Welcome to DARE, operated by DARE TO LIVE, LLC, located at 2332 Beach Ave, 90291 Venice - California ("DARE," "we," or "our").
This Agreement is subject to change by DARE at any time, effective upon posting on the DARE website. Your continued use of the Websites and the Service following DARE posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding DARE terms of your use of the Websites and the Service. This Agreement may be modified by DARE from time to time, such modifications to be effective upon posting by DARE on the DARE Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. Eligibility. You must be at least thirteen (13) years of age. By using the Websites, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Children under the age of eighteen (18) are not allowed to make purchases on the Service, whether through Regular Mode, Elite Mode, or otherwise. Children under eighteen (18) may only play for points, without the use of monetary Deposits or Payouts (as those terms are defined herein).
3. Non-commercial Use by Members. The Websites are for the personal use of individual Members only and may not be used in connection with any commercial endeavor as organizations, companies, and/or businesses may not become Members and should not use the Service or the Websites for any purpose unless expressly authorized. Illegal and/or unauthorized uses of the Websites include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of DARE, which may be revoked at any time, for any reason, in DARE's sole discretion.
4. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify DARE of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DARE will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your DARE account.
5. Your Use of the Websites
a. You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by DARE.
c. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
e. You must not employ the use of bots, botnets, scripts, apps plugins, extensions or other automated means to register account, log in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites (the “Users”).
f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
g. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
h. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in DARE's sole and reasonable discretion;
any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in DARE´s sole and reasonable opinion;
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other User’s use and enjoyment of the Websites; or
any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
j. You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
k. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
l. You must not stalk, exploit, threaten, abuse or otherwise harass another User, or any DARE employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
m. You must not sell or transfer, or offer to sell or transfer, any DARE account to any third party without the prior written approval of DARE
n. You must not collect or attempt to collect personal data, or any other kind of information about other User, including without limitation, through spidering or any form of scraping.
o. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by DARE or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of servers, system or network or attempt to breach
DARE's data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking
virus, overloading, mail-bombing or crashing. Without limitation to any other rights or DARE’s servers or systems, submitting a remedies of
p. By making in-app purchases or making a Deposit as described in Section 9, you agree to the iTunes Store Terms and Conditions or Google Play Terms of Service and the Stripe Services Agreement. You agree that, when making any payment (a “Payment”), you will not engage in any illegal or unauthorized activity, including without limitation money transfer, fraud, money laundering, conversion, or terrorist activity.
6. Representations and Warranties
You hereby represent and warrant to DARE as follows:
b. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
c. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.
d. Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
e. Your Content does not and will not create any liability on the part of DARE its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
DARE reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
7. How the Service Works.
a. Generally: The DARE Service allows Users to dare other Users to take certain actions (a “Dare”). By way of example, here’s how the Service works:
User A sends a Dare to User B (the “Required Action”) for a certain price (the “Payout”). User B sees the amount, but s/he won’t see the Required Action itself at this point. If User B rejects the Dare, s/he will never know what the Required Action was.
If User B accepts the Dare, s/he will see the Required Action. At this point, s/he may elect to take the Required Action, or s/he may decide to pass the task back to User A (a “Pass”).
If User B takes the Required Action, User A must pay User B the Payout. The game is now over.
If User B decides to pass the Dare back to User A, User A now has two (2) choices:
User A may take the Required Action him/herself, in which case User A will be paid twice the Payout (i.e., if the Payout was $150, User A will now be paid $300).
User A may elect not to take the Required Action, in which case User A must pay thrice the Payout back to User B (i.e., if the Payout was $150, User A must now pay $450).
b. Proof of Required Action: The User who creates the Dare (the “Creator”) does not have to transfer the Payout to the User who takes the Required Action (the “Acceptor”) until the Acceptor has submitted visual or video proof (the “Proof”) to the Creator. If the Acceptor refuses to provide Proof, the Creator does not have to release the Payout to the Acceptor.
If, as a Creator, you believe that an Acceptor has uploaded Proof that is not legitimate (for
example, Proof which does not show them performing the Required Action, or which shows
someone else taking the Required Action), there are three (3) possible outcome:
You may request that the Acceptor re-perform the Required Action (which the Acceptor may accept or reject in his/her sole discretion);
The Acceptor may Pass the Dare back to the Creator (in which event the Creator must either perform the Required Action or pay thrice the Payout as described previously);
You may send the Proof to what shall be referred to as “Public Trial.”
