Terms Of Service

Dinos After Dark 2

Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the services provided through the mobile application, Dinos After Dark, and the website located at www.dinosafterdark2.com (collectively the “Application”) and any materials, services, information, and data hosted or transmitted via the Application, including all Content and Member Content, as defined below, (collectively, “Services”) as provided by Dinosaurs Don’t Die In The Future, LLC (“us”, “our”, or “we”). The Application may be hosted and sold by a third party (“Distributor”), but these Terms are solely between you, the user, and Dinosaurs Don’t Die In The Future, LLC. Your access to and use of the Application and Content are conditioned on your acceptance of and compliance with these Terms of Use (“Terms”). Please read these Terms carefully.

  1. Terms.
    1. By accessing or using the Application you agree to be bound by these Terms. You will use the Application in a manner consistent with applicable laws and regulations and in accordance with these Terms. If you are dissatisfied with the Application, Services, or these Terms, you agree that your sole and exclusive remedy is to discontinue your use of the Application. If you are under twenty-one (21) years of age, you are prohibited from using and/or downloading the Application.

    1. You acknowledge and accept that your use of the Application is at your sole risk. You represent you have the legal capacity and authority to accept these Terms and you understand that some of these Terms may not apply to you but all the Terms are nonetheless binding. As the rightful owner of the Application, we reserve the right to change or terminate these Terms at any time and from time to time without any notice to you. Any such changes are automatically made part of these Terms and are fully enforceable on you.

