The Site is our proprietary property, or that of our licensors or licensees. You acknowledge that the Site or its output may contain information, content, photos, video, text, graphics, music, sounds, dares, creative suggestions, messages, comments, ideas, and other materials (collectively, "Content") that are protected by copyright, 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. We grant you the ability to view and access this Content provided that you fully comply with the provisions of these Terms. Bear in mind that Dare neither warrants nor represents that the Content which does not originate with Dare will not infringe rights of third parties. All trademarks appearing on this Site are trademarks of their respective owners. “DareTM” and our other trademarks, slogans, service marks, trade names, and trade dress which appear via the Site are proprietary to us. Our commercial partners, customer, suppliers, advertisers, sponsors, licensors, contractors and any other third parties may also have additional proprietary rights in the Content which is made available on this Site. 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, unless specifically granted the right to do so herein. 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 prior written consent from the owner of such Content to do so. Violators will be prosecuted.
The Site is offered to you solely as an entertainment tool for purposes of enjoyment. IT IS HEREBY CLARIFIED AND ACKNOWLEDGED THAT THE CREATION, ACCEPTANCE AND ACTING UPON ANY "DARES" WHETHER THROUGH THE SITE IS DONE AT YOUR OWN RISK, AND WE WILL NOT BE LIABLE FOR ANY OUTCOME. By using our Site, you voluntarily and knowingly waive, release and forever discharge us, our employees, officers, directors, agents and successors (the “Released Parties”) from any and all actions, claims, demands, liabilities, of any kind, which you have, had, or may have, in connection with the actual use of our services and any "dares" made or accepted through them.
4.COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
We are committed to protecting the rights of copyright rights holders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. If you are a copyright owner or an agent thereof and believe that any user submission or other Content infringes upon your copyrights, you may submit a notification which follows the requirements of the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing: · A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. · Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Site are covered by a single notification, a representative list of such works that appear within the Site; · 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 and information reasonably sufficient to permit the service provider to locate the material; · Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; · A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and · 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 an exclusive right that is allegedly infringed. We will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may notify the owner or administrator of the affected Content so that they can make a counter-notification pursuant to his or her rights under the DMCA. Notices of claimed infringement and counter-notifications should be directed to tour designated agent by email (EULA@dare.me) with the words "Attn: Copyright Infringement Designated Agent" in the subject line.
Please note that except where expressly provided otherwise by Dare, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By transmitting or posting any communications or materials to this site, you agree that Dare or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. Dare and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without the obligation to notify, identify or compensate you or anyone else.
6.THIRD PARTY LINKS AND INFORMATON PROVIDED
The Site may contain information in the form of, but not limited to, articles, advertisements, endorsements, content, third-party opinions and links to third party websites, which are not owned or controlled by us. We do not endorse any such third-party information and such information is solely provided as a convenience to our users and visitors. As such, we also assume no responsibility for the content, privacy policies, or practices of any third party. In addition, Dare will not and cannot censor or make any changes to the property of any third-party site. By using this Site, you expressly release Dare from any and all liability arising from your use of any third-party websites. Dare encourages you to be aware when you have left this Site and to read the terms and privacy policies of the third party websites that you visit.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE”, AND WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
8.LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES RELATED TO THE SUBJECT MATTER OF THIS EULA EXCEED THE AMOUNT OF ONE DOLLAR ($1). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.RELEASE AND INDEMNIFICATION.
YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHODLERS, AGENTS AND AFFILIATES, HARMLESS FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY'S FEES: (I) RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE, THE SERVICES OR THE USER SUBMISSIONS; (II), CLAIMS THAT YOU MAY HAVE THAT ARE RELATED IN ANY WAY TO THE USER SUBMISSIONS, THIRD PARTY MATERIALS, ANY CONTENT FOUND ON THE SITE OR TO ACTIVITIES OR OMISSIONS OF ANY THIRD PARTY; OR (III) RELATED IN ANY WAY TO OR ARISING OUT OF YOUR USE SUBMISSIONS.
10.FEEDBACK FROM YOU.
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies (including dares), website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become our property without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, we may use or redistribute any such submission and its content for any purpose and in any way it deems fit. To provide such submissions or feedback, please email EULA@dare.me._
(i) The laws of Israel, excluding its conflicts of law rules, govern this license and your use of the Site; any controversy, claim, or dispute in connection with, arising under, or related to these Terms shall be settled exclusively in the courts of Tel-Aviv. Your use of the Site may also be subject to other local, state, national, or international laws. (ii) Please note that we reserve the right, at our sole discretion, to revise, modify or change or remove portions or all of these Terms, at any time. (iii) If any provision of these Terms is held to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. (iv) A party’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. (v) The section titles in these Terms are solely used for the convenience and have no legal or contractual significance. (vi) We may assign these Terms to any party at any time. Version: April 16, 2016