Welcome to Monsterdare.com, the destination for friends to create fun Dares for money or
glory. It is a fun place where you can create or participate in challenges with your friends (or
the general public), meet new people and brag a little bit (the "Monsterdare Service").
Monsterdare.com aims to offer its member community an automated platform (the
"Platform") that allows members to interact with each other by replicating small Dares (the
"Dares"), that they would do in real life, with the convenience of the internet and/or mobile
technology, upload video of themselves completing these Dares (the "Proofs"), and possibly
gain notoriety. The stakes in these Dares can be money or no money ‘Gentlemen’s Honor’.
Monsterdare.com processes the monetary settlement on behalf of its members at the end of a
Dare (based on what they claim the outcome was.)
This page contains important information explaining your rights to access and use the
Monsterdare.com website (the "Website"). By accessing this Website and/or by clicking the
"I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS", you represent that
you have read these Terms & Conditions in their entirety, understand the Terms &
Conditions, and you confirm your agreement to be bound by the following Terms &
Conditions.
These Terms of Service together with any other additional rules, terms and conditions that
appear on the Website or that specifically relate to and govern any particular event, game,
Software or tournament, constitute a legally binding agreement between Dare TV Ltd and
you the player (the "Terms of Service"). Please refer in particular to the Privacy Policy.
Please read these Terms of Service carefully before using the Website. [If you do not agree
to any of the Terms of Service, please do not use the Website.]
[If you have any questions about these Terms of Service, we would encourage you to seek
independent legal advice. These Terms of Service contain important provisions that limit and
define your and our legal rights and obligations if you choose to visit, or use, any features of
the Website.]
Monsterdare.com is operated by Dare TV Ltd. (‘Dare TV’, 'We'), a limited liability company
registered in England and Wales, number 6048274. Our registered office is at Unit 11, The
Turnmill 63 Clerkenwell Road, London EC1M 5NP United Kingdom.
Dare TV reserves the right to modify and update these Terms of Service at any time with or
without notice to you, and it is your responsibility to review these Terms of Service from
time to time for any changes. Your use of the Website following any amendment of these
Terms of Service will signify your assent to and acceptance of its revised terms.
1. Use of the Monsterdare Service
1.1 All content of the Website is for your personal, non-commercial use only.
1.2 The Monsterdare Service and related resources, including, without limitation, the
Platform, download areas, communication functionality and information relating to
the Dares (collectively "Services") provided to you by Dare TV via the Website are
subject to these Terms of Service.
2. Acceptance of the Terms of Service
2.1 You must be 18 years of age to sign up for and use the Services, even for its basic,
post comments or Dares. Providing false information relating to age, name and
address may also constitute an offence. Dare TV reserve the right to report any person
supplying false information on the Website to the relevant authorities.
2.2 You are solely responsible for regularly reviewing these Terms of Service. The most
current version of the Terms of Service can be reviewed by clicking on the "Terms
and Conditions" hypertext link located on the Website. Your continued use of the
Website after a change or update has been made to the Terms of Service will
constitute your acceptance of such change or update.
3. User Account, Password and Security
3.1 As part of the registration process, before using the Service, you must open an
account by completing the required registration process. This will include providing
Dare TV with current, complete and accurate information, including, without
limitation, your email address.
3.2 In consideration of your use of the Website, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by our account
activation form and (b) maintain and promptly update such account information to
keep it true, accurate, current and complete.
3.3 Dare TV will use reasonable efforts to check the accuracy of registration details for
users creating or participating in Dares for money, and, if you provide any
information that is untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such account information is untrue, inaccurate, not
current or incomplete, Dare TV reserves the right to refuse to accept the registration,
or to suspend or terminate your account and refuse any and all current or future use of
the site or any portion thereof. As part of the account activation process, you must
certify that you are 18 years of age or older.