If you elect to submit the Acceptor’s Proof to Public Trial, the Acceptor’s Proof will be sent to a randomly selected group of Users. These Users will decide, in their sole opinion, whether the Acceptor took the Required Action such that s/he is entitled to receive the Payout. The Public Trial’s decision is final; if the Public Trial rules in the Acceptor’s favor, you must release the Payout to the Acceptor.
c. Dares are Not Contracts; Dares are Not Wagers; Unwilling Participants.
You acknowledge and agree that Dares are not contracts and that an acceptance, rejection, or non-response to a Dare does not create a binding agreement between you and any other User. You acknowledge and agree that Dares are not wagers, and that DARE forbids any activity on the Service that could be construed as gambling. THE SERVICE MAY NOT BE USED FOR ANY FORM OF GAMBLING. Violations of this section may result in disciplinary action, including without limitation suspension of your account.
You acknowledge and agree that no User is required to take any action in response to a Dare from you; and that you are not required to take any action in response to a Dare from anyone else.
You agree that if, at any time, any User requests that you refrain from contacting them, whether regarding a Dare or otherwise, that you will immediately cease communications with them. Violations of this subsection may result in disciplinary action, including without limitation the suspension of your account.
8. Term. This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time via a link on your "Account" page. Alternatively, you may terminate your membership and/or subscription by contacting us at firstname.lastname@example.org. If you resign or cancel your membership and/or subscription to DAREthe Service, you may be asked to provide a reason for your resignation/cancellation. DARE may terminate your membership and/or subscription for any reason. If DAREterminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of DARE. DARE is not required to provide you notice prior or subsequent to terminating your membership and/or subscription.
DARE is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
9. Billing; Charges on Your Account.
a. General. DARE bills you in one of two ways, depending on the mode that you use
«Regular Mode»: This mode allows you to play with tokens purchased through an in-app purchase. By purchasing tokens using the in-app purchase mechanism, you agree to pay the price then stated for the tokens you are purchasing.
«TheNerdCoin»: This mode allows you to play with actual money made via a purchasing coins paying with credit card or debit card account done through «TheNerdCoin» website.
Regardless of which Mode you elect to use, you agree to the billing policy set forth below (the “Billing Policy”). You agree that the Billing Policy that is disclosed to you herein is deemed part of this Agreement. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Websites and/or Service.
b. Billing Policy.
As noted above, children under the age of eighteen (18) are not allowed to make purchases
on the Service, whether through Regular Mode, with TheNerdCoin, or otherwise. Children under
eighteen (18) may only play for tokens, without the use of monetary Deposits or Payouts.
All Deposits made by Users of the Websites, as well as any Payouts held to be paid to a User who has completed a Dare, will be held in a segregated bank account by a subsidiary of Dare To Live, LLC. Payouts will also be made from this segregated account.
In order to send you a Payout, we require a valid mailing address. We reserve the right to request additional information in order to send you money, including without limitation any information necessary for us to file any required tax forms.
Once the above information has been received, we will send your Payout within a reasonable amount of time. The minimum Payout amount is ten U.S. dollars($10); if your Payout is less than this amount, it will be sent once your aggregate Payouts reach $10. We cannot issue a Payout until the relevant Dare has been completed.
You acknowledge and agree that you will not receive interest on any Deposits. You acknowledge and agree that DARE is not a money service business.
c. Fee by DARE. You acknowledge and agree that any DARE will charge a fee of five percent (5%) of any Deposit you make (the “Fee”). This Fee shall be charged at the time of the Deposit and is non-refundable.
d. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY DARE IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE DARE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT DARE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY DARE).
e. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
f. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that DARE is authorized to charge your Payment Method. DARE may submit those charges for payment and you will be responsible for such charges. This does not waive DARE’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
10. Modifications to Service. DARE reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DARE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. Blocking of IP Addresses. In order to protect the integrity of the Services, DARE reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.
12. DARE is a Marketplace; Limitation of Liability
DARE acts as a marketplace to connect Users to one another. You acknowledge and agree that DARE is not a party to any agreement between you and another User, and that we are not liable to you for any loss incurred as the result of a User’s acts or omissions, including without limitation failure to communicate, breach of contract, conversion, fraud, negligence, and intellectual property violations.
