Terms and Conditions for Accessing or Using the 52Dares Web Site
The 52Dares Web Site (the “Web Site” or “52Dares.com”) is published, maintained, owned, operated and provided by 52 Dares (“52Dares,” “we,” “us,” “our” or other similar pronouns) and/or its affiliates and subsidiaries for your and others’ personal enjoyment, subject to the provisions of these terms and conditions of use and all modifications hereto (collectively, the “Terms and Conditions”), and the updates rules and/or executed software that may be published from time to time by 52Dares. By accessing, browsing, or using this website, you acknowledge that you have read, understood, ACKNOWLEDGE THAT YOU HAVE OBTAINED LEGAL COUNSEL OR KNOWINGLY DECLINED TO DO SO AND AGREE TO BE BOUND BY THE TERMS OF AND CONDITIONS DELINEATED BELOW and to comply with all applicable laws and regulations. If you do not agree to these terms, you should not use the Web Site.
The Terms and Conditions apply to your use of 52Dares including, but not limited to, any and all related products or services (such as the weekly email) offered, enabled or available through the Web Site by 52Dares (collectively, the “Services”) and any content that you post or otherwise submit via the Web Site (collectively, the “Contribution”). The Services are not available to minors or to anyone under 18 years old. By accessing, using, browsing or registering for Services provided through the Web Site in any way, you (or the entity you represent) ( “you,” “your” or other similar pronouns) are deemed to have accepted and agreed to these Terms and Conditions of use, and you will be bound by the provisions set forth in these Terms and Conditions. 52Dares may change the Terms and Conditions at its sole discretion from time to time and at any time, and without notice to you. All such changes or updates to these Terms and Conditions will appear on 52Dares.com and will be effective immediately upon posting to the Web Site. By using the Web Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. Please regularly check the “Terms and Conditions” link on the home page of the Web Site to view the then-current terms. If you breach any of the Terms and Conditions, your authorization to access or use the Web Site and Services may be subject to termination by 52Dares in its sole discretion. If at any time you choose not to accept and agree to all of these Terms and Conditions of use, please do not use the Web Site.
These Site Terms do not alter in any way the terms or conditions of any other agreement, including, but not limited to, a click-through arrangement you may have with 52Dares.com, or its subsidiaries or affiliates, for products, services or otherwise.
These Terms are in addition to any terms that may apply to Members or Users or producer/directors under a distribution, license, sale agreement, independent contractor agreement or terms, or other applicable agreements and terms. Where this site or part of this site contains rules, guidelines, codes of conduct, further terms or other directions to Members, each Member undertakes that they shall also comply with such rules, guidelines etc. In the event of any conflict or inconsistency, the Terms of any additional agreement shall prevail, where conflicting. If you do not agree to any of these Terms (or any such other rules, guidelines etc.), you may not use this site.
These Terms may contain provisions, which contemplate functionalities or Services that are not (and are not intended to be) available through this site. To the extent that any provision of these Terms relates solely to such functionalities or Services, they shall be of no force or effect and shall not affect the validity of the other provisions.
While 52Dares uses reasonable efforts to include accurate and up-to-date information on this website, 52Dares makes no warranties or representations as to its accuracy. 52Dares assumes no liability or responsibility for any errors or omissions in the content of this website.
Modifications to Services
THEREFORE, FREQUENT REVIEW OF THE 52DARES SITE IS STRONGLY RECOMMENDED. 52Dares shall not be liable to you, any user or any third party for any modification, suspension or discontinuance of the Services.
The Web Site and Services are provided to you solely for entertainment and informational purposes. By using the Web Site and Services you agree: to provide true, accurate, current and complete information about yourself as prompted by the applicable subscription form, the contribution form and any registration form(s). As part of any registration process, you may be required to select a user ID (username / email address) and a password. You will be solely responsible for maintaining the confidentiality of your password and other sensitive information and for all usage or activity on your 52Dares user account. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify 52Dares immediately. If any Services provide password-restricted access to your sensitive information, then by accessing or using this Web Site and setting up a password-restricted account for such Services, you consent to 52Dares’ display of such information via such Services and accept all risks of unauthorized access to such information. If any information provided by you is untrue, inaccurate, not current or incomplete, 52Dares reserves the right to terminate your subscription and refuse any and all current or future use by you of the Services.
