User Agreement

Last Modified on July 7, 2014

This is where we agree to how things work when you use Dark Horse Pros. If you don’t agree with all of our policies, including our Privacy Policy, you really should not, and aren’t allowed to, use this website. We’ve tried to be fair and straightforward. But, if you have questions, contact us at info@darkhorsepros.com or at 1535 E. Appalachian Rd., Flagstaff, AZ 86004, or at 928.266.0980.

Summary of Service

Dark Horse Pros is an online crowdfunding platform where certain users (“Campaign Owners”) can run fundraising campaigns (“Campaigns”) for purposes related to action and extreme sports. Campaign Owners offer tangible items or intangible services (“Rewards”) to other users (“Contributors”) that pledge money (“Contributions”).

  1. General Provisions

    1. Accepting the User Agreement

      The website, www.DarkHorsePros.com (“Site”), is operated by Dark Horse Pros Inc. (“Dark Horse Pros”, “Company”, “we”, or “our”). This User Agreement (“Agreement”) applies to the Site and all other activities, services, features, or resources (collectively, the “Service”) offered by the Company. A user (“User” or “you”) agrees to be bound by this Agreement, our Privacy Policy, and all applicable laws in their entirety by using this Site or our Service in any manner.

      If you do not agree with this Agreement or with our Privacy Policy and you have already created an account, you must terminate your account by sending a Termination Request to info@darkhorsepros.com, and then immediately discontinue use of the Site and our Services.

    2. Modifications to the User Agreement

      We reserve the right to modify this Agreement without notice, at any time, by posting the updated version at www.darkhorsepros.com/agreement. It is your responsibility to check this Site for any updates. Your continued use of our Site means that you agree to any revisions of this Agreement.

    3. Service Eligibility

      You must be age 18 or older (and at least of legal age in your jurisdiction) to use this Site and our Service. If you are between ages 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that they also agree to be bound by this Agreement and responsible for your use of the Service.

      By using the Service, you warrant and represent that you are of minimum age, as described above, and that all registration information you submit is accurate and truthful. We reserve the right to ask for proof of age and your account may be suspended until you provide satisfactory proof of age.

      We reserve the right to refuse use of the Service to anyone and to reject, interrupt, delete, or suspend a Campaign at any time for any reason without liability. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.

    4. Governing Law

      This Agreement will be governed by the laws of the United States of America and by the laws of the State of Arizona, without respect to its conflict of laws principles. Any disputes will be subject to the jurisdiction of the federal and state courts located in Coconino County in Arizona, as applicable, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

    5. Assignment

      This Agreement is personal to you and any rights and licenses granted may not be transferred, assigned, or delegated by you. However, the Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent or restriction.

    6. Indemnification

      You agree to indemnify and hold harmless the Company and its affiliates, employees, contractors, agents, partners, and representatives from any liabilities, claims, or expenses. This may include reasonable attorneys’ fees or other legal costs, made by any third party due to, or arising from, your use or misuse of, or access to, the Services and Content (as stated in section 2.4. Acceptable Use), or otherwise from your violation of this Agreement, or your violation of any rights of other persons or entities.

  2. Your Rights and Obligations

    1. Privacy

      For information about how the Company collects, uses, and shares your information, please read our Privacy Policy

    2. Account Registration

      You may browse and view the Site without registering, but as a condition of using certain aspects of our Services, you may be required to set up an account (“Account”) by registering your email address and selecting a password. You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration process for purposes that are appropriately related to use of this Site.

    3. Account Activity

      You are solely responsible for all activity that occurs on your Account and for maintaining the confidentiality of your password for the Site. You may never access or use another User Account without the other User’s express permission.

      If you believe there has been any unauthorized use of your Account, or any other known account-related security breach, immediately notify the Company in writing by submitting an Unauthorized Use Notice to info@darkhorsepros.com.

