This document establishes the terms of service (the “Terms”) for Hot Dark Matter Ltd (13749493), a Private Limited Company operating in England and Wales. The terms govern your access to and use of our applications, products, services, software and websites (the “Hot Dark Matter Services”), including access to content and functionalities provided by Hot Dark Matter or by third parties using our technology platform.
By accessing or using the Hot Dark Matter Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use or access the Hot Dark Matter Services.
For information regarding how we use and protect your personal information, please see the Hot Dark Matter Privacy Policy (“Privacy Policy”), available at https://hotdarkmatter.com/privacy/
In these Terms the words with capital letters have a particular meaning. These words are listed below:
“Hot Dark Matter” or “we” means Hot Dark Matter Limited, a private limited company incorporated in the United Kingdom and registered in England with company number 13749493.
“User”, “you” or “your” means you, the individual or entity accessing, browsing, downloading or using any Services.
“Hot Dark Matter Content” means any app or website content made available on or via the Services. This might include text, images, video, 3D models, animations, games, code, working assets, sound files and other content.
“Third Party Content” means Content which is owned or controlled by a person other than Hot Dark Matter, including (a) Content which is created by Hot Dark Matter for a brand, entertainment franchise or other client and (b) Content which is published on our platform by users of our Services.
“User Generated Content” means content which a user creates, submits, uploads, posts, links to, displays or shares on or through the Services.
“Intellectual Property Rights” means patents, registered and unregistered trademarks and service marks, domain names, registered and unregistered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
“Hot Dark Matter Services” means collectively Matter AR (from time to time referred to as Matter AR Application, Matter AR App and Matter AR Platform), the Hot Dark Matter Website, our Matter Powered products, Matter WebAR and any other applications, products or services of Hot Dark Matter covered by these Terms of Use. A reference to Hot Dark Matter Services includes any and all related databases, features, functionality, plug-ins, software and web pages and with respect to Matter Powered products, experiences and items which appear on or within that product.
“Matter AR” means our augmented reality mobile application, including all versions of that application published by Hot Dark Matter.
“Hot Dark Matter Website” means the official Hot Dark Matter website available at https://www.hotdarkmatter.com
Matter AR serves as a technology and media platform offering users the opportunity to create, discover, explore, play, and share experiences within the realms of augmented, virtual, and mixed reality via the Hot Dark Matter Services.
We also provide businesses the chance to leverage our technology and media platform for the distribution of digital content and experiences. Such content could either be content that we've crafted for them, or content they've developed independently utilising our suite of content creation tools.
We also provide businesses with bespoke production services for the creation and distribution of digital content and experiences that do not exist on our technology and media platform.
You acknowledge and agree that the format and essence of the Hot Dark Matter Services might evolve periodically without any prior notification to you. This evolution may include bug fixes, patches, as well as the release of updated and new versions, collectively referred to as “Updates”. Depending on the settings of your device, these Updates may be downloaded and installed onto your device automatically.
Hot Dark Matter or our licensors own all Content and the Hot Dark Matter Services, including all Intellectual Property Rights, and this ownership will persist. We offer you a revocable, individual-use, non-transferable, non-exclusive, restricted licence to use the Content that we or our licensors provide via the Hot Dark Matter Services, under these usage terms:
We reserve the right, at our sole discretion, to modify these Terms at any time. If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, we may provide you with additional notice.
If you're below 18 years of age, it's advised that you go through these Terms of Use with a parent or legal guardian. For those younger than 13 years old, it's highly recommended to obtain parent or legal guardian approval prior to utilising the Hot Dark Matter Services and most definitely before providing or disseminating any information or content to us or any other user of the Hot Dark Matter Services.
You accept that at our sole and absolute discretion, Hot Dark Matter can indefinitely or temporarily halt the delivery of the Hot Dark Matter Services, or any component(s) thereof, for any reason without providing you with prior notice. There may be occasions when your access to the Hot Dark Matter Services is limited to accommodate repairs, maintenance, or the launch of new features or services. We will make an effort to resume the service as quickly and reasonably as possible.
You agree that you bear sole responsibility for your User Generated Content and any associated legal implications. User Generated Content encompasses data, text, information, screen names, graphics, photos, profiles, 3D assets, games, audio, video clips and links. You acknowledge that any personal data of others included in your User Generated Content may fall under the purview of data protection and other laws and regulations. You're completely responsible for complying with these laws and regulations, where relevant. We at Hot Dark Matter urge users to exercise caution when sharing others' personal information as part of User Generated Content.
As you determine the purposes for which you gather, use, and disclose content via the Hot Dark Matter Services, you may be considered a 'data controller' under the UK Data Protection Act and EU General Data Protection Regulation ('GDPR') concerning any personal data within the content. In instances where Hot Dark Matter utilises your content for our purposes (e.g., promoting the Hot Dark Matter Services), we will become joint data controllers of your content. In such cases, we will manage any personal data within the content in line with our Privacy Notice for the Hot Dark Matter Services.