Without limitation of the foregoing, you agree to use the Web Site or Services only in accordance with these Terms and Conditions, and as some examples of improper activities when accessing or using the Web Site or Services, you agree that you shall not:
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, lewd, indecent, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts or violence, invasive of another’s privacy, or hateful;
- “Stalk” any third party;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a 52Dares official, or falsely state or otherwise misrepresent your identity or your affiliation with a person or entity for the purpose of misleading others;
- Forge or remove headers or otherwise manipulate identifiers, legal or proprietary rights notices, author attributions or other information in order to disguise the origin or source of any Content transmitted to or through the Web Site;
- Use or attempt to gain access to or use another’s account, password, Services or computer systems or networks connected to any 52Dares server or to the Web Site, whether through hacking, password mining or any other means;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary or confidentiality rights of any party;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or bulk communications or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancel bots, or any other computer code, files or programs designed to interrupt, corrupt, disrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
- Collect, harvest, mine or engage in any activity to obtain e-mail addresses, phone numbers, personal information or any other information about others, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that disrupts, inhibits or negatively affects other users’ ability to use and engage in the Web Site or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with, disable, overburden, impair or disrupt the Web Site, the Services or servers or networks connected to the Web Site, or disobey or breach any requirements, procedures, policies, guidelines or regulations of networks connected to the Web Site; or
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
You also agree that you will not harvest, collect or store information about the users of the Web Site or the Content posted by others on the Web Site or use such information for any purpose inconsistent with the purpose of the Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail, communications, or software harmful to any compute system.
You acknowledge that 52Dares is not responsible for material submitted to 52Dares or posted to the Web Site by users. You are solely and entirely responsible for all of your Content that you post or otherwise submit via the Web Site. You shall assume all risks associated with the use of your Content including any reliance on the accuracy, completeness or usefulness of your Content. 52Dares does not pre-screen, monitor, review or edit the Content posted by users. However, 52Dares and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, for any reason including Content that, in 52Dares’ judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. 52Dares is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to 52Dares. By posting or submitting your Content, you represent and warrant that you own or otherwise control all of the intellectual property and other proprietary rights to your Content, including all the rights necessary for you to post or submit your Content. You agree to immediately notify 52Dares of any unauthorized use of the Services or any other breach of security known or suspected by you.
You acknowledge and agree that 52Dares may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 52Dares, its users, its employees or the public.
You understand that the technical processing and transmission of the Web Site and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 52Dares assumes no responsibility for the deletion, alteration or failure to store postings, Contributions or other information submitted by you or other users to the Web Site.
Any or all Content on the Web Site may be purged periodically in 52Dares’ sole discretion. 52Dares does not guarantee the accuracy, integrity or quality of Content. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by 52Dares or submitted to 52Dares, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of 52Dares, and 52Dares does not support or endorse Content (including any Contribution, whether or not edited by 52Dares or its designee or presented Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any user. You acknowledge and agree that by accessing or using the Web Site or Services, you may be exposed to Content from others that is offensive, indecent or otherwise objectionable.
Mobile / Wireless Policy
In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All mobile and wireless charges applicable to your use of the Web Site or the Services are billed by and payable to your mobile service provider.
We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.
Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party without your prior written consent.
Restrictions On Use of Material
The Content on the Web Site and the Services are intended for personal, non-commercial, entertainment and informational purposes only. Except as expressly permitted, you agree not to use the Web Site, Services or Content for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, distribute, sell, rent, lease, license, transmit, adapt or in any way exploit the Content of the Web Site or Services. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site or Services. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, copyright or other proprietary notice, or quote or display Content, or any portions thereof, out of context.