  2. License. We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application solely for your personal, non-commercial purposes strictly in accordance with these Terms, and on such devices owned and controlled by you.
  • Ownership. The Application and associated Content, as defined below, is the owned or appropriately licensed property of Dinosaurs Don’t Die In The Future, LLC. The Content is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered. We reserve all applicable rights in and to the Application and Content. Systematic retrieval of data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, recreation, database, or directory of the Application materials is prohibited except as provided for herein. Nothing contained in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property contained or displayed in the Application without our written permission or such third party that may own such intellectual property. Your use of the intellectual property contained in the Application, or any other content in the Application, except as provided herein, is strictly prohibited. Any unauthorized use of the content contained in the Application may violate applicable laws, regulations, and/or statutes.
  • Account and Account Security. To use certain features of our Application and Services, you may be required to create a user account (“Account”) and provide us with a username, password, and certain other information about yourself as set forth in our Privacy Policy. You will have the ability to maintain and periodically update such information as you see fit. By registering, you agree that all information provided by you is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You are solely responsible for the information associated with your Account and anything that happens related to your Account. If you create an Account, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities and/or charges that are incurred under your Account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and Account. You will immediately notify us if you discover or suspect that someone has accessed your Account without your permission. You will not license, sell, or transfer your Account without our prior written approval.
  • User Content. For purposes of this Agreement: (1) the term “Content” includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Application; (2) the term “User Content” means Content that a user submits, transfers, or otherwise provides to the Application, which may be accessible and viewable by the public.
  1. Your use of the Application is subject to all applicable laws and regulations, and you are solely responsible for your User Content. Posting, transmitting, or sharing User Content through the Application that you did not create, that you do not have the rights to, or that you do not have permission to post is prohibited. You understand and agree that we may, but are not obligated to, review and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgment violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Application or provide to us. You agree that you will not post any User Content that:
    1. Is threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, or invasive of another’s privacy;
    1. Intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or
    1. Includes graphic descriptions of sexual or violent content.
  • We claim no ownership to your User Content, however, by posting User Content through any part of the Application, you automatically grant, and you represent and warrant that you have the right to grant, us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Application or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
  • You represent and warrant that your User Content conforms to these Terms and that you own or have the necessary rights and permissions to use and exploit, and to authorize us to use and exploit, your User Content in all manners contemplated by these Terms. You agree to indemnify and hold us harmless from any demands, loss, liability, claims, or expenses made against us by any third party arising out of or in connection with our use and exploitation of your User Content. You further agree that all User Content will not violate our Content Policy and Guidelines.
  • You represent and warrant that, with respect to your User Content, you, or the producer of the User Content, have collected and maintained the records required under 18 U.S.C. § 2257 et. seq., as modified from time to time in compliance with the rules and regulations set forth in 28 C.F.R. § 75 et. seq., as modified from time to time, and any other applicable records keeping or age verification laws.
  • You can delete User Content individually or all at once by deleting your account. When you delete User Content, it’s no longer visible on the site and the license granted herein will continue until the User Content has been fully deleted.
  • You acknowledge and agree that we are in no way responsible for the materials you may post to the Application.
  • Obligation to comply with Records Keeping Requirements under 18 U.S.C. § 2257. You certify that User Content you upload to the Application has been produced and records are being kept in accordance with 18 U.S.C. § 2257 et. seq., as modified from time to time, with the rules and regulations set forth in 28 C.F.R. § 75 et. seq., as modified from time to time, and any other applicable records keeping or age verification laws. Upon our request, you shall promptly deliver to us legible copies (as may be lawfully redacted), of valid (as of the date of production of the User Content) recognizable governmental photo identifications for any or all individuals appearing in any or all of your User Content (demonstrating that all individuals were at least 18 years of age on the day the User Content was produced) together with the required identification forms, documents, and releases. In this context, when we refer to all individuals appearing in the User Content, we mean, without limitation, photographed individuals or individuals otherwise appearing in the User Content, whether appearing nude, semi-nude, or fully clothed, engaging in simulated or actual sexual intercourse or masturbation. Your failure to promptly deliver the requested information upon request, may lead to the temporary or permanent suspension of your account. You will, at your own expense, indemnify, defend, and hold us harmless from any and all liabilities, losses, damages, fines, fees, penalties, costs, and expenses (including reasonable attorneys’ fees) incurred or suffered by us from any claim arising or resulting from your failure or negligence to comply with maintenance of any legally mandated records.
  • Paid Membership. In the event you choose to purchase a membership to access and use the Member Content limited strictly to members of such membership, the following terms apply:
  1. Member Content. “Member Content” means, collectively, all the videos, visual media, written media, access, and other such items made available in connection with the chosen and purchased membership service provided by us through the Application.
