Definitions
For these Terms, capitalized words, whether used in the singular or plural form, shall have the following meanings:
- “Bruno Lauris and darkfolklore.com/We, Us and Our”: shall refer to Bruno Lauris solely/together with darkfolklore.com.
- “Application(s)”: shall refer to websites, software, tools, mobile games, computer games and games accessible online, published by Bruno Lauris and/or his partners as well as any accessory software that would be required, for example, to download an Application, an update of the Application, an upgrade of the Application, its code (in whole or in part), the component files, the images associated or generated and the associated data;
- “Account”: shall refer to a User’s sole Account accessible with authentication information transmitted by darkfolklore.com (if applicable from an Application and therefore through a Partner) allowing the User to access and benefit from the Services;
- “Content”: shall refer to the Content of any nature (including text, visual, photographic data, forum, username, avatar, etc.) of a User and posted on Our website and/or Application(s) in connection with the Services by the User under the User’s responsibility;
- “Service(s)”: shall refer to the functionalities and Services as described on the website and/or one or more Applications, made available to You and accessible from the website and/or one or more Applications from an Account;
- “User/You”: shall refer to any natural person of legal majority and capable of, or with parental authorization to do so, creating an Account without being subject to any legal, regulatory, or contractual prohibition and/or restriction preventing him from posting Content and having complied, where applicable, with all legal, regulatory, and contractual formalities to use the Services.
Contact Information
Questions about these Terms should be sent by using our Privacy Center or by sending us an email to [email protected] or [email protected].
Purpose of the Terms and Conditions
The purposes of these Terms and Conditions (furthermore – “Terms”) are to define the terms and conditions of use for Our website www.darkfolklore.com (furthermore – “darkfolklore.com” or “website”, or “our website”) and all its corresponding applications, products, services, and tools that are operated by Bruno Lauris.
The following are but some, but not all of the elements that Our Terms are concerned with:
- Details of website owner/company including contact options;
- Any permitted and prohibited uses of website content;
- Registration requirements;
- Any necessary fees which need to be paid to use the website;
- If links are provided to other websites, there should be a disclaimer of liability for Content on any linked sites;
- If a website allows User comments or enables any forms of user-generated content, it’s important to request that users do not post anything illegal or which could be considered defamatory or abusive;
- Website and Content availability
- Reference to any privacy or cookies policies, preferably together with links
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1. Scope, Acceptance, and Updates
2. Protection of Minors
If You are a minor and You wish to access Our website and make full use of all or part of the website and/or the Services and/or Applications, You must read and acknowledge the Terms with the help of your parents or legal guardians and obtain their consent to use the Services.
However, We recommend that parents or legal guardians monitor the activities of their children or the children for whom they are responsible when using the Services.
We recommend that You be vigilant in ensuring that your children, or the children for whom You are responsible, never disclose their Data without Your consent.
Please note that We are not allowed to request more personal information than necessary.
We reserve the right to restrict or prohibit access to the Services to minors who have not reached the minimum age required by local legislation (e.g., 18 years old in Latvia) if Your prior consent has not been given. It is understood that minors may be prohibited from using certain Services if they do not meet the age requirements defined by the rating agencies.
Parents or legal guardians may close the minor’s Account on Our website at any time by sending an electronic request to the administrator by using Our Privacy Center.
Notwithstanding the foregoing, the use of Our Services must be made under parental supervision, and any use of the Services by minors shall be deemed to have been validated beforehand by their parents or legal guardians.
Unless otherwise provided by law, We disclaim any liability for the use of the Services by minors without the consent of their parents or legal guardians.
3. Terms of Subscriptions
4. User Comments, Feedback, and Other Submissions
If at Our request, You send specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to us. We are and shall be under no obligation:
- To maintain any comments in confidence;
- (To pay compensation for any comments; or
- (To respond to any comments.
We may, but have no obligation to, monitor, edit or remove Content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
5. Donations
We accept donations to support the goals and Content of Our website by setting up monthly recurring donations.
We will use your donation at Our discretion but within Our stated objectives for each donation level.
You can donate to Us only if You are at least 18 years old or as a minor, You have received permission from Our parent or legal guardian.
You agree that these Terms will apply to each of the donations in that series.
We do not process the payments of donations. Payments will be processed by a third-party payment processor (for example, Stripe). We do not control or guarantee payments or payment timelines. We may block or restrict your donations at the payment processor’s request.
When You begin the donation process:
You will have to create an Account on Our website (if You have not done so already);
Your transaction will be processed through Our payment processor,
By confirming that You wish to proceed with your donation, You authorize Our payment processor to request funds each month from your credit or debit card provider. All payments through the website are to be made by payment card.
We may add or switch payment processors at any time. You agree to transfer your payment Account and underlying funds to any other payment processors designated by Us to finish the donation process.
Fees: Our payment processor asks for a modest fee to process the donations. All fees are non-refundable and include value-added tax or similar taxes (“VAT”). The payment processor may charge other types of fees, as described in the payment processor’s terms.
We do not provide tax advice.
If You become aware of fraudulent use of your card, or if it is lost or stolen, You must notify your card provider.
You agree to provide Us with any information We may request in connection to the donation processing. For example,
- Your name, address and email address; and
- Details of the credit or debit card that You wish to use to fund the donation. We will use this information to process your donation. It is your responsibility to ensure You have provided Us with the correct information.