3.4 When opening an account, you will be asked whether you have read and agree to
abide by these Terms of Service. If you answer "yes", and have appropriately
answered all questions, your account will be activated and we will permit you to
access the designated pages of the Website for use only in accordance with these
Terms of Service. If you answer no, then your account will not be activated and you
will not be permitted to access any such pages. Dare TV reserves the right to decline
to activate an account for any person for any reason.
3.5 You will be asked to select a username and password. Your user/account name must
be unique and we may refuse to grant you a username that impersonates someone
else, infringes any trade mark or other proprietary rights of a third party, or is vulgar,
offensive or otherwise inappropriate, as determined by us in our sole discretion. You
must have a password and user ID to access certain designated areas of the site once
your account is activated. Your user/account name can only be used in accordance
with these Terms of Service.
3.6 Your membership is personal to you and you may not transfer or make available your
username and password to others and you may not use anyone else’s account at any
time.
3.7 You are entirely responsible for maintaining the secrecy of your username, password
and account and you have sole responsibility for any and all activities that occur
under your account. You remain liable for losses incurred by yourself or a third party
on your Dare TV account.
3.8 You agree to immediately notify Dare TV of any unauthorised use or theft of your
password or username or any other breach of security. Dare TV cannot and will not
be liable for any loss or damage incurred as a result of someone else using your
password or account, either with or without your knowledge.
3.9 Dare TV reserves the right to cancel your account without refund if it becomes aware
that you have disclosed your account details and password to a third party.
3.10 You agree to indemnify and hold harmless Dare TV from any claim, demand,
damage, or loss including reasonable attorneys’ fees, asserted by any third party due
to or arising out of your use of the Services or use by any third party accessing the
Services using your account.
4. Description of the Services
4.1 Once you have set up an account, you ( the "Sponsor") are entitled to post a Dare on
the Website (a "Public Dare"), or sends a private Dare to another user (a "Private
Dare"), this Dare will refer to an event for the outcome of which the Sponsor and the
user who agrees to accept the Dare (the "Dare Matcher") will compete. The event
can have only one winner.
4.2 The Dare details should include:
4.2.1 The title of the Dare;
4.2.2 A description of the event on the outcome of which the Dare depends (the
"Dare Description");
4.2.3 The required Proof of completion (e.g. video proof);
4.2.4 For private Dares, the amount of money each user will stake to be able to
submit a Proof and vote on the winner;
4.2.5 The time by which users must upload Proofs;
4.2.6 The time within which all parties must vote on the outcome of the dare on
the Website (the "Voting Period"); and
4.2.7 The award that the registered user will receive upon successful completion
of the Dare (the "Prize") or the amount of money which will be won upon
successful completion of the Dare (the "Dare Pot").
4.3 You agree to appoint Dare TV as your agent: (i) for the communication of Dares; and
(ii) for communication of acceptances of Dares.
4.4 You are entirely responsible for the information that you provide to us concerning the
Dare you post. Dare TV will not enquire into the reasonableness of any Dare you
may post. Dare TV will not be liable for incorrect entries made by you on the
Website, including data input errors with respect to the odds or stake on offer.
5. Posting a Dare
5.1 Once a Sponser posts a Public Dare, the Dare is open for acceptance by another user,
or users – in the case of multiplayer dares.
5.2 Your Dare may be posted on the Website in isolation or in combination with other
Dares. Dare TV will not reveal your personal data to other registered users as the
originator of the Dare unless required to do so by law or otherwise in accordance with
the provisions of the Dare TV Privacy Policy. Other registered users will be able to
see some information relative to you on the Website, including your username and
Monsterdare Winnings, as defined below. In addition you may, if you wish, post
additional information for other registered users to see on your personal profile page,
including an image.
5.3 A Dare posted on the Website remains open for matching by any of the registered
users (unless it is a Private Dare open only to invitees). You may not expose Dares
that are intended to be Private Dares. Only registered users of the Website may
accept dares. If you accept a Dare, you agree to the terms posted by the Sponsor. In
no circumstances will Dare TV accept a Dare.