  • Member Rights. Subject to these Terms and your payment of the applicable fees (the “Fee”), we grant to you a limited, non-exclusive, worldwide, non-transferable right and license to access and use the Member Content, as well as any particular for-pay aspects of the Application services. during the set subscription period (the “Subscription Period”). You will not sell, lease, license, or otherwise transfer or directly profit from the exploitation of the Member Content hereunder. No rights to the Member Content are granted to you other than as expressly provided for herein.
  • Subscription Period. In the event you choose to become a paying user of the Member Content, the Subscription Period for the Member Content will begin immediately upon payment of the Fee and will terminate at the end of the applicable period. You agree to pay the Fee for the Subscription Period.
  • Fee. In consideration of the rights granted herein, you agree to pay to us (a) the Fee as notified by us at the time of the initial purchase at the start of the Subscription Period together with all applicable taxes or other duties or levies. We warrant that the Fee is full and complete consideration for the rights to the Member Content granted herein.
  • Fee Changes. We may change the fees or benefits associated with the Member Content from time to time with reasonable advanced notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Member Content.
  • Payment by Credit Card. If you are paying by credit card, you authorize us to charge your credit card for all fees payable at the beginning of the Subscription Period. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
  • Cancellation. You may cancel your subscription at any time upon written notice to us. We may terminate your subscription at any time following written notice for a material breach of your obligations under these Terms.
  • No Refunds. The Fee is non-refundable. We will not provide refunds or credits for any partial Subscription Periods or unused Member Content. If you cancel your subscription to the Member Content you will not be refunded or credited any portion of your Fee. Following any cancellation, however, you will continue to have access to the Member Content through the end of the Subscription Period, at which point your access will terminate.
  1. No Joint Venture. Nothing contained herein will be construed to constitute the parties as partners or joint venturers nor deem any party the agent of any other party, nor will any similar relationship be deemed to exist between them.
  • Maintenance. To the extent that any maintenance or support is required by applicable law, we may provide support for the Application. Neither we nor Distributor have any obligation to furnish any maintenance or support services with respect to the Application.
  • Prohibitions. You may not: (a) reverse engineer, decompile, tamper with, or create derivative works of the Application or Content; (b) change, modify, or alter the Application or Content; (c) circumvent any protections that are a part of the Application; (d) use the Application for any commercial or illegal purpose; (e) contact or collect any information about any other user of the Application through the Application; (f) use the Application to violate any legal right of any third party; (g) use any automated means to access or use the Application (including scripts, “bots” or similar software); (h) sublicense the Member Content; (i) duplicate, reproduce, publish, display, distribute, or creative derivative works of the Content through any means, except as provided for herein: or (j) rent, lease, sell, assign, transfer, sub-license, or convey the Application or any portion thereof for any purpose.
  1. Use. The Application, and all Services, are protected by applicable law and you are explicitly advised that any use of the Application in violation of the law is prohibited. You may not use any aspect of the Content and Services for any commercial purpose. The Application and the Content may not be modified, duplicated, reproduced, transmitted, sold, or otherwise exploited for commercial use. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted Content not owned, or duly licensed, by you is against the law. Use of the Application or Services for any purpose not expressly provided for herein is prohibited.
  1. User Conduct. You represent, warrant, and agree that no materials of any kind submitted or otherwise created, used, posted, transmitted, or shared by you or others through you on or through the Application will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You agree to, at all times, abide by the Content Policy and Guidelines https://www.dinosafterdark2.com/content-policy/. You further agree not to use the Application to:
  1. Take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Application or the intellectual property rights owned or licensed by us as described elsewhere herein;
  • Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies, or regulations of networks connected to the Application;
  • Communicate in any way that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; or
  • Pursue any commercial purpose not expressly approved by us in writing. You will not use the Application to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
  1. Groups/Moderators. Users may have the opportunity to create and moderate certain public or private groups through the Application. We are not responsible for actions taken by such moderators. We reserve the right to revoke or limit a user’s ability to moderate or create a group at any time and for any reason or no reason, including for a breach of these Terms. If you choose to create and/or moderate a group through the Application you agree to the following:
  1. You agree that when you receive reports related to the group you moderate, you will take appropriate action, which may include removing content that violates these Terms or the Content Policy and Guidelines https://www.dinosafterdark2.com/content-policy/, and/or promptly escalating to us for review;
  • You are not, and may not represent that you are, authorized to act on behalf of us;
  • You may not enter into any agreement with a third party on behalf of us, or any groups that you moderate, without our written approval;
  • You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties;
  • If you have access to non-public information as a result of moderating a group, you will use such information only in connection with your performance as a moderator; and
  1. Updates. From time to time, we may create updated versions of the Application. Updates may be automatically transmitted to you and you accept such updates according to these Terms. Unless explicitly stated otherwise, all updates will be subject to these Terms, including any amendments to these Terms.
  1. Additional Terms. Because we offer a variety of Content and Services, you may be asked to agree to additional terms before using or accessing a specific service offered by us (“additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding service.
  1. Digital Millennium Copyright Act. We comply with all copyright laws including the Digital Millennium Copyright Act (“DMCA”). If you believe the Application, or any portion thereof, violates any copyright that you own or control, submit notification to us at the address provided in the “Contact” section that includes:
  1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works claimed to have been infringed;

