Terms of Service

1. Terms of Service

Access to, browsing, and use of Bright Wall/Dark Room’s apps (the “App”) and other Bright Wall/Dark Room Internet services (together with access to, browsing and use of the App, the “Service”) are subject to the following Terms of Service (these “Terms”). Please read these Terms carefully. Using the Service will signify that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and Bright Wall/Dark Room, LLC (“Bright Wall/Dark Room,”, “BWDR”, “we” or “us”). If you do not agree to these Terms, you may not use the Service. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF BRIGHT WALL/DARK ROOM. PLEASE READ THESE TERMS IN THEIR ENTIRETY.

2. Description of Service

The Service is operated by Bright Wall/Dark Room and published by 29th Street Publishing. The Service includes the App that provides you the capability to order, subscribe to, and receive digital content and products (collectively, the “Publications”).

3. Your Account

You agree to provide true, accurate, current, and complete information about yourself when you register with or order Publications from Bright Wall/Dark Room, and to maintain and promptly update that information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.

4. User Conduct

You may only use the Service for lawful purposes and in accordance with these Terms and the Bright Wall/Dark Room License Agreement. Bright Wall/Dark Room reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based upon any activity by a subscriber in violation of these Terms or applicable law.

5. International Users

The Service is controlled and operated by  Bright Wall/Dark Room from within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws that apply to you. You agree that you will not use the Service or any Publications accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws, restrictions or regulations.

6. Intellectual Property

All content included as part of the Service, such as text, graphics, logos, button icons, images, as well as the compilation thereof, and all software used on the App, is the property of Bright Wall/Dark Room or its third-party content providers and protected by United States and international laws, including without limitation copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Each third-party content provider owns the copyright on content original to it including, without limitation, on the Publications delivered or otherwise made available to you through the Service. Except as permitted by the Publication’s lawful owner, you acknowledge that you do not acquire any ownership rights by downloading Publications accessed through the Service. Except as explicitly required under copyright law or permitted by the features of the Service, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party the content of the App, the Publications, or any portion of them without the express permission of Bright Wall/Dark Room and the owner of such content. We do not grant you any licenses, express or implied, to the intellectual property of Bright Wall/Dark Room or our third-party content providers, except as expressly authorized by these Terms.

7. Modifications to Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Bright Wall/Dark Room shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Disclaimer of Warranties

THE SERVICE AND ALL PUBLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRIGHT WALL/DARK ROOM, ITS AFFILIATES, AUTHORS, PUBLISHERS, LICENSORS, AND AGENTS EXPRESSLY DISCLAIM 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. WITHOUT LIMITING THE FOREGOING, NEITHER BRIGHT WALL/DARK ROOM NOR ITS AFFILIATES, AUTHORS, PUBLISHERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, © THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINED IN THE PUBLICATIONS WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PUBLICATIONS OR THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. BRIGHT WALL/DARK ROOM IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 BRIGHT WALL/DARK ROOM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BRIGHT WALL/DARK ROOM NOR ITS AFFILIATES, AUTHORS, PUBLISHERS, LICENSORS OR AGENTS, SHALL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BRIGHT WALL/DARK ROOM FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR PUBLICATIONS OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO BRIGHT WALL/DARK ROOM FOR THE PORTION OF THE SERVICE OR PUBLICATION GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify and hold harmless Bright Wall/Dark Room, its licensors, suppliers and any third-party content providers and their respective directors, officers, employees, and agents from and against all claims, losses, expenses, damages, and costs, including attorney’s fees, arising out of or resulting from (a) your use of the Service or the Publications, (b) your violation of these Terms, or © any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service or the Publications using your account.

11. Termination

Bright Wall/Dark Room may, in its sole discretion and without liability, terminate your use of the Service for any reason, including, without limitation, if Bright Wall/Dark Room believes that you have violated or acted inconsistently with these Terms. Any termination of your access to the Service may be effected without prior notice, and Bright Wall/Dark Room may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. 

12. Privacy Policy

This Privacy Policy (this “Policy”) explains Bright Wall/Dark Room’s use of information that we collect when you are using the Service. By using the Service, you are expressly consenting to the practices described in this Policy. This Policy does not apply to the practices of any person or entity other than Bright Wall/Dark Room, including operators of services you may visit before or after visiting the App and the owners or publishers of the publications, content, and products (collectively the “Publications”) you purchase, download or otherwise access through the Service.

(a) Information We Collect

Information collected online can generally be categorized as either non-personal information or personally identifiable information. Non-personal information is information that cannot by itself be traced back to a specific individual.  Personally identifiable information is information you provide to us that is uniquely associated with you, such as your name, telephone number, address, tax information (such as a Social Security Number), credit card or electronic-payment system information, and email address (collectively, “Personally Identifiable Information”). The information (including Personally identifiable information) that we collect and store includes (a) information you enter on the App or give us in any other way, (b) information you provide us when you register for the Service, © billing and other information we collect when you purchase Publications through the Service, (d) additional information we collect at various times such as when you provide feedback, change your email preferences, respond to a survey, or communicate with Bright Wall/Dark Room via email, and (e) information collected automatically when you use the Service such as your IP address, the name and ID of your computer, mobile device, and other devices, your operating system, browser type and version, CPU speed, connection speed, and location information based on your IP address and as derived from GPS or similar features on your mobile device and other devices.

(b) How We Use the Information We Collect

We store your Personally Identifiable Information but do not provide it to any third parties. We use this information to provide the Service including sending you notifications and responding to customer support requests.

We will not disclose, sell, or exchange Personally Identifiable Information to or with anyone, without your approval, unless we believe disclosure is reasonably necessary to: comply with the law or legal process; protect or defend our rights or property, or the rights or property of others; enforce these Terms; or respond to claims that the content of any material on our system violates the rights of others. 

External services beyond Bright Wall/Dark Room’s control are integrated with Bright Wall/Dark Room where necessary, such as Google Analytics for traffic measurement and tracking. Bright Wall/Dark Room makes reasonable efforts to ensure that all integrated external services are trustworthy and reputable, but we cannot be held responsible for data collection and usage by such services.

13. Children

If you are under the age of 13, please do not attempt to register with the App or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of 13, please contact us.

14. Pricing and Tax

All pricing and tax on the App will be governed by Apple’s iTunes Terms and Conditions.

15. Notification of Changes

From time to time, Bright Wall/Dark Room may revise these Terms to keep them up to date with Bright Wall/Dark Room’s products and services. Please refer to the App periodically for any changes. The update date first written above is used to alert you to recent modifications. Your continued use of the Service subsequent to any such update will signify your assent to be bound by such changes.

16. Refund Policy

Your satisfaction is very important to us. However, in accordance with Apple’s iTunes Terms and Conditions, all sales are final and no refunds for purchases may will be issued to your iTunes account.

17. How to Contact Us

Should you have other questions or concerns about the Terms of Service or these privacy policies, please feel free to email us at editors@brightwalldarkroom.com. We will do our best to respond in a timely fashion.