Dark Passage Films - Terms of Use

Welcome to the Dark Passage Films website (the "Website"). These Terms of Use (the "Terms") govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. Please read these Terms carefully before using the Website.

## 1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (which is incorporated herein by reference). If you are using the Website on behalf of an entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

These Terms form a legally binding agreement between you and Dark Passage Films, LLC ("Dark Passage Films," "we," "us," or "our"). We may update these Terms from time to time as described in Section 6 below.

## 2. Use of Website

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use, or for legitimate business purposes related to film submissions, inquiries, or other services we provide, subject to these Terms.

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party. Prohibited conduct includes, but is not limited to:

- Engaging in any activity that violates any applicable federal, state, local, or international law or regulation (including, without limitation, laws regarding the transmission of technical data exported from the United States or the country in which you reside).

- Transmitting, distributing, or procuring the sending of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation without our prior written consent.

- Impersonating or attempting to impersonate Dark Passage Films, a Dark Passage Films employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing).

- Uploading, posting, or transmitting any material that contains software viruses, malware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.

- Interfering with or disrupting the Website or servers or networks connected to the Website, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Website.

- Collecting or storing personal data about other users without their express consent, or engaging in data mining, scraping, or similar data gathering or extraction methods.

- Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, by hacking, password "mining," or any other illegitimate means.

We reserve the right to terminate your access to the Website at any time, without notice, for any reason, including if we believe you have violated these Terms.

If you are under 18 years of age, you must have your parent or legal guardian's permission to use the Website, and they must agree to these Terms on your behalf.

## 3. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software) are owned by Dark Passage Films, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only, unless otherwise expressly authorized by us in writing. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

- You may store files that are automatically cached by your web browser for display enhancement purposes.

- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Dark Passage Films.

Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

## 4. User Content

The Website may allow you to submit, upload, publish, or otherwise make available content, including but not limited to film submissions, scripts, comments, feedback, ideas, or other materials (collectively, "User Content"). You retain ownership of your User Content, but by submitting User Content to the Website, you grant Dark Passage Films a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and worldwide license (with the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media or format, for any purpose related to our business operations, including but not limited to evaluating film submissions, marketing, promotion, and development of films or related projects.

You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above; (ii) the User Content does not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; and (iii) the User Content is not defamatory, obscene, threatening, abusive, or otherwise unlawful.

We are not responsible or liable for any User Content posted on the Website. We reserve the right (but have no obligation) to review, monitor, edit, or remove any User Content at our sole discretion, without notice.

## 5. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Dark Passage Films, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; or (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your sole and exclusive remedy for any dispute with us is to stop using the Website. In no event shall our total liability to you for all damages exceed the amount of one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

## 6. Changes to Terms

We reserve the right, at our sole discretion, to modify, add, or remove portions of these Terms at any time. All changes will be effective immediately upon posting the revised Terms on the Website. We will indicate the date of the most recent update at the bottom of these Terms. Your continued use of the Website after the posting of any changes constitutes your acceptance of such changes. It is your responsibility to check these Terms periodically for changes.

If you do not agree to the modified Terms, you must discontinue your use of the Website.

## 7. Governing Law

These Terms and any dispute or claim arising out of or related to them or the Website (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

You agree that any legal action or proceeding between you and Dark Passage Films related to these Terms or the Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York County, New York, and you submit to the personal jurisdiction and venue of such courts.

## 8. Contact Information

If you have any questions, concerns, or comments about these Terms of Use or the Website, please contact us via our Contact page on the Website or by emailing us at [info@darkpassagefilms.com] (or other contact information provided on the Website).

We may update our contact information from time to time without notice.

Last Updated: January 11, 2026