Terms of Use: dartthornton.com
This Website is managed and maintained by Imagarium, Inc.

Terms of Use (Terms)
Last updated: 1st March 2024

Please read these Terms of Use before using the http://www.dartthornton.com website (“Service”) operated by Imagarium Inc.
Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.

Restrictions on Use

This Website comprises its visible and audible contents and other services and applications. By accessing or using this Website, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. Imagarium reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time, without notice.

Privacy Policy

Please read the Privacy Policy, which governs our gathering and use of
information about you, located at www.dartthornton.com/privacypolicy. The
Privacy Policy is part of the Terms of Use and by accepting these Terms of Use, you accept our Privacy Policy.

Ownership of Copyright

This Website contains material that is owned or licensed by Imagarium. Except when Imagarium gives explicit authorization, or as otherwise permitted under law, no material from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way, except for the following: provided that you retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use. For any other use, please contact us first for permission.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Imagarium. Imagarium has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Imagarium shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Improper Use of this Website

At no time will you upload any virus, Trojan horse, worm, back door, time bomb, drop-dead device or any other software routines or hardware components designed to: (a) disable, erase, or otherwise harm software, hardware, data, text or any other information stored in electronic form; (b) cause any of the foregoing with the passage of time; or (c) place a program or hardware under the positive control of a person or entity other than an owner or licensee of the program or hardware. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of it. You may not attempt to gain unauthorized access to this Website, to accounts other than your own, or to computer systems or networks connected to this Website, through hacking, use of third party passwords, or
any other unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.

Exclusion of Liability

Your use of this website is at your sole risk. This website is provided on an “as is” and “as available” basis. Imagarium expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Imagarium makes no warranty that (i) this website will meet your requirements, (ii) this website will be uninterrupted, timely, secure, or error-free or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes, (iii) the results that may be obtained from the use of this website will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through this website will meet your expectations.
Your downloading any material from or through this website is at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or through imagarium shall create any warranty not expressly stated in the terms of use. You understand and agree expressly that imagarium shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if imagarium has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use this website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (iii) unauthorized access to or alteration content you upload; (iv) statements or conduct of any third party on this website; or (v) any other matter relating to this website.

Indemnity

You agree to defend, indemnify and hold Imagarium and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of this Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users. Imagarium shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Termination

Imagarium may terminate or suspend access to this Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous Provisions

These Terms of Use, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and Imagarium as to your use of this Website, superseding all prior or contemporaneous communications and/or proposals. The Terms of Use and the relationship between you and Imagarium shall be governed by the laws of the State of Victoria and Australia without regard to any conflict of law provisions. No failure or delay by a party in exercising any right, power or
privilege under the Terms of Use shall operate as a waiver thereof. Each of these Terms of Use is severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Locations Outside Australia

Imagarium makes no representation that the contents of this Website, including without limitation, its Privacy Policy, and any transactions offered, are appropriate or authorized in locations other than Australia. Those who choose to access this Website from locations outside Australia do so at their own risk and are responsible for compliance with all applicable laws.