While you retain all rights to your User Generated Content under relevant laws, you agree to grant Hot Dark Matter a continuous, irrevocable, global, fully paid-up, royalty-free licence, with rights to assign and sublicense. This licence permits us to store, utilise, copy, modify, publish, and distribute your content to develop, support, and promote our services and business across all media channels. You assure Hot Dark Matter that you possess (and will maintain) all necessary rights to grant this licence, specifically owning or possessing necessary Intellectual Property Rights in your content.
Unless prohibited by law, you waive all moral or privacy rights connected to our use of your User Generated Content as per these Terms of Use. This granted licence and waiver of moral rights persist even after you cease using the Hot Dark Matter Services.
We value your input and recommendations regarding our Services. However, you agree that any such feedback or suggestions you provide are completely voluntary. We reserve the right to utilise your suggestions or feedback in any manner we deem appropriate, without any obligation to you.
You must not misuse the Hot Dark Matter Services in any unlawful or inappropriate way or violate any laws, licences, or third-party obligations. While you manage your interactions with other users, we may, but are not required to, oversee any user disputes.
You agree to refrain from illicit, damaging, or unauthorised use, extraction, or reuse of any part of the Hot Dark Matter Services or Content, barring express permission under the licences outlined in this agreement. You are also expected to adhere to any provided usage instructions.
While using our services, you commit to avoiding behaviour that abuses, harasses, threatens, or intimidates other users or reveals sensitive personal information. You agree not to share any illicit, defamatory, infringing, obscene, vulgar, harmful, hateful, or otherwise illegal content. You will also avoid sharing suggestive imagery, compromising the rights of minors, promoting harmful or discriminatory behaviour, or revealing sensitive information without authorization.
You won't upload files that contain third-party intellectual property or breach privacy rights without obtaining necessary permissions. Interfering with others' use of the Hot Dark Matter Services, uploading damaging files, impersonating others, promoting illegal activities, or data harvesting is also prohibited.
Although Hot Dark Matter doesn't pre-check User Generated Content, we may remove or suspend content or accounts violating these terms or deemed offensive. We can also delete outdated content to improve the service's performance. We typically remove content breaching these terms, but we may remove any content for any reason, without warning. Please maintain backups, as we aren't liable for content loss due to service alterations or discontinuations.
Hot Dark Matter is the sole and exclusive owner of the HOT DARK MATTER trademark, HOT DARK MATTER logo, MATTER AR logo and POWERED BY MATTER AR trademark (collectively, the “Hot Dark Matter Marks”), any registrations and applications for registration of the Hot Dark Matter Marks, and their associated goodwill, throughout the world. Where we grant you the right to use any Hot Dark Matter Marks, all use of the Hot Dark Matter Marks by you will inure to the benefit of Hot Dark Matter. You will not acquire any right, title or interest in or to any of the Hot Dark Matter Marks.
HOT DARK MATTER is a trademark of Hot Dark Matter Limited that has been registered in the United Kingdom. POWERED BY MATTER AR, HOT DARK MATTER logo and the MATTER AR logo are unregistered trademarks of Hot Dark Matter Limited. All other trademarks, straplines, graphics and logos used on or in connection with the Hot Dark Matter Services are unregistered or registered trademarks or service marks of Hot Dark Matter Limited, its licensors or business partners.
Hot Dark Matter does not make any warranty or representation in respect of the ownership or origin of any Third Party Content or User Generated Content available from the Hot Dark Matter Services.
The Hot Dark Matter Services may include links to third-party online platforms, applications, or websites ("Third Party Services"). These are beyond our control and offered only for your convenience. We provide no guarantees or endorsements concerning any Third Party Service you might access through our services.
In essence, these Third Party Services are not sanctioned, evaluated, or endorsed by us, and we take no responsibility for their content, accuracy, legality, or accessibility, or for the quality of any products or services they provide. If you opt to access a Third Party Service, it's entirely at your own risk. Additionally, using such services might involve accepting their specific terms and conditions and privacy policies, which will not affect the applicability of these Terms of Use.
Certain Hot Dark Matter Services may display third-party advertisements, promotions, or sponsorships. The respective promoters must ensure the compliance of their material with applicable laws, regulations, and best practices. We won't be liable for any inaccuracies or errors in third-party promotional material.
Any interactions, transactions, or engagements with promoters discovered via the Hot Dark Matter Services, including associated competitions, prize draws, payments, deliveries, or services, are exclusively between you and the promoter. We bear no responsibility for any such interactions.
You promise to Hot Dark Matter that your use of our services will comply with these Terms of Use and all applicable laws, and will not violate any third-party rights, including Intellectual Property Rights and privacy rights. You're liable for any royalties, fees, or monies owed due to your User Generated Content.
We strive to provide quality services, but we don't guarantee the reliability or accuracy of content, particularly from third parties or users. Users' views in their content are their own, not ours, and we're not responsible for User Generated Content.
Our services may have interruptions and errors. They are provided "as is" and "as available", without any warranties. We don't guarantee our services will meet your needs or be free of offensive, indecent, or inaccurate content. We don't review or verify third-party content, so use it at your own risk.
