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TERMS OF USE
Effective Date: 08/23/22
Last Updated: 08/23/22
Please read these terms and conditions of use carefully before using this site and platform.
This Terms of Use is applicable to the URL worldwide web location, and mobile-optimized versions of the same to which this Terms of Use is linked, along with any subpages, mobile applications offered through the Apple App Store and/or Google Play App Store, or other websites or online accounts owned or operated (collectively “Site”) by Dark Horse Red LLC or any of its subsidiaries, partners, and/or affiliates under its control (collectively “we”, “us” or “our”). Your use of our Site is governed by the terms and conditions outlined in this Terms of Use and our Privacy Policy. Use of our Site constitutes acceptance of all terms contained herein. If you do not accept any of the terms contained herein, you must cease use of our Site and participation on our platform immediately.
We may revise and update these Terms of Use at any time and will note the date of such changes above. Your continued usage of this Site constitutes your acceptance of and agreement to be bound by the new and updated terms.
Please pay particular attention to the following provisions when you review these Policies as these terms survive the expiration or termination of these Terms of Use for any reason whatsoever: Limitation on Liability, User Submissions, The Online Communities, Indemnity, General, Jurisdiction and Arbitration, and Complete Agreement. By using the Site, you recognize and agree that these terms continue to apply post-termination. If you do not agree to this, you must stop using our Site immediately.
Signing Up
To access the content featured on the Site and participate, you are required to sign up and submit certain personal information in order to create your account. Such information may include, but is not limited to, your name, birthday, address, email address, and phone number. Only those who are the age of majority (typically 18 in most states/jurisdictions) and are United States citizens or lawfully admitted permanent U.S. residents (i.e. Green Card holders) are eligible to participate. By providing your information and creating an account, you represent and warrant you are eligible to participate and agree to be bound by the terms contained herein and in our Privacy Policy. Further, by creating an account and entering your email address, you are providing your express written consent to opt-in to email marketing campaigns offered by us. You may opt-out of such marketing campaigns at any time and for any reason by clicking the “unsubscribe” link at the bottom of any of our emails. You recognize and agree, however, that we may continue to email you notices regarding Site improvements, availability, or to contact you specifically about your account and you consent to the receipt of such correspondence even if you opt-out of other communications.
Use of Content
This Site and any and all content on or available throughout the Site, 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 of Use, 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 of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws or our rights 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 Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
User Submissions
By voluntarily submitting any information, communications, or content of any kind (including, but not limited to, photos, videos (including uploaded testimonial 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.
You further grant us and our affiliates and partners a worldwide irrevocable, nonexclusive, perpetual, royalty-free, fully sub-licensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, and/or otherwise commercially and non-commercially exploit your Submitted Items. You further recognize and agree all copyright, trade secret, trademark or other intellectual property rights related therein to any subsequently created works (photos, montages, videos, etc.) produced and/or disseminated by us vests solely in us. Under no circumstances shall you obtain any ownership rights or interests in such any such derivative or subsequently created works. You further recognize and agree that any subsequently created works that feature any User Submissions provided by you can be used in any manner and on any 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.
If you do not agree or otherwise object to our use of your Submitted Items as described above, you should not upload any materials to the Site. Doing so constitutes your express written consent to our use as described above.
Each Submitted Item is also subject to such other terms and conditions as any of the affiliates and partners may specify for particular submissions. By submitting material to us, 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 that you are the legal age of majority in your state/province (18 in most states/provinces). The submission of any Submitted Item in no way creates any obligation or duty on our part or the part of any affiliate and partner to post or use such Submitted Item or, if we do so, to give you credit. We may contact you via phone, email or mail regarding your submission.
Limitation on Liability
When using the Site, information will 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 this Site.
This Site and the Content are provided on an “AS IS” basis. WE AND OUR AFFILIATES, 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, LICENSORS AND SUPPLIERS ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, MOBILE APPLICATIONS, OR ANY WEB SITE 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 this Site or any website with which it is linked. All information and promotions are subject to change without notice. Without limiting the foregoing, we and our affiliates, partners, 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 this Site or related material from us or the satisfaction of any government regulations requiring disclosure of information on any products with regard to the Content contained on this Site.
In no event shall we, our affiliates, partners, licensors, suppliers, or any third parties mentioned on this Site 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 the Site 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, and regardless of whether or not we advised you of the possibility of such damages. We are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Communities (as defined below) or for any other breach by you of these Terms of Use. Any claims arising in connection with your use of the Site, 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 of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
Children’s Privacy
We are committed to protecting the privacy of children. You should be aware this Site is not intended or designed to attract individuals younger than 18 and you must be the age of majority in order to participate. We do not collect personally identifiable information from any person we actually know is an individual younger than 18. Any accounts brought to our attention that are determined to be held by individuals younger than 18 will be disabled. To further learn about our privacy commitment, please refer to the Privacy Policy.
