for any damage, viruses, or harmful components that may affect your equipment from using the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using it.

Regarding Products and Services:
TheDarkSide Records and its licensors/suppliers make no warranties regarding any products or services ordered through the Site. Products and services are provided “as is,” unless otherwise specifically stated in a written agreement between you and TheDarkSide Records.

12. LIMITATION OF LIABILITY

Under no circumstances shall TheDarkSide Records or any of its affiliates (“Protected Entities”) be liable for:

  • Any direct, indirect, special, incidental, consequential, exemplary, or punitive damages

  • Loss of business or sales

This applies even if we have been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of liability for incidental or consequential damages, so the above may not apply to you.

In no event shall the total liability of the Protected Entities to you exceed the amount, if any, paid by you to TheDarkSide Records for use of the Site.

13. Applicable Laws

TheDarkSide Records operates from South Africa. We do not represent that materials on the Site are appropriate for use outside South Africa. If you access the Site from other locations, you are responsible for compliance with local laws.

14. Modifications to the Site and Services

We reserve the right to modify, suspend, or discontinue any part of the Site or services at any time, with or without notice. This includes content, features, and hours of availability.

We also reserve the right to limit or restrict access to parts or all of the Site and to terminate your access or membership at our sole discretion.

15. Notices and Contact Information

All legal notices must be in writing and sent by personal delivery, registered or certified mail, or via a recognized courier service to:

TheDarkSide Records
443 Willow St
Port Elizabeth, Eastern Cape 6241
South Africa
Email: [email protected]

Delivery shall be deemed effective as follows:

  • Personal delivery: on the date of delivery

  • Registered/certified mail: third business day after mailing

  • Courier service: second business day after deposit

If you have questions, comments, or complaints, feel free to reach out using the contact information above.

16. Miscellaneous

  • Failure to enforce any right or provision under these Terms does not constitute a waiver.

  • If any provision is found invalid, it will not affect the validity of the remaining provisions, which will remain in full force.

17. Dispute Resolution

You and TheDarkSide Records agree to arbitrate all disputes (except those concerning intellectual property rights) through binding non-appearance-based arbitration, administered by a mutually agreed arbitrator.

  • The dispute resolution process will involve informal negotiation for 60 days upon notice.

  • If unresolved, arbitration will proceed under rules selected by the initiating party, typically based on written submissions, online proceedings, or telephonically.

You waive your right to a jury trial and agree to individual arbitration (no class actions).

If arbitration is deemed unenforceable, any legal action must be brought exclusively in courts located in Eastern Cape, South Africa.

United Nations Conventions on Contracts for the International Sale of Goods does not apply.