You agree to abide by all additional copyright notices or other restrictions contained on the Web Site. Use of the Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified to access the Content available on the Web Site are not applicable to the design, layout or look and feel of this Web Site. Such elements of the Web Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by 52Dares.
In operating the Web Site, 52Dares does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you or any third party through the Web Site or Services, or in any other way. Any information or material submitted or sent to 52Dares will be deemed not to be confidential or secret or subject to any restrictions in any way. By submitting or sending information or other material to 52Dares you represent and warrant that the information is original to you, or that you own or otherwise control all of the proprietary and other rights to the information or material, and that no other party has any rights to the information or material.
User’s Grant Of Limited License
Any communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by 52Dares or its affiliates for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, 52Dares is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products using such information. Commercial enterprises seeking to do business with 52Dares should not submit unsolicited confidential or proprietary information to this website.
By communicating with 52Dares, including submitting or sending Content, a Contribution or other information or material to the Web Site, you grant 52Dares the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, copy, edit, modify, adapt, publish, translate, reformat, transmit, create derivative works from, distribute, perform and display such communication, Content, Contribution or information (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such communication, Content or Contribution, worldwide, in any manner or form and for any purpose, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a 52Dares Services feature. You also acknowledge and agree that 52Dares is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of any submitted materials, including any Contribution or part thereof, or other communication to 52Dares.
You also represent and warrant that any “moral rights” in posted materials have been waived.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to 52Dares.com’s or any of its Clients’ names, trademarks, logos, trade dress, designs, or other names, trademarks, logos, trade dress, designs of third parties which appear on the Site.
52Dares.com is a registered trademark of 52Dares.com.
All trademarks, logos, website addresses, product or model names or derivations that describe 52Dares.com or 52Dares.com Affiliate products, support or services or that contain the word “52Dares” that are included in Site content (together, 52Dares.com Marks) are trademarks and/or the property of 52Dares or 52Dares.com Affiliates. Any list of 52Dares.com (or other) trademarks on this site is periodically updated but shall not be taken as an all-inclusive list of 52Dares.com (or other) trademarks.
Any use of 52Dares.com Marks or permutations thereof (except as expressly authorized by 52Dares.com in writing) is strictly prohibited. Other product and company names mentioned in this site may be the trademarks of their respective owners.
Any and all rights not expressly granted herein are reserved.
You may be able to access or link to third parties’ Web Sites (“Linked Sites”) from the Web Site. Linked Sites are not, however, reviewed, controlled, or examined by 52Dares in any way and 52Dares is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. The Linked Sites are provided by 52Dares to you as a convenience and the inclusion of these links does not imply 52Dares’ endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall 52Dares be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites, the information or material accessed-through these Linked Sites or any form of transmission received from any Linked Site. You should direct any such concerns to that site’s administrator or webmaster. 52Dares reserves the exclusive right, at its sole discretion and at any time, to add, change, decline or remove, without notice to you or any user, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to the Web Site. To seek our permission, you may write to 52Dares. We reserve the right, however, to rescind any permission granted by us to link to the Web Site through any type of link, and to require termination of any such link to the Web Site at our discretion at any time.
You agree that if you include a link from any other web site to this Web Site, such link shall: (i) open in a new browser window; and (ii) link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
Contests, Promotions, Simulations or Games
From time to time, 52Dares may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Games”). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of 52Dares. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. 52Dares, at its sole discretion, at any time and for any reason, may suspend or revoke the registration of any Registered User.
Registered Users agree to release 52Dares and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Web Site. 52Dares is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, is subject to immediate disqualification and revocation of their registration. 52Dares is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
52Dares reserves the right to cancel, terminate or alter any Game or the rules thereof at any time and for any reason without prior notification.
Intellectual Property Rights
All materials contained in the Web Site and all Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights of 52Dares and its affiliates or licensors, and any unauthorized use of the Web Site and the Services may violate such rights and these Terms and Conditions. As between 52Dares and you, 52Dares is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto.