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 the Site. You should notify us promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, 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 for any reason, please contact us at social@walkawaycampaign.com
To provide notice of claimed copyright infringement, please mail your notification to:
1872 Lexington Ave. Ste. 139
NY, 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 are happy to introduce within or linked to the Site 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. We do not and cannot review every message posted (but reserve the right to do so).
Please read carefully the policies below. If you cannot comply with these policies and the Terms of Use, please do not use the Communities. As a member of the Communities provided by us, you acknowledge and agree to the following:
YOUR PARTICIPATION IN THE COMMUNITIES IS SOLELY AT YOUR OWN RISK.
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, abusive, or could be interpreted as encouraging violence to any other person, location, and/or entity, or is otherwise inappropriate or unlawful. You are solely responsible for the content of the messages that you post. While we reserve the right to remove any objectionable posts that are in violation of these Terms of Use, we cannot review every post to ensure compliance.
If you object to our removal of your Submitted Items from the Communities, you may submit an appeal to help@walkawaycampaign.com with the details forming the basis of your appeal. Notwithstanding the foregoing, all decisions made by us related to any filed appeals shall be determined in our sole discretion and are final.
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 as discussed in this Terms of Use. 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 written approval, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
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, partners, licensors, licensees, customers 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 Terms of Use, please notify us by sending a detailed email message to the address listed under the Contact Us section. 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 Use.
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 policies and/or the Terms of Use 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 this Site upon any breach of these policies and/or the Terms of Use.
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 if deemed necessary in our sole discretion.
Edit or delete any communication(s) posted in the Communities or anywhere on this Site, 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 this Site or the Communities or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements and Links to Other Sites
We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, indexes or directories, sites framed within this Site, or third-party advertisements, and do not make any representations regarding their content, accuracy or non-infringement. We do not endorse any product linked on this Site. Your use of third-party websites is at your own risk and subject to the terms of use of use for such sites. You should be aware both the terms of use and the privacy policies of linked sites may differ from ours.
Indemnity
You agree to defend, indemnify and hold harmless us, our affiliates, 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 of Use, your submissions or content to the Site or Communities, your violation of any rights of another or applicable laws and regulations, or your unauthorized use of any content on or accessible through the Site.
Trademarks
The tradenames, logos, titles, designs and trademarks under which we, our affiliates, and/or our vendors operate are trademarks of us, our affiliates, vendors, and/or licensors and are all proprietary to their respective owners. Except as may be specifically permitted in accordance with these Terms of Use, any use of such names, tradenames, logos, titles, designs and trademarks is strictly prohibited without the prior written consent of their respective owners.
General
If any provision of these Terms of Use or our Privacy Policy 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 of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Jurisdiction and Arbitration
We are a United States entity and not subject to, nor do we comply with, the laws and restrictions of any foreign jurisdiction. Your use of our Site constitutes your consent and agreement to be bound solely by the laws of the United States and those of the State of Delaware. 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 Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Except for temporary, preliminary, or permanent injunctive relief or any other form of equitable relief, you hereby agree any and all disputes arising from or related to your use of the Site shall be submitted to a single arbitrator for binding arbitration under proceedings conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Either party may choose to have the AAA administer the arbitration if such party advances all AAA fees and expenses, subject to final apportionment. Otherwise, a neutral arbitrator mutually agreed upon by the Parties shall administer the arbitration in a mutually agreeable arbitration forum. The Parties agree that any law school arbitration clinic or program is an acceptable arbitration forum. The award of the arbitrator shall be limited to remedies otherwise available in court and shall include a written explanation of the decision. The non-prevailing party shall bear the fees of arbitration and the other party’s reasonable attorneys’ fees. These Terms of Use, the Privacy Policy, the Site, and the use of information (including personally identifiable information) provided or accessible through the Site, are governed by the internal substantive laws of the State of Delaware without regard to its conflict of laws provision.
Complete Agreement
Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use and our Privacy Policy constitutes the entire agreement between you and us with respect to the use of this Site, and Content. Your use of this Site is also subject to our Privacy Policy.
Contact Us
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 send us a message using the Contact Us section on this Site or send a letter to: Social@walkawaycampaign.com or
1872 Lexington Ave. Ste. 139
NY, NY
10035
Last Updated August 2022