  3. 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;

  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and

  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

If we remove your content in response to a copyright or trademark notice, we will notify you of such action. If you believe your content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification in response to our notification of removal. Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification.

  1. Third Party Sites, Apps, and Hosting. The Application may contain (or may send you through or to) links to third-party websites, third-party applications, and/or software (“Third Party Sites”). We are not responsible for such Third Party Sites or for any content posted on, available through, or installed from such Third Party Sites. Inclusion of, linking to, or permitting the use or installation of such Third Party Sites does not imply approval or endorsement thereof by us. We shall have no responsibility or liability whatsoever for any Third Party Sites accessed through use of the Application. Your use and interaction with Third Party Sites may be subject to separate terms and conditions of such Third Party Sites. If you access Third Party Sites, you must comply with the terms and conditions that apply. The Application may also contain sponsored third party content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content, Services, or information on the Application, including User Content. You, the user, must comply with any and all applicable third-party terms of agreement, including those of the Distributor, as applicable, when using or downloading the Application.
  1. Privacy Policy. The information we obtain through your use of the Application is subject to our Privacy Policy https://www.dinosafterdark2.com/privacy-policy/ and is specifically incorporated by reference into these Terms.
  1. Termination. You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing all use of the Application. If you stop using the Application without deactivating your Account, your Account may be deactivated due to prolonged inactivity. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Application, including paid membership access and group moderator status, with or without notice and for any reason, including breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Application or the Services and reporting you to the proper authorities. Upon any termination of these Terms, you shall cease all use of the Application and delete all copies of the Application from your devices. Any part of these Terms intended to apply following termination will so apply.
  2. Restricted States. If you live or reside in the United States of America and are in the states of Louisiana, Utah, Mississippi or Virginia you are not allowed to access the website or any services provided by this website
  1. Disclaimer of Warranty.  The Application and all associated Services and Content are provided “as is”, with all faults and without warranty of any kind. We hereby disclaim all warranties with respect to the Application and Services either express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. We do not warrant, guarantee, or make any representations that the Application or Services are reliable, secure, or accurate, that they will meet your needs or requirements, that the Application or Services will be available at any particular time or location, that any defects or errors will be corrected, or that the Application or Services will be free of viruses or other harmful components. You use the Application at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of these Terms and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you but they shall apply to the maximum extent permitted by law.
  • Limitation of Liability. You hereby agree that we, along with our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, injury, death, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Application or Services, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Application or Services; and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you but they shall apply to the maximum extent permitted by law.
  • Indemnification. You hereby indemnify and hold us, our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of these Terms or in connection with any use of the Application or Services including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Application or Services.
  • Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as “terrorist supporting” country; and (b) you are not listed on any United States government list of prohibited or restricted parties.
  • Severability. If any provision of these Terms is found unenforceable or illegal, we may reform such provision to make it enforceable and legal or such provision may be severed and in either case these Terms with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of these Terms shall not be considered a waiver.
  • Dispute Resolution. We hope to address all of your claims through good faith negotiation. Before filing a claim against us, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim to us at the address in the “Contact” section. The notice must (a) include your name, username, address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. Any dispute arising from these Terms or related to your use of the Application or Services will be submitted to confidential, binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration proceedings will take place in a location of our choosing in the State of Colorado. Any resulting decision may award the prevailing party reimbursement of its reasonable expenses and may be entered in a court of competent jurisdiction.
  • Controlling Law. These Terms shall be governed by the laws of the State of Colorado and of the United States. Subject to the arbitration requirement above, all claims, legal proceedings, or litigation arising in connection with the Application or Services will be brought solely in the courts located in Denver, Colorado and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
  • Entire Agreement. These Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any of these Terms. We may assign all or any portion of these Terms in our sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by us.
  • Contact. If you have any questions regarding these Terms, please contact:

Dinosaurs Don’t Die In The Future, LLC

1716 North Main Street, Unit A

Box 141

Longmont, CO 80501

EMAIL: Dinosafterdarkcontact@gmail.com