We offer the Web Site and the Services only to those who may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable law, statutes and regulations regarding use of the Web Site. The Web Site and the Services offered on or through the Web Site, including any content, software, code, data and materials thereon, are only for your own internal use. You may access and view the content on the Web Site on your computer or other Internet compatible device, but you may not download or save a copy of the Web Site or any portion thereof, for any purpose; provided that you may print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Web Site or Services or any portions of the Web Site or Services, except as expressly authorized herein or in any separate agreement with us. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Web Site or the Services.
All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
If you enroll on 52Dares for Services, you may receive information, such as email content or other communication, that propose an action or actions catered to you, your user profile, or your involvement in the 52Dares community. You should not interpret the Services or any part of the Services as an challenge or provocation to actually perform the proposed action, but rather use the information for entertainment purposes only. Our website is meant to encourage free-thinking and individualized success of lifestyle choices. 52Dares does not and cannot know each and every facet of your life and whether you would benefit from performance of any of the Services.
Editorial Items for 52Dares’ Services are selected by our editors. No one, except advertisers can pay to be featured on 52Dares. We will label advertising as such at our discretion.
That said, on occasion, we will send out “advertorial” emails on behalf of sponsors. You’ll recognize them from the subject line, which will indicate that the email is advertorial. Advertorial emails are paid for by third party sponsors. When you sign up for some services of 52Dares (such as the daily email), you are agreeing not only to get our content delivered to you for free, but also to occasionally receive one of these advertorial emails from our sponsors. If you would prefer not to get these emails, you may unsubscribe from 52Dares’ Services through the Web Site or by sending an email to [info@52Dares.com] (unfortunately, you may not unsubscribe to receiving advertorial emails without also unsubscribing to receiving 52Dares emails).
52Dares will never rent, share, or sell our subscriber lists. In the event that 52Dares is acquired by a third party, we reserve the right to transfer our complete lists and databases, containing personal information of users, to the acquiring company, and in using the Services you consent to such transfer of your personal information.
Disclaimer Of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED BY 52Dares UNDER THESE TERMS AND CONDITIONS “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITATION OF THE FOREGOING, 52Dares SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, 52Dares MAKES NO WARRANTY THAT (i) THE WEB SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE WEB SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR ACCESSED BY YOU THROUGH THE WEB SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE WEB SITE OR THE SERVICES WILL BE CORRECTED. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. 52Dares DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES.
52Dares.com assumes no liability for the use or interpretation of information contained herein. Decisions based on your interpretation of such information are your responsibility. 52Dares.com is not liable for any direct, indirect, special, incidental or consequential damages arising out of the use, or the inability to use, the material on this website. 52Dares DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEB SITE. 52Dares SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE WEB SITE AND THE SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE WEB SITE AND ANY MATERIALS CONTAINED THEREIN AND YOUR PARTICIPATION IN ANY SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 52Dares WILL HAVE NO LIABILITY RELATED TO USER MATERIALS OR CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS.
The materials, information and opinions (which may include User content) included and/or expressed in or on Forums (or via any other means of accessing User content) are not necessarily those of (or endorsed by) 52Dares.com or 52Dares.com Affiliates or related entities. All User content should be considered expressions of opinion only and not statements of fact or encouragement to perform any activity.
Any User content and/or Services you obtain or use, or convey through site use, including use of any Forums, will be at your own discretion and risk and are subject to the disclaimers and liability limitations in these Terms. The security of this site and User content cannot be guaranteed.
You understand that whenever you release personal or other information online – for example, via message boards, 52Dares.com’s chat rooms, blogs, and other Forums – that information can be collected and used by people you do not know. While 52Dares.com makes all reasonable commercial efforts to protect your personal information and privacy, it cannot guarantee the security of any information you disclose online. You make such disclosures at your own risk. Except in relation to personal information submitted by a User for the purposes of accepting a 52Dares.com assignment registration or opening or updating that User’s account (in relation to which 52Dares.com makes all reasonable commercial efforts to protect your privacy), 52Dares.com shall not be liable in respect of (and disclaims all liability in relation to) User content submitted to an area of the site designated as (or expected to be) a private, personal or limited access area of the site which becomes available to persons other than the User who submitted the User content. Similarly, 52Dares.com shall not be liable in respect of (and disclaims all liability in relation to) any non-availability of User content submitted to an area of the site designated as a public area of the site or other Forums where Users other than the User who submitted the User content may gain access to such content.