    4. Acceptable Use

      As a User, you agree to use the Service for only its intended purpose, and to not use it for anything prohibited by this Agreement or by law. You understand that you are responsible for all information, data, text, music, photographs, videos, images, audio clips, comments, tags, and other materials (“Content”), whether publicly posted or privately transmitted (collectively, “Submitted”), and all activity in connection with the Service. Therefore, you, or a permitted third party using your Account, may not take any action or Submit any Content that:

      • is false, misleading, or inaccurate, including impersonating any other person or entity;
      • could be construed as offensive, defamatory, or illegal, including, but not limited to: nudity or sexually explicit references, violence, excessive profanity, threats, abuse, harassment, invasion of another’s privacy, deception, or fraud;
      • infringes on any third party’s legal rights including, but not limited to: copyrights, trademarks, and/or rights of publicity and/or privacy;
      • violates our policies, or transmits illegal material through the Site or its servers;
      • tries to raise funds for illegal activities, to cause people or property harm, or to scam other Users;
      • could be construed as unsolicited, unauthorized, or “spam” to other Users;
      • interferes with or disrupts the proper working of the Site or the Service;
      • imposes or may impose, as determined by the Company, an unreasonable load on the Company’s infrastructure.

      We reserve the right to remove inappropriate Content and/or Campaigns, and to terminate your account according to section 7. Termination, for any such activites.

      If you believe there is Content on our Site that violates this Agreement, please inform our Company by submitting an Inappropriate Content Notice, including the web address location and the details regarding the Content, to info@darkhorsepros.com.

    5. Notices and Communication

      By using our Services, you consent to receive from the Company all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Notices”) electronically. If you do not wish to receive such Notices electronically, you must discontinue your use of our Services. Notices may also be provided by posting them on the Site, in which case an electronic Notice may not be necessary.

    6. Payment Terms

      1. Fees

        Creating a profile on the Site is free. However, when you use a service that does charge a fee, as listed at ???? , you will be able to accept or reject the fee before continuing. Any fee changes will be effective after being posted on our Site and will apply to Campaigns launched after the posting.

      2. Payment Processor

        Contributions are collected by Stripe, Inc. We are not responsible for the performance of Stripe, Inc. In addition, as a Campaign Owner or a Contributor, you agree to abide by Stripe’s Terms of Service and their Prohibited Businesses policy.

      3. Refunds

        Charged Contributions and any fees by the Company or by Stripe or otherwise associated with those charges and not refundable.

      4. Taxes

        You are solely responsible for any and all taxes associated with using the Service. We recommend meeting with a credible tax authority before running your Campaign to understand and prepare for any tax obligations you may incur from any funds raised.

        For your reference, according to Stripe: “If you make more than $20,000 and have more than 200 charges, the IRS requires that we [Stripe] file a 1099-K for your account and send a copy to you. We'll [Stripe will] deliver this by email to the owner of the account before January 31st. You can also opt to receive a paper copy in the mail.”

  3. Campaign Activities

    We reserve the right to withhold, remove, or discard any Content or suspend, cancel, or delete any Campaign available as part of your account, with or without notice, if deemed to be in violation of this Agreement. We have no obligation to store, maintain, or provide you a copy of any Content that you or other Users provide when using our Services.

    1. Campaign Guidelines

      A Campaign with Dark Horse Pros must be:

      • related to participation in an action or extreme sport;
      • limited to the current or upcoming season of your chosen sport;
      • not be related to anything illegal or include any prohibited item listed below; and
      • not give the funds to a charitable or non-profit organization.

    2. Prohibited Rewards

      • any form of ownership interest in a company or venture;
      • any form of financial incentive or service;
      • alcohol, tobacco, drugs, or any other controlled substance or paraphernalia;
      • weapons, replicas of weapons, ammunition, and related accessories;
      • any form of coupon, raffle, lottery or gambling; and
      • anything that could be construed as offensive, defamatory, or illegal.

