Your Launch Documents

Terms of Service

"WHAT THIS MEANS"

By visiting our website or using our services, you are entering into a legal agreement with us, consisting of these Terms of Use, our Privacy Policy, and our additional services’ legal terms.

You signify your consent to these terms by accessing or using any of our services, You may use our services only if you fully consent to all of our terms. If you do not consent to these terms you may not use our services.

1. USER ACCOUNT

You are responsible for providing accurate and complete information and keeping that information up to date.

You are responsible for the security of your user account access information. If you share your user account with someone else, you are responsible for any actions they may take.

If your account was given to you by a web designer that has a designer account with us, that web designer will have administrative access to your website.

The owner of the website is the person or business who is making payment on the account. If you are the owner of the website you can choose to remove designer account access.

We will determine the ownership of all user accounts and websites if necessary.

2.  YOUR OBLIGATIONS

To use our services, you must abide by certain obligations and conditions.

2.1 Representations and Warranties 
You must be at least eighteen (18) years old and use our services in a permitted location.

2.2 User Content
You must own, or have a license for, all the content that you use to create your website. You cannot use any content on your website is illegal and violates any laws.

2.3 User Responsibilities
You are responsible for complying with all applicable laws or agreements that would affect your use of our services. You are responsible for saving backup copies of any content that is contained in the website or that you obtain while using our services. We love what you create with DarkMatter and we want to show it off. You agree to let us use your website for promotional and marketing services.

2.4 User Restrictions
In order to use the services, there are some things you cannot do.

You cannot copy or reverse engineer our Services or those of our partners. We worked hard on this, so don't steal it.

You cannot post any content that would be offensive, harmful, threatening, obscene or otherwise harm another person. You cannot use our services for any illegal activities. We decide what is offensive, harmful, threatening or obscene. No porn, sorry.

You cannot do anything that would disable the services or cause them to operate in a way that they were not intended to do.

3. YOUR CONTENT AND INTELLECTUAL PROPERTY

You will own all of the content you add to your website, but you grant us a license to use the content to show off your content if we use your website for promotional or marketing purposes.

4. OUR CONTENT AND INTELLECTUAL PROPERTY

4.1 What We Own
We own all of the intellectual property that is a part of our website and the services, including our brand names, software code and images.

4.2 Your Right to Use Our Intellectual Property
You can use our intellectual property for the purpose of creating your website and selling your products via your website.  If you want to use our intellectual property for any other reason, you must get our written permission.  You do not have the right to let anyone else use our intellectual property. 

4.3 Comments and Feedback
Any comments or feedback you send us is not private or confidential.  We can display or use your comments or feedback for any purpose.

5. PRIVACY

By using the services, we may collect data and information that you provide to us or is gathered by your use of the services. By using the services, you agree to our collection of such data and information. If you would like to know more about what data and information we collect and what we do with it, please read our Privacy Policy.

6. SERVICE FEES

6.1 Fees
We offer monthly or yearly service plans at various levels. You can choose to upgrade or downgrade your plan. If you downgrade your account, you will receive a credit towards your next bill. We do not give cash refunds.

6.2 Renewal
At the end of your contract term (monthly or yearly) we will automatically renew your contract term for the same period as the previous contract (monthly or yearly). If you do not want your contract to be automatically renewed, you must terminate your account at least five days before the end of the contract term.

If your contract does not automatically renew because of your failure to keep your payment  information up to date, we are not responsible for any losses you suffer.

6.3 Trial Period
If you participate in our free trail you must decide to launch your website within the trial period or purchase a software-as-a-service package. If you do not make a purchase you will not be able to retain your content uploaded during the free trial. 

6.4 Storage of Information
You agree that we, or our third-party vendors, can store your payment information for the purposes of billing you for your use of the services. If your credit card expires and you don’t update it, your website will be shut off and your account may be terminated.

6.5 Taxes
You are responsible for the payment of all taxes related to your use of the services.  If you sell things through your website you are responsible to calculate and pay all necessary taxes on those sales.