5.4 A posted Dare will only remain valid and open for acceptance if it is made in
accordance with these Terms of Service. Dare TV reserves the right to refuse or void
and refund a Dare posted on the Website without giving prior notice. Your Dare must
be related to an event on which you are directly participating, and cannot be on any
third party event, including, but not limited to, sporting events or competitions. No
Dare can be dependant on the outcome of a race, competition or other event or
process, or the likelihood of anything occurring or not occurring, or whether anything
is true or untrue.
5.5 You will only be allowed to post a Dare on the Website if you are in compliance with
these Terms of Service. If Dare TV allows you to post a Dare and subsequently
suspects that you are or were, at the time of making the Dare, in breach of these
Terms of Service, we may, at our absolute discretion, withdraw your Dare from the
Website, void any Dares outstanding to your account and terminate your account.
5.6 Once you have posted a dare, you agree to leave that dare open for acceptance,
subject to termination of the offer by Dare TV or your valid cancellation of the Dare
in accordance with Clause 9 below.
5.7 Dare TV may determine, at our absolute discretion, when the Website is open for the
posting of Dares, and may close the Website at any time at our absolute discretion.
6. Matching Dares
6.1 You may use the Website to accept or "match" Dares that are posted on the Website.
You can obtain details of what Dares are available either by visiting the Website or by
receiving emails from Dare TV alerting you to such Dares.
6.2 When you match a Dare as posted on the Website, you are not entering into an
agreement with Dare TV, but with the other registered users who use the Website.
6.3 You may not invite or entice people who are not allowed to participate in a Dare
pursuant to these Terms of Service to accept or match a Dare, including (but not
limited to) inviting persons under 18 years old to Dare for Pennies.
6.4 Matching a Dare on the Website constitutes full acceptance of the Dare terms under
which the Dare Matcher will execute the Dare, and commitment to perform the Dare.
By matching a dare you also warrant that the terms and conditions for determining a
winner, as written in the ‘Dare Description’ are understood clearly by you. Once you
have matched a Dare, you are entitled to withdraw your acceptance of the Dare at any
time up to the time the Dare is due to commence.
6.5 While Dare TV will attempt to ensure that Dares are correctly displayed and are
accurately listed as outstanding, we do not guarantee that every Dare listed as
outstanding on the Website, or received by you via email, will be available for your
acceptance. All or part of a Dare displayed on the Website as available on the
Website may be successfully cancelled by the Sponsor, or matched by another
customer before your acceptance is processed by the Website. In this case, you will
not be able to match the dare and your stake will not be subtracted from your account.
6.6 Dare TV may determine, at our absolute discretion, when the Website is open for the
matching of Dares, and may close the Website at any time at our absolute discretion.
7. Cancelling Dares
7.1 Once a Sponsor’s Dare is posted on the Website, the Sponsor has the right to cancel
and withdraw the Dare at any time. Any stake placed on the dare is returned in full.
7.2 Unmatched dares posted on the Website may be cancelled and withdrawn at any time,
unless and until they have been accepted. The cancellation of an unmatched dare
becomes effective when your instruction to cancel is successfully received and
processed by the Website. In the event that the Website fails to receive and process
the cancellation in good time, you acknowledge that your dare will remain
outstanding and available for acceptance.
7.3 If you attempt to cancel an unmatched Dare, you may not be able to do so if a user
has accepted your dare in the interval between your submission of the cancellation
request and that request being processed by the Website. In these circumstances, your
original Dare will be deemed to have been validly matched.
8. Payment, Winning and Dispute Resolution
8.1 The entering into of Dares for money may be illegal in the jurisdiction in which you
are located. If so, you are not authorised to complete any transactions on the
Websites.