    3. Campaign Participation

      By using our Service to create or contribute to a Campaign, you are offering other Users an opportunity to enter into a contract with you. Dark Horse Pros is not a party to that contract and all dealings are solely between Users. We may provide appropriate contact information to a Campaign Owner or a Contributor in the case of any reported dispute for resolution purposes only. As such, you agree to abide by and be bound by this entire Agreement, including:

      1. Campaign Owners

        • offering Rewards to Contributors in accordance with the Prohibited Rewards list;
        • fulfilling all commitments made in your Campaign, including but not limited to, delivering said Rewards;
        • responding promptly and truthfully to all questions posed to you by Dark Horse Pros and by Contributors;
        • working with Contributors to reach a mutually satisfactory resolution in the case of any disputes, including not being able to fulfill said Rewards (which may include refunding a Contribution);
        • complying with all applicable laws and regulations in your use of Contributions and delivery of Rewards;
        • being responsible for any taxes associated with running and/or receiving funds from your Campaign; and
        • maintaining the privacy of all Contributors and using personal information given by the Company for Reward fulfillment and appropriate Campaign-related activities and services specified in said Campaign only, such as sending thank-you’s, updates, or fulfilling Rewards.
      2. Contributors

        • asking questions and investigating Campaigns before making Contributions, as all Contributions are made voluntarily and at your sole discretion;
        • being responsible for any taxes associated with your Contribution or the receipt of a Reward;
        • providing accurate payment information at the time of offering a Contribution to a Campaign with the understanding that Stripe may reserve a charge on your card for any amount up to the full Contribution amount at any time until the collection of funds and that Contributions will only be collected at or after said Campaign reaches its goal and deadline;
        • agreeing to receive Campaign-related information from said Campaign Owners, as appropriate; and
        • communicating as necessary with the Campaign Owner to resolve any and all disputes, including but not limited to a Campaign Owner not being able to fulfill said Rewards.
  4. Our Rights and Obligations

    1. Service Availability

      For as long as the Company continues to offer its Services, we will provide, update, and always strive to improve and expand our Services. We may modify, replace, refuse access to, suspend or discontinue the Site, partially or entirely, for you or for all our Users at our sole discretion. All of these changes will be effective upon their posting on our Site. As a result, we allow you access to the Site as it exists. We grant you a limited, non-exclusive, non-transferable, revocable license to use our Service subject to your eligibility as stated in section 1.3 Service Eligibility, and your continued compliance with this Agreement. We have no other obligations or fiduciary duties, except as expressly stated in this Agreement.

    2. Limitation of Liability

      In no event will the Company be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused by, directly or indirectly, forces beyond its reasonable control. This includes, but is not limited to, accidents, acts of God, interruptions, loss or malfunctions of utilities, communications, or computer services.

      You agree that the Company is not liable for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity, loss of damages (indirect or consequential) incurred or suffered by you in connection with use of the Service.

      You agree that the Company’s entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the lesser of either: one hundred U.S. dollars ($100.00), or the amount you paid for such Services from which the cause of action arose. You agree that the Company will not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of its Services or for the cost of procurement of substitute services.

    3. Trademarks and Copyrights

      The name Dark Horse Pros, DHP, Seriously Committed to Serious Athletes, our logo, and all trademarks, names, logos, and service marks (collectively, “Trademarks”) used on this Site are unregistered Trademarks of Dark Horse Pros, Inc. None of these Trademarks are to be used in connection with other companies, businesses, products or services, or in any other way that misrepresents the Company.

      The written content on this Site is copyrighted and may not be reproduced in whole, or in part, without the express written permission of the Company.

    4. Cooperation with Authorities

      We will cooperate with all law enforcement authorities as required by law, including any requests made related to the investigation of alleged illegal activity regarding the use of our Service.

    5. Severability

      This Agreement and other referenced material are the entire agreement between you and the Company regarding the Site and our Service. If any provision of this Agreement are found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated without effect to the remaining provisions, which will remain in full force and effect. The Company’s failure to exercise any right or provision provided for by this Agreement will not be deemed a waiver of such right or provision, and will not constitute a waiver of any further rights hereunder.

  5. Disclaimer

    1. User Content and Rights

      All Content publicly posted or privately transmitted through the Site or our Service is the sole responsibility of the person from which that Content originated. The Company does not necessarily endorse Content submitted by Users, whether written, in videos, or in any other form, and is not responsible for the accuracy or reliability of such Content, including guaranteeing the identity of any other User. All Content is accessed at your own risk.