You're responsible for protecting yourself and your devices from harmful content. We don't have to verify users' identities or monitor their use of our services, and we aren't liable for identity theft or misuse of your identity or information.Always be aware of your surroundings when using our services to avoid harm. Your use of our services is entirely at your own risk.
This section outlines Hot Dark Matter's entire financial liability to you, related to: (a) any breach of these Terms of Use; (b) your use of our services; and (c) any misrepresentation, statement or tortious act arising from these Terms or our services.
We do not limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud; or (c) any other liability that cannot be excluded or limited by law.
However, except for the above, we're not liable for losses including, but not limited to, anticipated savings, opportunity, data, revenue, profit, business, goodwill, reputation, third-party losses, indirect losses or consequential damages related to our services, even if foreseeable.Our total aggregate liability to you, regardless of the cause, is capped at £100.
Despite the above, due to the inherent risks of using the internet, we're not responsible for damage to your devices or property when using our services. You're solely responsible for any damage or loss of data from downloaded materials through our services.
You agree to protect and compensate Hot Dark Matter, its affiliates, subsidiaries, owners, directors, officers, employees, and agents from any claims, demands, lawsuits, liabilities, judgments, losses, damages, costs and expenses (including reasonable legal fees) that Hot Dark Matter may face due to: (i) your non-compliance with this Agreement; (ii) your failure to fulfil your responsibilities under this Agreement; (iii) your usage of the granted rights, especially any claims from third parties; (iv) your breach of any third party's rights or applicable laws, including but not limited to intellectual property, publicity, privacy rights or laws; and/or (v) any allegations that your User Generated Content has caused harm to a third party.
We reserve the right to discontinue any Hot Dark Matter Services or your access to them for any reason, without prior notice. Suspected fraudulent, abusive, or illegal activities can result in termination and may be reported to law enforcement. You're free to stop using our services at any time.
On termination: Your rights to use our services and related licences end immediately, and we may erase all your related content and information. We can prevent further access to our services, including technical measures. We're not liable for any claims or damages resulting from termination, or for any loss of content or information. Any terms meant to survive termination, including those related to intellectual property, disclaimers, indemnities, limitations of liability, and applicable law, will do so.
The termination of your access to our services won't affect any accrued rights and liabilities of either party at the time of termination.
Entire Agreement - These Terms of Use and associated documents represent the complete agreement between you and Hot Dark Matter Limited concerning the Hot Dark Matter Services, superseding all prior agreements or proposals. Neither party has relied on any promises, statements, or understandings not outlined in these terms. Fraudulent misrepresentation is not excluded.
Amendments - Unless stated otherwise, these Terms of Use can only be amended by a written document signed by an authorised Hot Dark Matter representative.
Assignment - You are not permitted to assign, transfer, sub-license, or delegate your rights or obligations under these Terms of Use. We can assign our rights to another entity if it doesn't negatively affect your rights.
Relationship between us - These Terms of Use do not form any agency, partnership, joint venture, or employment relationship. Neither of us has authority to bind the other in any respect.
Third party rights - These Terms of Use grant rights solely to Hot Dark Matter Limited and the user, and, where applicable, their successors and permitted assigns.
No Waiver - If we ignore any breach of these Terms of Use, we still retain the right to exercise our rights and remedies in future instances or if you breach the Terms of Use again.
Severability. If any provision of these Terms of Use is deemed invalid or unenforceable, the remaining provisions will remain in effect, provided they can function without the invalid terms.
Force Majeure - Hot Dark Matter is not responsible for any Terms of Use breaches or service failures caused by factors beyond our control, including acts of God, terrorism, communication failures, labour disturbances, hacker activities, web unavailability, power failures, government actions, or any actions or failures by you, your employees, agents, or contractors.
No Injunctive Relief - You shall not seek or be entitled to rescission, injunctive or other equitable relief, or to hinder the operation of the Hot Dark Matter Services or exploitation of any related advertising, content, or materials.
Despite any conflicting legal principles, English law will govern these Terms of Use, the provision of Hot Dark Matter Services, and all aspects of your relationship with Hot Dark Matter, including non-contractual disputes or claims.
We aim to efficiently resolve any disagreements or claims (a "Dispute") arising from these Terms of Use or the Hot Dark Matter Services. If you're unsatisfied with how we handle a Dispute and wish to take legal action or initiate court proceedings, this must be done exclusively within England and Wales. However, you agree that Hot Dark Matter can still apply for injunctive remedies or similar urgent legal actions in any jurisdiction where you live or have assets.
Disputes with Hot Dark Matter must be resolved on an individual basis. Class, consolidated or representative actions are not permitted, including class arbitrations, class actions, private attorney general actions, or arbitration consolidation.
The Hot Dark Matter Services are owned and operated by Hot Dark Matter Limited, a company incorporated in the United Kingdom and registered in England and Wales with company number 13749493. The Company’s registered office address is 37c, Hopton Road, London, England, SW16 2EH.
Any questions or inquiries which you have in relation to Hot Dark Matter Ltd should be addressed to: info@hotdarkmatter.com