8.2 Once you have set up a user account, you can post Dares and add money to your
account. Funds are held by Dare TV on behalf of its users in an escrow account ( the
"Escrow Account"). Any monies which you win by taking part in other users’ Dares,
i.e. by winning a dare and the money in the Dare Pot, will be credited to your account
(your "Monsterdare Winnings").
8.3 In line with the non-commercial and community spirit of the Service, the maximum
funds you may upload into your account is £250 for any rolling 30 day period for any
one user. Dare TV has the right to change this limit at any given point in time. You
will not attempt to circumvent this in any way (e.g. by creating multiple accounts).
You will not attempt to use the Service to deliberately transfer money from one
account to another by colluding with another user in respect of the outcome of a Dare.
8.4 Dare TV requires a minimum initial upload of £5 into your account to ensure that we
limit our payment fees. Money’s withdrawn ("Withdrawals") will be subject to a
withdrawing fee of 4% to cover our payment vendor expenses.
8.5 Once a Dare has been completed, the outcome of a Dare is decided when the users
involved in the Dare vote and hence agree on a winner.
8.6 Dare TV reserves the right to disqualify user votes and User Submissions if it
determines, in its sole discretion, that a voter is inappropriately rating videos in order
to intentionally skew results. Special voting privileges may be issued based on
participation with the site. Dare TV reserves the right to disregard highest and lowest
votes in a consistent manner and/or take other steps in an effort to maintain the
integrity of the voting process in its reasonable judgment.
8.7 Once a winner is determined by voting, that instruction is recorded by Dare TV. Dare
TV will record the outcome and, if the Dare is for money, disburse the funds from the
losers’ Escrow Account to the winners’ Escrow Account accordingly, and/or to a
charity of their choice (if the Sponsor has explicitly designated one in the relevant
step while creating a Dare). In return for this service, Dare TV take a 10%
commission from each Member’s winnings at the end of a Dare (the "Commission").
Dare TV reserve the right to change this Commission at any time. The Commission
will deducted from funds held in the Escrow Account held by Dare TV on behalf of
their users. All users’ funds credited to Dare TV will be held in a separate account
owned by Dare TV (‘Client Account’) to ensure that there is a clear separation
between the user monies held in the Escrow Account and Dare TV’s operational
funds held in the Client Account.
8.8 If only one registered user votes for the result, that registered user’s vote is regarded
as the correct result and winnings will be paid accordingly at the end of the Voting
Period specified in the Dare. Any attempt to vote after the end of the Voting Period
will not be accepted and will be null and void.
8.9 If a party to a Dare does not vote on the result, and the Dare Winnings are paid to
another registered user based on the voting tally, the transfer of funds is final.
8.10 You will not use the Monsterdare Service to make money in a professional,
commercial or systematic way. You may not deposit funds in the Escrow Account
that are acquired in an illegal or unlawful manner.
8.11 Dare TV may suspend, at its sole discretion, any user who attempts to deposit or
withdraw money in a fraudulent way, and has the right to retain any of that users’
funds remaining in the Client Account as compensation for Dare TV or any other
users. If someone has been caught cheating, Dare TV may use any of their remaining
funds to reimburse other participants to that Dare and suspend or terminate the
offending users’ membership immediately. Examples of cheating include lying about
the outcome of an event or engaging into a Dare with friends for the purpose of
creating a majority so that a controlling vote is guaranteed to prevent contestation
and/or cancellation of the Dare.
8.12 You hereby warrant that all and any information that you submit to Dare TV is and
will be true and accurate (including, without limitation, your billing information such
as credit card number and expiration date), and you agree to pay all fees you incur,
plus all applicable taxes (which may be payable on your winnings), using the
Services. You agree to promptly notify Dare TV if any of the information you have
supplied changes. You authorise Dare TV, at any time, to use any means that we
consider necessary to verify your identity (including age) and creditworthiness with
any third party providers of information or by requesting documentation from you.