6.6 Chargebacks
If you cancel, reject or chargeback your payments for the services we will terminate your account and you may loose the content of your website.  You will also be responsible for any fees we incur due to your chargeback or payment cancelation.

7. TERMINATION

7.1 Termination by Us
If you do not abide by these terms or fail to make payment we can terminate your account.

7.2 Termination by You
You can terminate the services at any time. If we receive a termination notice, your account will terminate at the end of the current contract period. We will need five days to process your request, so please plan ahead.

7.3 Loss of Data and Content.
If your account gets terminated, you may loose the contents, data and/or layout of your website. You should keep backup copies of all content you add to your website.

8. SALES THROUGH USER WEBSITE(S)

You are responsible for any and all sales of goods or services through your website.  We are not involved with these activities, and will not take any responsibility or blame for such sales activities. 

You agree not to sell any illegal or infringing products, weapons, offensive or explicit products, or products that are harmful to others.  If you do sell any of these types of products we may remove the items, suspend your account or terminate your account.

9.  THIRD-PARTY SERVICES

We do not control our third-party service providers or their websites. We are not responsible for anything that happens if you use their services or websites.   

10.  COPYRIGHT COMPLAINT POLICY

We do not control our third-party service providers or their websites. We are not responsible for anything that happens if you use their services or websites.   

11. DISCLAIMER OF WARRANTY

We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions.

We are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.

We may monitor or edit your website or content as we deem necessary.

12. LIMITATION OF LIABILITY

Subject to applicable law, we will not be liable for any damages you incur by using our services.

13. EXCLUSIVE REMEDY

If there is any problem with the website, services or your content your only remedy will be to stop using the services, website and content. 

14. INDEMNIFICATION

If we get sued or are placed in harms way by anything you did, you will be required to pay the associated costs and damages that we incur.

15. ADDITIONAL REMEDIES

We will have the ability to seek an injunction stopping you from any activity that violates these terms of service. We will also be able to recover our costs and attorney's fees that we incur in obtaining an injunction. 

16. AMENDMENTS, CHANGES AND UPDATES

We can amend these terms of service at any time, and the changes will be effective as soon as we make any changes. We will post a notice on our website if we make any changes. 

We may change, suspend or terminate our services or certain features at any time.  We may also change our prices as we deem necessary. We will provide you with email notice of such changes before they become effective.  If you do not agree to pay an increased fee, we may cancel your account or offer you a modified version of the services.

17. GOVERNING LAW AND JURISDICTION

We are a Minnesota company.  These terms of service are governed by Minnesota law.  If there are any legal disputes related to this agreement, you agree that they will be held before a court in Minnesota.

18.  NOTICES

We may contact you by email about important software updates or matters regarding your account. We are expecting you to read our emails to learn bout changes to your account and that your account stays up-to-date.

19. USER TERMS OF USE AND PRIVACY POLICY

It is your responsibility to draft your own terms of use, privacy policy, or any other necessary legal documents related to your website.  You agree that your terms of use and privacy policy will contain provisions that protect us and your website users at least as well as these terms of use and our privacy policy.

20. RELATIONSHIP OF PARTIES

Accepting these terms of use does not create a partnership or other special relationship between us.

21. ASSIGNMENT

We may assign our rights and obligations to other parties.  You may only assign your rights and obligations with our prior written consent.

22. SEVERABILITY

The various sections of these terms are independent from one another.  If any one of them is found invalid, the remaining sections will remain in force.

23. WAIVER

If we do not enforce any portions of these terms it does not mean that we waive those rights. And we may enforce them at any time in the future.

24. ENTIRE AGREEMENT

These terms, when combined with our privacy policy and additional terms, constitute the entire agreement between us. Anything outside these terms, Privacy Policy and additional terms are not a part of our agreement.

25. USE IN LEGAL PROCEEDINGS

A printed or electronically delivered version of this Agreement shall in admissible in a court of law.

26. HEADINGS, CAPTIONS AND EXPLANATIONS

Only the language in black text on white is legally binding. This blue box and larger text is merely for clarity.