52Dares.com is under no obligation to become involved in any dispute that you have with other Users or in any incident that you are party to with other Users, or that are affected by or otherwise related to this site.
52Dares.com disclaims all liability relating to any User content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User content and any other User content.
52Dares.com disclaims all liability for unauthorized use (by other Users) of User content, and disclaims (without limitation) all liability for use of User content which breaches any copyright, trademark rights or other intellectual property rights of any other User or person.
User is solely responsible for any damage (including to Site content) resulting from use (or submission) of any User content or the site (including disputes and incidents described in the preceding sections) and related transactions or occurrences.
52Dares.com shall have no responsibility for unauthorized access to User’s account, or automatic forwarding of messages and/or viruses (caused by viruses or otherwise) to persons whose details have been submitted by a User for inclusion in, any on-line address book available through this site.
The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort (including negligence or defamation), strict liability, breach of warranties, or any other legal theory. THE USE OF THE WEB SITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. 52Dares ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEB SITE OR IN CONNECTION WITH ANY SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 52Dares OR VIA THE WEB SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. 52Dares WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE WEB SITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL 52Dares, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY OTHER DAMAGES EVEN IF 52Dares OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH (i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE OR THE SERVICES; (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE OR THE SERVICES; (iii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE WEB SITE OR THE SERVICES; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS, CONTENT OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS WEB SITE; OR (viii) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 52Dares’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Restriction and Termination of Use
52Dares may block, restrict, disable, suspend or terminate your access to all or part of the Web Site and Services at any time in 52Dares’ sole discretion, without prior notice or liability to you. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
You agree to defend, indemnify and hold 52Dares, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your access to and use or misuse of the Web Site or Services (including all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you), (ii) the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you, (iii) any violation of these Terms and Conditions by you, (iv) your infringement of any third party’s intellectual property or other proprietary rights when using or accessing the Web Site or the Services, (v) your access to or use of Linked Sites, or (vi) any dealings between you and any third parties advertising or promoting via the Web Site or the Services. 52Dares reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with 52Dares in asserting any available defense.
Copyrights and Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the 52Dares Web Site do the same. 52Dares will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. 52Dares will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Web Site or on sites linked to from this Web Site or in connection with the Services, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Copyright Agent named below, which must contain the following elements:
- Your username, address, telephone number, and email address, and other information sufficient to permit 52Dares to contact you;
- A description of the copyrighted work that you claim has been infringed and identification of what content in such work is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the alleged infringing material is located on the Web Site;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact only for copyright matters. For all other inquiries, please contact us at info@52Dares.com.
PO Box 400063
Cambridge MA 02140
Applicable Laws / Jurisdiction
You agree that the laws of the Commonwealth of Massachusetts, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site and Services may be subject to other local, state, national, and international laws. The parties agree to make good faith and reasonable efforts to resolve any disputes under this Agreement without the need for litigation. In the event a dispute arises, you expressly agree that exclusive jurisdiction for any claim or dispute with 52Dares or relating in any way to your use of the Web Site and Services resides in the courts of the Commonwealth of Massachusetts, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts, in connection with any such dispute and including any claim involving 52Dares or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate the Web Site and Services from our offices in Cambridge, MA. We do not represent that materials on the Web Site are appropriate or available for use outside of Cambridge, MA. Persons who choose to Web Site and Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to email us at info@52Dares.com.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions without the prior written consent of 52Dares. 52Dares may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions, comments or concerns about these Terms and Conditions, the Web Site, or Services in general, please email us at info@52Dares.com.
We appreciate your time and interest in reviewing our policies at 52Dares.