DARK ALLEY Terms of Use

Definitions

A USER is defined as a person who accesses this web site from a computer for the purposes of viewing content contained on the website; COMPANY is Dark Alley Media, LLC; An IMAGE is a picture file displayed on this web site; A VIDEO is a media file, in .mpeg, .swf or similar formats, that shows motion picture; WEBSITE shall mean www.darkalley.com.
You, the USER, by clicking the "I Agree" button or by linking to areas of this WEBSITE and such, bypassing the disclaimer or warning statement, agree that you take full responsibility for your actions, and agree to hold COMPANY harmless for any actions that may occur as a result of viewing the content contained herein. You also agree that you are aware of the standards and laws of your State or community, with respect to adult material or obscenity, and take sole responsibility in the event that by viewing content of this WEBSITE shall be in violation. USER agrees that COMPANY has warned USER to research whether they may be in violation of viewing such material in their locality prior to accessing content on this WEBSITE in the event that they are unaware of the standards or laws of their State or community.
USER agrees that they are not from, nor acting in any capacity for, any government agency with the intent to gather information in order to prosecute or charge COMPANY with violation of laws or standards.
USER shall not download any content on this WEBSITE, as to store or save such content on their personal computer, and/or servers. All content on this site, whether an IMAGE, VIDEO or text, is either copyrighted or the property of COMPANY, and COMPANY reserves all rights to such material. USER shall not repost any content of this WEBSITE on any other web site, newsgroup, or other network without prior written agreement from COMPANY. In the event that COMPANY finds USER to be in violation of this clause, COMPANY shall have the right to pursue civil, and/or criminal, charges in a court of law, and that USER shall be responsible to pay all legal fees incurred by COMPANY for such. COMPANY shall set the following amounts for violations to this clause: storing and/or trading an IMAGE from this WEBSITE shall constitute civil damages to COMPANY in the amount of $2,000.00 (two-thousand U.S. Dollars) per IMAGE, per instance that the IMAGE is used, stored or posted; storing and/or trading an VIDEO from this WEBSITE shall constitute civil damages to COMPANY in the amount of $40,000.00 (forty-thousand U.S. Dollars) per VIDEO, per instance that the VIDEO is used, stored or posted.
All content contained on this WEBSITE or contained in any product sold on this WEBSITE is for the personal use of the USER, and may not be used for commercial purposes. USER shall contact COMPANY with any intentions of using such materials for commercial, or other purposes where USER will generate revenue from such use.
USER agrees that they are 21 years of age or older.
COMPANY agrees to ensure WEBSITE operation to the best of their abilities, however does not guarantee that WEBSITE may become unavailable as a result of periodic maintenance, hacking, equipment or service failures, or acts beyond the control of COMPANY. COMPANY does not maintain servers where this WEBSITE is hosted from, therefore any third-party agreements between COMPANY and such providers shall be incorporated into this agreement. COMPANY agrees to resolve interruptions in service as quickly as possible.

Product orders

COMPANY accepts Visa, MasterCard. Please provide your exact billing address and telephone number. This must be entered exactly as the address and telephone number the issuing institution has on file. Your credit card number will be encrypted and secure. Your browser must be capable of handling 128 bit encryption technology. USER agrees to pay all charges for orders in advance of COMPANY shipping product. All products are shipped via United Parcel Service ground or United States Postal Service first-class with signature verification. A person of 21 years of age or older must be present at time of delivery to sign for package. USER is aware that the address they instruct COMPANY to ship product to must be correct and accurate, and agrees that COMPANY shall not be responsible for errors that occur due to an incorrect address. In the event that any shipment is returned to COMPANY due to an incorrect address or failure of USER to sign for and receive shipment from delivery services, that COMPANY shall notify USER of the return and shall offer to re-ship product at an additional shipping and handling fee to USER. If USER declines to pay such additional charges, COMPANY shall refund USER their purchase amount, less shipping and handling fees, and 20% of the product price as a restock fee. COMPANY is not responsible for product shipments once such products are transferred to delivery services. USER shall inspect packages prior to signing for them, and shall notify the delivery service of any damages to package, and shall direct any complaints about such damages to shipment or product to the delivery services provider.

Warranty Policy

COMPANY warrantees DVD products to USER against manufacturing defects for 30 days following purchase. COMPANY will replace DVDs meeting these qualities as part of this warranty to USER. No exchanges for other titles or credits will be offered. In the event that a DVD is found to have a manufacture defect, USER shall contact COMPANY's Customer Service department. USER shall obtain an RMA number and ship DVD to COMPANY with the RMA number marked on the package to our Customer Service department - with "RETURNS" noted in address line.
COMPANY may quote release dates and/or availability dates for products on WEBSITE. These dates are estimated, and may change at any time. In the event that such dates change, COMPANY will indicate the changes on WEBSITE, and will notify any USERS who are awaiting product delivery of such changes. USERS who cancel orders as a result of such changes shall have amount(s) refunded to them by COMPANY within 30 (thirty) days from the date USER notifies COMPANY.

Shipping Restrictions

We shipped our products everywhere. COMPANY cannot guarantee that orders shipped to addresses outside the United States will ever arrive at their destination. We will not be held responsible for the actions of customs agencies, mail agencies, and law enforcement agencies in other countries which may detain or confiscate merchandise we attempt to ship to you. Any confiscated items will not be replaced by COMPANY.

Shipping Restrictions

USER shall not order material for the purpose of making it available to minors. USER is responsible for products ordered, and shall not hold COMPANY responsible should such products become available to minors by the actions of USER. USER shall not order products to be shipped to a minor from COMPANY. Products shipped to anyone other than the USER, such as in the case of a gift, shall not incur the responsibility of COMPANY to verify the person receiving the delivery, and shall be the sole responsibility of the USER to ensure that the person instructed to deliver to is not a minor.