Terms of Use

  1. WHO, WHAT, AND WHERE

    1. Big Kid Studios Pty Ltd (an Australian company) grants you a non-exclusive and revocable license (“Terms & Conditions”) to use and access the website playdarktimes.com (“Site”). In these Terms & Conditions, “us”, “we” and “our” refers to Big Kid Studios Pty Ltd and references to “you” and “your” is to you, the end user. These Terms & Conditions is made in accordance with the laws prevalent in New South Wales, Australia.

  2. WHAT YOU AGREE TO WHEN USING THIS SITE

    1. By accessing the Site you agree to be bound by these Terms & Conditions.

    2. If you do not agree with these Terms & Conditions you must immediately stop using the Site.

    3. We may change, update or otherwise amend the Site at our absolute discretion and without notice.

    4. We may use any information you provide to us to contact you regarding our products and services, and we may share this information with our affiliates and partners for this same purpose.

    5. You acknowledge and accept the Privacy Policy and any other terms or conditions found on the site.

  3. WHO CAN USE THIS SITE

    1. You are granted a non-exclusive, limited and revocable license to access the Site on the condition that:

      1. You only use the Site for lawful purposes;

      2. You do not engage in any improper, indecent or offensive behaviour;

      3. You are not breaking any local, state or federal law in your relevant jurisdiction by accessing this Site;

      4. You will treat the Site and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us); and

      5. You register as a User to use the Services.

  4. SITE AVAILABILITY

    1. By using this site you acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.

    2. We accept no responsibility for the unavailability of this Site, or any offers of Services found on the Site, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.

    3. We make no guarantees, implied or express, as to the ongoing availability of the Site or Services.

  5. INTELLECTUAL PROPERTY

    1. All content on the Site is the copyright and property of Big Kid Studios Pty Ltd. Without our express written permission, you shall not:

      1. Replicate all or part of the Site in anyway; or

      2. Incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.

    2. We have moral and registered rights in our trademarks (including and especially DARKTIMES) and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.

    3. You agree that by using the site you will not copy (in whole or part) the Site for your own commercial purposes.

    4. You agree and warrant that you will not solicit other user to join another competing site or in anyway to stop using the Site in preference of using another site offering comparable services, and you indemnify us for any loss or damage we suffer because of your breach of this warranty.

  6. THIRD-PARTY INFORMATION

    1. The Site may contain information from and about third-party businesses, people and websites (“Third-Parties”).

    2. You consent to receiving this information as part of your use of the Site.

    3. We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any information regarding Third Parties.

  7. LIMITATION OF LIABILITY & INDEMNITY

    1. You agree that you use the Site at your own risk.

    2. You acknowledge that we are not responsible for the conduct or activities of any user and that we are not liable for such under any circumstances.

    3. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of these Terms & Conditions.

    4. In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.

  8. PRIVACY POLICY

    1. You acknowledge and accept the Privacy Policy, which can be read here.

    2. You agree that you will not do anything that shall compromise our compliance with the Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Site is concerned.

    3. We may amend the Privacy Policy from time-to-time without notice and at our absolute discretion, and by continuing to use the Site you accept such changes.

  9. TERMINATION & CANCELLATION

    1. Either party may end the agreement formed by Terms & Conditions immediately by giving the other party written notice. It is not essential to provide reasons for the termination.

    2. Your use of the Site may be canceled at any time, for any reason, by us on a temporary or permanent basis by Supply Partners giving you written notice.

    3. Where these Terms & Conditions have been terminated you must immediately cease using the Site or Services.

  10. NOTICES

    1. You can direct notices, enquiries, complaints and so forth to: Big Kid Studios Pty Ltd info@playdarktimes.com We will notify you of a change of details from time-to-time.

    2. We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.

  11. GENERAL

    1. Nothing in these Terms & Conditions shall be deemed to form a relationship between us and you of joint venture, partnership, employment or other association in any way other than parties to these Terms & Conditions.

    2. Any provision of these Terms & Conditions, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms & Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.  The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms & Conditions, so far as is reasonably practicable.

    3. The parties agree that these Terms & Conditions shall be accepted electronically and the agreement to these Terms & Conditions is formed and validly entered into electronically.

    4. The termination of these Terms & Conditions does not affect the parties’ rights in respect of periods before the termination of these Terms & Conditions.