Terms of Service
Terms of Use
Effective Date: 19 December 2024
Last Updated: 19 December 2024
Welcome to www.darkharbormagazine.com (the “Website”), operated and maintained by Dark Harbor Magazine (“we,” “us,” or “our”). Dark Harbor Magazine is a horror literary magazine dedicated to delivering unsettling, thought-provoking content aimed at mature audiences 18 years of age and older. These Terms of Use (“Terms”) govern your access to and use of our Website, including any and all content, features, services, or subscription offerings provided through it.
By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy. If you do not accept these Terms, you may not access or use the Website. If you have any questions, please contact us at contact@darkharbormagazine.com.
1. Acceptance of Terms
1.1 Scope of Agreement:
These Terms constitute a legally binding agreement between you and Dark Harbor Magazine. They apply to all visitors, readers, and subscribers, whether you are accessing the Website to browse free content or have opted to become a paid subscriber. By using the Website, you represent and warrant that you are at least 17 years old and legally capable of entering into this agreement under the laws of North Carolina.
1.2 Modifications to the Website:
We reserve the right to modify, suspend, or discontinue any aspect of the Website, including the availability of certain features or content, at any time without notice. We will not be liable to you or any third party for any such modifications.
1.3 Acceptance Through Use:
Your continued access to or use of the Website after changes to these Terms or to the Website itself have been posted will constitute your acceptance of any new or updated Terms. If you do not agree to such changes, you must discontinue your use of the Website.
2. User Obligations
2.1 Lawful Use Only:
You agree to use the Website solely for lawful purposes and in compliance with all applicable local, state, and federal laws and regulations. You shall not use the Website to infringe upon the rights of others, including their privacy and intellectual property rights.
2.2 Prohibited Activities:
You are expressly prohibited from engaging in the following activities:
- Illegal Conduct: Using the Website for any illegal purpose, including the promotion or facilitation of unlawful activities.
- Harassment and Abuse: Harassing, threatening, or otherwise interfering with other users’ enjoyment of the Website, including posting offensive, hateful, or misleading content in any comment sections or interactive features.
- Spamming and Unauthorized Communications: Sending unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Security Violations: Attempting to gain unauthorized access to the Website, its servers, or related systems; introducing viruses, malware, or other harmful code.
- Reverse Engineering or Scraping: Reverse engineering, decompiling, or otherwise attempting to extract the source code of the Website; using automated tools or data mining techniques to access, monitor, or copy Website content without our prior written consent.
2.3 Responsibility for User Actions:
You are responsible for any activities conducted under your account or subscription, including all content you submit, post, or share. You agree to promptly notify us of any unauthorized use of your account or any breach of security.
3. Intellectual Property
3.1 Ownership of Content:
The Website, including its design, layout, logos, graphics, trade names, trademarks, service marks, and other brand identifiers, is the exclusive property of Dark Harbor Magazine and/or its licensors. All rights not expressly granted to you in these Terms are reserved by us.
3.2 Copyright of Literary Works:
All literary works (e.g., short stories, articles, serialized fiction, essays) published on the Website are owned by their respective authors. Dark Harbor Magazine publishes these works under license from the authors. Unless otherwise noted, authors retain full copyright over their individual stories. You do not obtain any ownership rights or license to use these works beyond viewing them on the Website for personal, non-commercial enjoyment.
3.3 Limited License for Personal Use:
You may access and read the content available on the Website for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, or publicly display any content (including literary works, images, or designs) without obtaining prior written permission from the copyright holder. Unauthorized use of copyrighted materials may subject you to civil and/or criminal liability.
4. Limitation of Liability
4.1 No Guarantees or Warranties:
The Website and all its content are provided on an “as-is” and “as-available” basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement. Dark Harbor Magazine does not guarantee that the Website will be error-free, secure, or uninterrupted, or that any defects will be corrected.
4.2 User Reliance on Content:
The content available on the Website, including literary works and editorial commentary, is for entertainment and informational purposes only. You acknowledge that horror-themed material may be unsettling or disturbing to some audiences. You are responsible for exercising your own judgment when choosing to read the content. Dark Harbor Magazine is not liable for any emotional distress, dissatisfaction, or harm resulting from your exposure to the Website’s content.
4.3 Limitation of Liability:
To the fullest extent permitted by law, Dark Harbor Magazine and its affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of (or inability to use) the Website, even if advised of the possibility of such damages.
5. Subscription Terms
5.1 Free Access and Paid Tiers:
Dark Harbor Magazine offers free access to a substantial portion of its content. In addition, we may provide optional paid subscription tiers that grant access to exclusive benefits, early releases, bonus stories, or other premium features (“Paid Subscriptions”).
5.2 Payment Processing and Billing:
All payments for Paid Subscriptions are processed securely through a trusted third-party payment processor. We do not store your full payment details on our servers. By subscribing, you agree to pay the applicable subscription fees as outlined at the time of purchase. Subscription fees are typically charged on a recurring basis until canceled, as specified on the subscription page.
5.3 Refunds and Cancellations:
If you decide to cancel your Paid Subscription, you may do so at any time. Your cancellation will take effect at the end of the current billing cycle, and you will retain access to your subscription benefits through that period. Unless required by applicable law, subscription fees are non-refundable. In special circumstances where a refund may be considered (e.g., accidental overcharge, technical issue preventing access), you may contact us at [Insert Contact Email], and we will review your request on a case-by-case basis.
5.4 Changes to Subscription Offerings:
We reserve the right to modify the scope, features, and pricing of our Paid Subscription offerings at any time. We will provide current subscribers with reasonable notice of material changes, and such changes will typically take effect at the start of the subscriber’s next billing cycle.
6. Governing Law
These Terms, their interpretation, and any disputes arising out of or relating to them are governed by the laws of the State of North Carolina, without regard to its conflict of law principles. You agree that any legal action or proceeding arising from or related to these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in North Carolina. By using the Website, you consent to the personal jurisdiction and venue of these courts.
7. Updates to Terms
7.1 Right to Modify Terms:
We reserve the right to revise these Terms at any time to reflect changes in our practices, technology, business requirements, or applicable law. Any updates will be posted on this page with a new “Last Updated” date. We encourage you to review these Terms regularly to stay informed about your rights and obligations.
7.2 Notification of Changes:
If we make material changes to these Terms, we will provide reasonable notice, which may include prominent posting of the updated Terms on our Website, sending an email to subscribers, or presenting a notice upon your next login. Your continued use of the Website following the posting of revised Terms signifies your acceptance of the updated agreement.
Contact Information:
If you have any questions, concerns, or need clarification regarding these Terms, please reach out to us at:
Dark Harbor Magazine
1480 Concord Pkwy North, Suite 350, Concord, NC 28025
Email: contact@darkharbormagazine.com
Thank you for reading and abiding by these Terms of Use. We hope you enjoy the horror literary content available on Dark Harbor Magazine.