Conditions of Use

Terms and Conditions of Use

By using our website you agree to the following information. If you do not agree with any of the following, you should not use this site. www.darkcandles.com is a website owned by Dark Candles, LLC. All information and services provided through this Web Site are subject to the terms and conditions located herein.

Trademarks, Copyright, etc. The material included within the website www.darkcandles.com (including without limitation, all text, photographs, images, logos, artwork, content, icons, graphics, and site design) are the exclusive property of Dark Candles, LLC and are protected by intellectual property laws including copyright, trademark, and trade dress. You may not publish, distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or service marks, or use any meta tags or any other "hidden text" utilizing any such trademarks, trade names or service marks, without the express prior written permission of Dark Candles, LLC. You agree not to use any material from our Web Site for any commercial or competitive purposes or for any other purposes which may be harmful or detrimental to Dark Candles, LLC, its business, or reputation.

Dark Candles, LLC has all rights to its trademarks and all other intellectual property, and the scent names of our products, as indicated, which are registered and/or common law trademarks of Dark Candles in the United States and in other countries. These trademarks, together with all associated service marks, slogans and other Dark Candles logos, product names, and graphics, are included within the intellectual property of Dark Candles. Dark Candles' trademarks and intellectual property may not be used by anyone whatsoever without our express written permission and, may not be used in connection with any product or service or in any manner that is likely to or may dilute the strength of our trademark, disparage or discredit Dark Candles or its products and services, or cause confusion among consumers. Any trademarks that are located on our site and are not owned by Dark Candles, LLC are the intellectual property of their respective owners.

Dark Candles reserves the right to amend these Terms of Use without notice to you from time to time. If Dark Candles decides to change these Terms of Use the changes will be posted here. We encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Site.

Products and Prices The price and availability of any products contained or referenced on this Web Site may be changed at any time and without notice. Dark Candles is not responsible to sell product that has been mistakenly represented due to any typographical or copy errors, even those relating to the price or size of an item.

All prices displayed on Dark Candles' web site apply only to the products and services available on this Web Site and do not reflect the prices of our products sold through any affiliated retailers or other websites that sell our products. Prices are always subject to availability. Dark Candles has the right to limit the quantity of any item sold, and to refuse any order for any reason. The receipt of an e-mail confirmation of your order is an confirmation that we did receive your order and does not represent an offer to sell. All orders are pending until they are shipped.

Communications
Dark Candles is free to use any ideas, concepts, or techniques you send to the Web site for any purpose whatsoever including, developing, manufacturing and marketing products using said information.

Applicable Law
This Web Site is created, controlled and maintained by Dark Candles in the State of Texas. Dark Candles makes no statements as to the compliance of our Web Site with any applicable law. If you access the Web Site from outside of the United States, you understand that you are viewing our website at your own risk and are responsible for compliance with all applicable laws in your area.

By using this Web Site, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of Texas and agree that it shall serve as the sole and exclusive venue for any disputes relating to this Web Site. Any claim or cause of action brought by you with respect to matters related to the Web Site, including these terms and conditions, must be brought in a state or federal court located in the State of Texas. If any part of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other terms and conditions contained herein shall remain in effect.

Disclaimer of Liability
NEITHER DARK CANDLES, NOR ANY OF ITS EMPLOYEES SHALL BE HELD LIABLE TO ANY ONE FOR ANY DIRECT OR INDIRECT DAMAGES, OR ANY OTHER DAMAGES, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEB SITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF DARK CANDLES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Rules For Online Conduct
By using our website, you agree that you will not attempt to undermine the integrity of this web site.

Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.