Terms of Service
Effective Date: May 28, 2025
1. Introduction
Welcome to Dark Vision Shop a division of Rock Drill, LLC ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at darkvisionshop.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
2. Eligibility
By using the Services, you represent and warrant that you are at least 18 years old, and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.
3. Accounts and Registration
3.1 Account Creation
To access certain features of the Services, you may be required to create an account. You agree to:
● Provide true, accurate, current, and complete information during the registration process.
● Maintain and promptly update your account information to keep it accurate and current.
3.2 Account Responsibilities
You are responsible for:
● Maintaining the confidentiality of your account login credentials.
● All activities that occur under your account.
● Notifying us immediately of any unauthorized use of your account.
4. Orders and Payment
4.1 Product Availability
All products listed on the Website are subject to availability. We reserve the right to limit the quantities of any products or services that we offer.
4.2 Pricing
Prices for our products are subject to change without notice. We are not liable for any price changes, modifications, or discontinuance of products.
4.3 Payment Terms
● Accepted Payment Methods: Visa, MasterCard, American Express, Discover, and PayPal
● Payment Processing: Payments are processed securely through Shopify Payment Gateway.
● Billing Information: You agree to provide current, complete, and accurate billing information.
4.4 Order Acceptance
We reserve the right to refuse or cancel any order for reasons including but not limited to:
● Product or service availability.
● Errors in the description or price of the product.
● Suspected fraudulent or unauthorized transactions.
5. Shipping and Delivery
5.1 Shipping Policy
Please refer to our Shipping Policy for information on our shipping policy
5.2 Risk of Loss
All purchases are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon our delivery to the carrier.
6. Returns and Refunds
Please refer to our Return and Refund Policy for information on returns, exchanges, and refunds.
7. Intellectual Property Rights
7.1 Ownership
All content on the Website, including text, graphics, logos, images, and software, is the property of Dark Vision Shop or its content suppliers and is protected by intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.
7.3 Restrictions
You agree not to:
● Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission.
● Use any meta tags or other hidden text using our name or trademarks without our express written consent.
8. User Content
8.1 Submissions
If you submit or post any content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content.
8.2 Prohibited Content
You agree not to submit any User Content that:
● Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
● Infringes on any intellectual property or other proprietary rights of any party.
9. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
● Violating Laws and Rights: Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
● Disruption: Interfere with or disrupt the Services or servers or networks connected to the Services.
● Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.
10. Disclaimers and Warranties
10.1 "AS IS" Basis
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Services.
10.2 No Warranty
We do not warrant that:
● The Services will meet your specific requirements.
● The Services will be uninterrupted, timely, secure, or error-free.
● The results obtained from the use of the Services will be accurate or reliable.
11. Limitation of Liability
In no event shall Rock Drill, LLC, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from:
● Your use or inability to use the Services.
● Any unauthorized access to or use of our servers and/or any personal information stored therein.
● Any interruption or cessation of transmission to or from the Services.
12. Indemnification
You agree to indemnify, defend, and hold harmless Rock Drill, LLC and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
● Your use of and access to the Services.
● Your violation of any term of these Terms.
● Your violation of any third-party right, including intellectual property or privacy rights.
13. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States of America, Ohio, without regard to its conflict of law provisions.
15. Dispute Resolution In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes"), the parties agree to first attempt to resolve the Dispute through informal negotiations conducted in good faith. If the Dispute is not resolved within thirty (30) days of the initial notice of the Dispute, it shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Columbus, Ohio,(USA) and the proceedings shall be conducted in English. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.
Each party shall bear its own costs of arbitration, except as otherwise required by the rules of the AAA. The arbitrator shall have the authority to award reasonable attorneys’ fees to the prevailing party.
15. Changes to Terms
We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically.
16. Miscellaneous
17.1 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in effect.
17.2 Entire Agreement
These Terms constitute the entire agreement between us regarding our Services and supersede any prior agreements.
17.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
18. Contact Information
If you have any questions about these Terms, please contact us:
● Company Name: Rock Drill, LLC
● Address: 306 E. New England Ave, Worthington, OH 43085
● Email: support@darkvisionshop.com
● Phone: 1-740-200-2345
Rock Drill, LLC
306 E. New England Ave, Worthington, OH 43085, USA