Defamation & Objectionable Material Policy:

Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and multiple court decisions interpreting the scope of the CDA, your use of our Website acknowledges and understands that we are a provider of an interactive computer service. As such, we cannot be held responsible for claims arising from the publication or transmission of third-party content, which includes content provided by our CMS’s and other third parties. We do not create such content, and we are not responsible for the publication of remarks or communications of third-parties that may be actionable under federal or state laws which may include the publication of material that may be considered defamatory or which may violate privacy or publicity rights. Federal law allows us to remove or block any content found to be offensive, defamatory, obscene or which may otherwise violate our policies, without impacting our status as the provider of an interactive computer service. In the event that any court determines that any third-party communication or third-party content on the Website falls outside of the realm of the immunity provided by Section 230 of the CDA, it will not be deemed to be a waiver of our rights provided by Section 230 for any and all other content posted on the Website. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the CDA and no third parties are intended to benefit from this Agreement with us. It is our policy to respond respectfully to any complaints about posted content.

If you feel damaged by any posted content, we will, at our option, take reasonable measures to comply with any reasonable requests, as set forth in this Agreement. You agree that if you have any complaint about any content on our Website, including a complaint or claim of defamation, invasion of privacy, false light, trademark infringement, right of publicity claims, or any related or similar tort (from which we are otherwise immune from liability), that you will provide notice by registered mail to:

Dark Cloud LLC

Attn: Dark Cloud Admin
24 W. Camelback #A-470
Phoenix, Az 85013

You further agree that we shall have fourteen (14) business days after receipt of your notice to evaluate your concerns. After evaluating your concerns, we will inform you that we do not believe your concern has merit or we will request your preference regarding an opportunity to remedy your concerns. This remedy may, in our sole discretion, include one of the following:

An offer to delete or modify the offending material or we may offer you the opportunity to publish a rebuttal to the offending material. We may also contact you to determine a possible alternative action even though we are not legally required to do so. We may also provide you identifying information we may have about the person or entity responsible for posting the objectionable content, but we are under no obligation to do so, and expressly reserve the right not to.

You acknowledge and agree that upon transmission of your complaint to us, you will be considered to have engaged in settlement discussions and neither party will initiate formal legal action while this non-adversarial resolution is in progress. You agree that no suit will be filed unless and until we issue a statement to you that we have taken our final action and that no further action will be taken without legal proceedings. At that point, you may proceed with arbitration as provided for under this Agreement. You also acknowledge that once you accept any of our offers of non-legal resolution, you irrevocably waive any and all possible claims for any allegedly offending material on our Website and that if you do bring any action against us that you hereby stipulate that you will bear your own costs and fees incurred in the action, regardless of the outcome of that action, and you stipulate that your damages will be limited to ten dollars ($10), and no more, and you hereby acknowledge that such amount of ten dollars ($10) is sufficient and adequate.

You understand that no part of this Agreement obligates us to go beyond that required by law, and this Agreement is in place for your convenience. If we believe that your requests are unreasonable, we reserve every right to terminate discussions with or file suit against you to recover any legal fees incurred due to harassing or unreasonable requests. Nothing contained in this section shall obligate us to undertake any specific action with regard to a given complaint and we reserve all rights relating to resolution of disputes of this nature.

Notice of Copyright Infringement claims:

We respect the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act ("DMCA"). If You believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide us with the following information:

  1.   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2.   A description of the copyrighted work or other intellectual property that you believe has been infringed;
  3.   A description of where the material that you believe is infringing is located on our website;
  4.   Your address, telephone number, and email address;
  5.   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
  6.   A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Send your Notice of Claimed Infringement by registered mail to:

Dark Cloud LLC

Attn: Dark Cloud Admin
24 W. Camelback #A-470
Phoenix, Az 85013

DMCA Notice and Removal Procedures:

We implement the following "notice and removal" procedure upon receipt of any notification of claimed copyright infringement:

We reserve the right at any time to disable access to or remove any material or activity accessible on or from the Website or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is our policy to terminate the account of repeat copyright infringers, as appropriate, and we will remove access to all material that infringes on another's copyright, according to the procedure set forth in the DMCA. Our DMCA Notice Procedures are set forth in the preceding section of this Agreement. If the notice does not comply with the DMCA, but does comply with three requirements for identifying the site that is infringing according to §512 of the DMCA, we will attempt to take reasonable steps to contact the complaining party to help that party comply with the notice requirements.

When we receive a valid notice, we will remove and/or disable access to the infringing material and will notify the affected user. Then, the affected user may submit a counter-notification to us containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After we receive the counter-notification, We will replace the material at issue within fourteen (14) days after receipt of the counter-notification unless we receive notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. We reserve the right to modify, alter or add to this policy.

DMCA Counter-Notification Procedures:

If the recipient of a Notice of Claimed Infringement ("Notice") feels that the Notice is erroneous or false and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined in the preceding section above, the recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the recipient will be liable for any misrepresentations which may cause any claims to be brought against us relating to the noted content.

To submit a counter-notification, please provide us with the following information:

  1.   A specific description of the material that was removed or disabled pursuant to the Notice.
  2.   A description of where the material was located within the Website before such material was removed and/or disabled.
  3.   A statement reflecting the recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:

"I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled."

The recipient's physical address, telephone number, and email address. Written notification containing the above information must be signed and sent by registered mail to:

Dark Cloud LLC

Attn: Dark Cloud Admin
24 W. Camelback #A-470
Phoenix, Az 85013

After receiving a DMCA-compliant counter-notification, we will then provide the counter-notification to the entity who first provided the Notice concerning material in the recipient's Content. Additionally, within fourteen (14) days of our receipt of the counter-notification, we will replace or cease disabling access to the disputed material provided that we have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material. We reserve the right to modify, alter or add to this policy.