Terms & Conditions

MODIFICATION OF THESE TERMS OF USE

Undark reserves the right to change the terms and conditions under which the Undark website is offered.

LINKS TO THIRD PARTY SITES

The Undark website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Undark and Undark is not responsible for the contents of any Linked Site, including without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. Undark is not responsible for webcasting or any other form of transmission received from any Linked Site. Undark is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Undark of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Undark website, you warrant to Undark that you will not use the Undark website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Undark website in any manner which could damage, disable, overburden, or impair the Undark website or interfere with any other party’s use or enjoyment of the website. You may not obtain or attempt to obtain any materials not intentionally made available or provided on the website.

USE OF COMMUNICATION SERVICES

The Undark website may contain forums, comment areas, and/or other message or communication facilities designed to enable you to communicate with the public at large or with other users of the Undark website (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Undark has no obligation to monitor the Communication Services. However, Undark reserves the right to review materials prior to their posting, or after, to a Communication Service and to remove any materials in its sole discretion. Undark reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Undark reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Undark’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children to or through a Communication Service. Undark does not control or endorse the content, messages or information found in any Communication Service and, therefore, Undark specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Undark spokespersons, and their views do not necessarily reflect those of Undark.

MATERIALS PROVIDED TO Undark

Any materials you provide to Undark (including feedback and suggestions) or post, upload, input or submit to the Undark website (collectively “Submissions”) shall be and remain the property of Undark and its affiliates. Undark is under no obligation to pay for or respond to Submissions provided by users.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

REVISIONS

Undark or its service provider may from time to time, make revisions to its website, and reserves the right to do so without recourse from any user.

LIABILITY DISCLAIMER

THE CONTENTS OF THE UNDARK WEBSITE ARE PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND OR NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU USE UNDARK’S WEBSITE AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITY. NEITHER UNDARK NOR ITS AFFILIATES SHALL BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE UNDARK WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE UNDARK WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE UNDARK WEBSITE.

SERVICE CONTACT

[email protected]

TERMINATION/ACCESS RESTRICTION

Undark reserves the right, in its sole discretion, to terminate your access to the Undark website and the related services or any portion thereof at any time, without notice.

GENERAL

This agreement shall be construed in accordance with the laws of the state of Massachusetts without regard to any conflict of law provision. Any dispute arising under this agreement or relating to the use of the Undark website shall be subject to the exclusive jurisdiction of any state or federal court located in Middlesex County, Massachusetts. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Undark with respect to the Undark website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Undark with respect to the Undark website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CONTENT

All of the content on Undark’s website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned or controlled by Undark and/or MIT and/or its contributors. You may not copy, reproduce, publish transmit, or otherwise use any copyrighted or trademarked materials present on this website without the express, written consent of Undark and/or MIT. Undark and/or MIT shall retain all rights in and to its copyrights, trademarks, trade names, brand names, and trade dress depicted on this site. All trademarks are the property of their respective owners, used herein with permission.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

Undark respects the intellectual property rights of others, and asks you to do the same. Undark has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Digital Millennium Copyright Act. If you believe that your work has been posted on our website in a way that infringes your copyright or other intellectual property rights, please contact us at [email protected] and provide the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the website where the material that you claim is infringing is located;

(3) your address, telephone number, and email address;

(4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please keep in mind that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.