8.13 In the event that your account is cancelled, for any reason, Dare TV reserves the right
to deduct from your Escrow Account such amounts it requires to compensate users
who have been negatively affected by your actions. The remaining funds in your
account will be returned to you.
8.14 In the event of a dispute arising between Dare TV and a registered user, our customer
service staff will attempt to reach an agreed resolution. Should our customer service
staff not be able to reach an agreement with you, our senior management and/or
Board of Directors may intervene to resolve any outstanding grievance or, if
appropriate, the Independent Challenge Arbitration Service may be called upon to
adjudicate.
9. Contests
9.1 At any time, Dare TV may post Dares on the Website, which may be accepted or
matched by registered users ("Contests"). Dare TV will in its sole discretion set the
amount in the Dare Pot.
9.2 Registered users who match the Dares posted by Dare TV are deemed to have entered
the Contest. Contests are offered, if ever, at the sole discretion of Dare TV during the
periods posted on the Website subject to these Terms of Service and any additional
rules and guidelines that may be published under the Contest Rules, as posted on the
Website. Users are required to check Contest Rules for changes.
9.3 Upon matching, carrying out the Dare and posting Proof of the Dare, Dare TV may in
its sole discretion award the Dare Pot or another Prize to the registered user(s) who
successfully completed the Dare (the "Prizewinner(s)").
9.4 Upon Dare TV’s request, Prizewinners agree to submit proof of eligibility to enter the
Contest, a manually signed version of these Terms of Service for each person shown
or depicted in the winning User Submission, and all other appropriate documentation
as may be requested by Dare TV. If you are chosen as the winner of a Contest, you
hereby consent to the use of your image, voice, likeness and persona without
compensation for any and all publicity and advertising purposes, and you hereby
release Dare TV from any and all claims arising from such use. If you fail to provide
such information, documentation or consent, Dare TV reserves the right to deny you
any Prize and award them to another participant.
9.5 Any contest is void where prohibited by law. Prizewinners are responsible for all
taxes associated with Contest Prizes. A list of winners may be obtained after each
Contest ending date by written request. If at any time Dare TV is unable to operate
any Contest as planned (for example due to financial or administrative difficulties,
fraud or technical failure such as a computer virus/bug or other form of unauthorised
intervention that corrupts the administration, security, fairness, integrity or proper
conduct of any Contest), Dare TV reserves the right, in its sole discretion, to suspend,
modify or terminate such Contest. In the event of any such termination prior to the
end of the Contest term, notice of such termination will be posted on the Website.
10. User Submissions
10.1 As Proofs of the Dares, users may upload and submit video evidence of the Dare
being carried out ("User Submissions").
10.2 Dare TV’s representatives may monitor the User Submissions on the Website. Dare
TV does not monitor all of the third party content on the Website.
10.3 Dare TV does not endorse, approve, or prescreen any User Submissions or third
party content on the Website, or the views, opinions, recommendations or advice
expressed therein. Dare TV does not assume any responsibility to review, nor does it
assume any responsibility for, the accuracy, usefulness or safety of the content of any
User Submission or third party content on the Website, no matter the source. Dare
TV expressly excludes, to the maximum extent permitted by law, liability for any
User Submissions or third party content on the Website.
10.4 You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent and warrant the following:
10.
4.1 You have not and will not engage in any of the following in connection
with the production of, your appearance in, or contribution(s) to your User
Submission: infliction of injury or emotional distress to any person or
animal, humiliation of any person (whether public or private), assault or
battery of any person, damage to any property without permission, entry
onto any private property without lawful permission, or any other activity
that may result in injury, death, property damage, and/or could give rise to
civil and/or criminal liability.
10.
4.2 The User Submission does not contain: (i) material falsehoods or
misrepresentations that could harm Dare TV or any third party; (ii) content
that is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing or encourages conduct that would be considered a criminal
offense, give rise to civil liability or violate any law; (iii) advertisements or
solicitations of business; or (iv) impersonations of third parties, other than
those which are readily apparent.