You acknowledge and agree that DARE does not necessarily have control over the quality, safety, morality or legality of any aspect of any User’s services, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under an agreement with you. DARE cannot ensure that a User will actually complete a transaction or follow through on their promises.
DARE cannot guarantee the true identity, age, and nationality of a User. DARE encourages you to communicate directly with Users through the tools available on the Websites.
13. Content on DARE
a. Proprietary Rights. DARE retains all proprietary rights in the Websites and the
Service. The Websites contain the copyrighted material, trademarks, and other proprietary information of DARE, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on DARE is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of DARE and for DARE Members' use only. Distribution of Content to others is strictly prohibited. You agree that DAREwould be irreparably harmed by any violation or threatened violation of this section and that, therefore, DARE shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
any rights to any other user of the Websites with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture) ("Marks"), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks. DARE will gladly delete your Content upon request on email@example.com.
Any Content other than Your Content is the property of the relevant person who uploaded it (the “Uploader”), and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
14. Restrictions on Use of Materials
You acknowledge that DARE contains images, text, and other content (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and DARE owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
15. Copyright Policy. DARE prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Legal Department, Dare to Live, LLC, 2332 beach ave, 90291 Venice
If you belive that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to DARE at the address shown above, giving a written statement that contains:
identification of the copyrighted work and/or intellectual property right claimed to have been infringed
dentification of the allegedly infringing material on the Site that is requested to be removed;
your name, address, and daytime telephone number, and an e-mail address if available;
a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.
DARE will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
16. Liability for Content
You hereby acknowledge and agree that DARE (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, DARE excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
DARE and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against DARE or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
17. Reporting Infringements
If you discover any Content on the Websites that you believe infringes your copyright, please report this to us immediately by contacting us at firstname.lastname@example.org or Legal Department, 2332 Beach Ave, 90291 Venice. When contacting us, please make sure that you include the following information:
a statement that you have identified Content on DARE that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
a description of the copyright work(s) that you claim have been infringed;
a description of the Content that you claim is infringing and the DARE url(s)where such Content can be located;
your full name, address and telephone number, a valid email address on which you can be contacted, and your DARE user name if you have one;
a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
and a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:
with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
your electronic or physical signature (which may be a scanned copy).
18. Blocking and Removal of Content
Please also note that individual Uploaders have control over the Content that they store in their account from time to time, and may remove any or all Content or other Content without notice. You have no right of continued access to any particular item of Content and DARE shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by DARE or the relevant Uploader.
19. Repeat Infringers
DARE will suspend or terminate your access to the Websites if DARE
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by DARE at its sole discretion.
20. Limitation of Liability. In no event shall DARE be liable for any damages
whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from DARE or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. DARE makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL DARE, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF DARE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL DARE HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF DARE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of DARE and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to DARE during the six months prior to notice to DARE of the dispute for which the remedy is sought.
21. Indemnity by You. You agree to indemnify and hold DARE, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of DARE
22. Attorney Fees. In the event that DARE is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for DARE´s attorneys' fees and costs.
23. Parental or Guardian Permission
Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE DARE THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
25. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of California with the same force and effect as if such service had been made within the State of California. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
26. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California, or the United States District Court for the District of California. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California, or the United States District Court for the District of California.
27. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
29. Entire Agreement. This Agreement contains the entire agreement between you and DARE regarding the use of the websites and/or the Service DARE provides.
30. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, DARE's failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect DARES´s ability to enforce such term at any point in the future.
31. Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE..© 2020 Dare To live, LLC
Last updated June 4, 2020
User Provided Information
The Application obtains the information you provide when you download and register the Application.
When you register with us, including through Facebook or other social media companies and use the Application, you generally provide
email address, user name, password, or other registration information
profile information provided directly or by way of social login
transaction-related information, such as when you deposit or withdraw funds, engage in tasks, or respond to any offers from us
information you provide us when you contact us for help or provide feedback;
information you’ve elected to share when using the Application.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request
with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement
if Dare To Live, LLC. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
What are my opt-out rights?
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at firstname.lastname@example.org.
Data Retention Policy
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at email@example.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
If you have any questions regarding privacy while using the Application, services, or have questions about our practices, please contact us via email at firstname.lastname@example.org