When You submit your payment details, they will be transferred to Our payment processors. Your payment data will be collected and processed securely by them. You should make sure that You are aware of Our payment processor’s terms, which are different from Our own, to ensure that You are comfortable with how they will process your data before You donate.
We will not share your details with any other third party other than as set out in Our Privacy Policy. Our Privacy Policy forms part of these Terms. By agreeing to these Terms, You are also agreeing to the way We use and protect your personal information in line with Our Privacy and Cookie Policy.
Each donation tier contains certain benefits, acquired after donating as a thank You from Us to you. These benefits will only be available as long as You continue donating to Us the sum stated on your chosen donation tier.
If You make an error in your donation, please contact Us by using Our Privacy Center.
6. Use of Services
7. Intellectual Property Rights
We hold the intellectual property rights both to the general structure of Our website and the Applications and to their Content (texts, slogans, graphics, images, videos, photos, programs, and other content), except for any Content that We don`t have the property rights for (for example, Content that We use on Our website based on Free Use).
Consequently, any representation, reproduction, modification, distortion, and/or total or partial exploitation of Our website and/or the Applications and/or the Services, by any process whatsoever and on any medium whatsoever, without the express prior authorization of us, is prohibited and shall be deemed to be copyright infringement.
8. Termination of the Account
9. Advertising and Product Placement
The Services, Applications, and Our website, and where applicable to the content, may contain hyperlinks to other websites that are not owned by us. We have no control over the content, the specific conditions of each third-party offer, the terms and conditions of sale or use, content, privacy policies or practices of third-party websites, and shall not be held liable in this respect.
You acknowledge and agree that We shall not be held liable for the availability of these external websites and sources and do not support any advertising, products, or other links or data on or accessible from such websites or external resources.
You acknowledge and agree that We shall not be held liable for any loss or damage You may suffer as a result of the existence of such websites or external resources or your reliance on the completeness, accuracy, or existence of any advertising, products, or other data on or accessible from such websites or external resources.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If in your opinion, an offer from a referenced third-party contains illegal or inappropriate content, You can inform Us by using the Privacy Center.
10. Return Policy
Unless stated otherwise in these Terms or a contract or a Service description, the following return terms are applicable:
Cancellation of order: You may cancel your order without giving us any reasons if the product(s) have not been shipped to you. You can cancel your order by contacting us through the Privacy Center. You can cancel your order before we ship the goods to you.
Withdrawal. You have the statutory right of withdrawal from all physical purchases you make at our store within 14 days from the receipt of your order without giving us any reason. To exercise your withdrawal rights, you should contact us through the Privacy Center before sending the product back. Thus, we can provide instructions on how to do so on a case-to-case basis.
Once we receive the product(s), we will provide you with a refund within 14 days. We will also refund the standard cost of delivery of your order to you. However, you will have to cover the direct costs of returning the product(s) on your own.
Please note that if you return the product(s) that have been used, worn (except to try on), or washed, you may be liable for the diminished value of the returned product(s).
You will not be able to exercise your withdrawal rights if:
- You have expressly agreed to the immediate delivery of a product not supplied on a tangible medium, and you have acknowledged that you would lose the right to withdraw from the contract, or
- You purchased sealed product(s) that are not suitable for return due to health protection or hygiene reasons (e.g. underwear) and if they were unsealed after delivery.
If for some reason, you are not happy with your order, you may return it within 14 days from the day it was delivered.
Keep in mind that returned products must be in undamaged condition – if something has been damaged, you may not get your money back.
Returns. You should check the product(s) that are delivered to you carefully to confirm that they are not defective and that they conform to your order. You have the right to return the product(s) if they are defective or they do not conform to your order.
Please contact us if you wish to return the product(s) that you consider defective. Once we confirm that you are entitled to return the product(s), we will offer you either a refund, repair, or replacement according to any statutory rights you may have. You acknowledge that you will not be entitled to a refund if the product(s) were damaged due to improper use of the products or your negligence.
11. Liability, Warranty, and Compensation
12. Absence of Waiver
You acknowledge that if We do not exercise or enforce any right or remedy provisions provided in these Terms (or available to Us under any applicable law), this does not constitute a formal waiver of Our rights, and such rights and remedies shall remain valid and enforceable for us.
13. Indemnification
You agree to indemnify, defend and hold Us harmless and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14. Dispute Resolution
These Terms and any policies or operating rules posted by Us on this site or in respect to the Services constitutes the entire agreement and understanding between You and Us and govern your use of the Services and/or Our website, and/or Applications, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms shall be executed and interpreted following Latvian law.
In the event of any dispute in connection with these Terms, their interpretation, and their consequences, or with the acts supplementing or modifying them, the User will contact Us to try to reach an amicable solution. Complaints must be submitted in written form.
If a cordial agreement is not reached, the User may choose:
- To resort to an amicable mediation solution within a maximum period of one (1) year from the date of your written complaint to us:
- Either by referring the matter to a mediator to reach an amicable settlement of the dispute. To this end, the dispute will be submitted to mediation following the mediation laws of Latvia,
- Or by using the online dispute resolution system available at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, bearing in mind that the proposed mediation process cannot be a prerequisite for a referral to the competent courts by You.
- To bring its claim before the competent Latvian courts.
15. Severability or Partial Invalidity
If any of these Terms are found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deleted from these Terms without affecting the other Terms. The remaining terms shall remain valid and applicable.