      You warrant and represent that submitted Content or your use in any way of any submitted Content does not infringe on the intellectual property, privacy, publicity, ownership, or any other legal or moral rights of any third party, or otherwise violate this Agreement or any applicable laws. As such, you maintain full rights, copyrights, and ownership of all Content submitted.

      By submitting Content, you grant the Company and our Users an irrevocable, non-exclusive, worldwide license to use, reproduce, modify, or distribute the Content on or in connection with the Service and our Company for any related marketing and promotional activities.

    2. Third Party Websites

      Our Site may contain links to third party websites that are not owned, operated, or controlled by the Company. When you access third party websites, you do so at your own risk and we encourage you to read the terms and privacy policies of any third-party website or service you access. Those other websites are not under the Company's control, and you acknowledge that the Company is also not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The Company is also not liable for any damage related to the use of any content, goods, or services available through any third party website or resource. Furthermore, the inclusion on another website of any link to our Site does not imply endorsement by or affiliation with the Company.

  6. Copyright Infringement

    In accordance with the Digital Millennium Copyright Act as stated in the U.S. Copyright Act, Title 17 of the United States Code, Section 512 (“DMCA”), we will in good faith disable access to or remove any material either on our Site, or accessible by or promoted by our Service, that you believe constitutes copyright infringement, pursuant to your proper notification to the Designated Agent as described below.

    1. Designated Agent

      Submit your copyright infringement notification or counter notification in writing to our DMCA designated agent (“Designated Agent”) by either mail or email to the following address:
      Mail: Copyright Agent, 1535 E. Appalachian Rd., Flagstaff, AZ 86004
      Email: clara@darkhorsepros.com; Subject line: Copyright Infringement Notification

    2. Infringement Notification

      Your copyright infringement notification must provide the following in writing to the Designated Agent to be valid (17 USC, §512(c)(3) ):

      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (“Complainant”);
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Dark Horse Pros to locate the material;
      • Information reasonably sufficient to permit Dark Horse Pros to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted;
      • A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      In accordance with 17 USC §512(g)(2)(A), upon receipt of an infringement notification by the Designated Agent, a copy of the notice will be forwarded to the User complained about, informing them that Dark Horse Pros will remove or disabled access to the material in question.

    3. Counter Notification

      If you believe that your Content has been disabled or removed by mistake or misidentification, you may file a counter notice to the Designated Agent. Your notice must provide the following in writing to be valid (17 USC §512(g)(3) ):

      • A physical or electronic signature of the owner or authorized user of the material in question (“Owner”);
      • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
      • A statement under penalty of perjury that the Owner has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
      • The Owner's name, address, and telephone number, and a statement that the Owner consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Owner's address is outside of the United States, for any judicial district in which Dark Horse Pros may be found, and that the Owner will accept service of process from the Complainant or an agent of such person.

      In accordance with 17 USC §512(g), upon receipt of a counter notice by the Designated Agent, a copy of the counter notice will be forwarded to the Complainant informing them that Dark Horse Pros will restore access to the disabled/removed Content in not less than 10, nor more than 14, business days following receipt of the counter notice, unless the Designated Agent first receives notice from the Complainant that they have filed an action seeking a court order to restrain the Owner from engaging in infringing activity relating to the Content in question on the Service.

    4. Misrepresentation

      Under the Copyright Act (17 USC §512(f) ), any person who knowingly materially misrepresents that either: material or activity is infringing; or material or activity was removed or disabled by mistake or misidentification; shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

  7. Termination

    Termination of an account may result in the forfeiture and destruction of all information associated with you. We may terminate your Account and your access to the Site, without notice, due to abuse or violation against this Site, this Agreement, or other Users. You may request to have your Account deleted by sending a Termination Request to info@darkhorsepros.com.

    We may retain account information after termination to comply with regulatory, accounting, and legal procedures. Any fees paid to the Company are non-refundable. The provisions of this Agreement that by their nature should survive termination will do so, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.