10.
4.3 You have the written consent of each and every identifiable natural person
in the User Submission to use such persons name or likeness in the manner
contemplated by the Website and these Terms of Service, and each such
person has released you from any liability that may arise in relation to such
use.
10.
4.4 Where applicable, you have obtained all consents, and possess all
copyright, patent, trade mark, trade secret and any other proprietary rights,
or the necessary licenses thereto.
10.
4.5 The User Submission and Dare TV’s use thereof will not infringe any
rights of any third party, including but not limited to any Intellectual
Property Rights.
10.5 You agree to defend, indemnify and hold harmless Dare TV and its owners,
managers, employees and agents from and against any claim, cause of action,
liability, loss or harm caused by or arising from your breach of any of the foregoing
warranties and representations.
10.6 Dare TV has the right, but not the obligation, in its sole discretion, edit, reject or
remove any User Submissions on the Websitewhich Dare TV believes to be contrary
to these Terms of Service.
10.7 In relation to the User Submissions and any materials, in whatever format or media,
you post or otherwise provide to the Website, you hereby grant Dare TV a royaltyfree,
perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce,
modify, publish, edit, translate, distribute, perform, display, make derivative works of
and otherwise exploit, such User Submission, and to publicly display your name,
voice, and/or likeness as contained in your User Submission, in whole or in part, and
in any form, media or technology, whether now known or hereafter developed,
including all promotion, advertising, marketing, merchandising, publicity and any
other ancillary uses thereof, and including the unfettered right to sublicense such
rights, in perpetuity throughout the universe. You expressly acknowledge that Dare
TV will not pay you for your User Submission. Dare TV may remove your User
Submission from the Site at any time. For each User Submission, you represent that
you have all the rights necessary for you to grant the licence contained in this
paragraph. User Submissions are deemed non-confidential and Dare TV shall be
under no obligation to maintain the confidentiality of any information, in whatever
form, contained in any User Submission.
11. Ownership of Intellectual Property Rights
11.1 The contents of the Website, along with any associated software, and all Intellectual
Property Rights (as defined below) related thereto, are the exclusive property of Dare
TV and its licensors. Except as explicitly provided herein, nothing in these Terms of
Service shall be deemed to create a licence to you in or under any such Intellectual
Property Rights, and you agree not to sell, licence, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create
derivative works from any materials or content accessible on the Website.
11.2 The contents of the Website may not be manipulated, edited, reproduced, performed,
republished, posted, transmitted, sold, transferred or otherwise distributed or
exploited in any manner whatsoever from the Website without our prior written
consent, which may be withheld in our sole discretion. Any manipulation of the
Website or any portion thereof, or use of any of the content for any other purpose
constitutes an infringement of our Intellectual Property Rights. Use of the content or
materials on the Website for any purpose not expressly permitted by these Terms of
Service is strictly prohibited.
11.3 "Intellectual Property Rights" means all patent rights, copyright rights, mask work
rights, moral rights, rights of publicity, trade mark, trade dress and service mark
rights, goodwill, trade secret rights and other intellectual property rights as may now
exist or hereafter come into existence, and all applications therefore and registrations,
renewals and extensions thereof, under the laws of any country, territory or other
jurisdiction, relating to the Website, or any contents or materials related thereto.
12. Restrictions and Conditions of Use
12.1 As a condition of your use of the Services, you will not use the Services for any
unlawful or prohibited purposes. By way of example, and not as a limitation, you
agree NOT to:
12.1.1 Place Dares on unlawful or illegal events or to stimulate other people to do
things that are unlawful or against their will.
12.1.2 Post, publish, distribute and/or disseminate any harmful, obscene, indecent,
unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful,
or racially, ethnically or otherwise objectionable material or information.
12.1.3 Use other users’ personal information for purposes other than establishing
contact that is reasonably expected to be welcomed by such other users.
12.1.4 Submit information or material of any third party without such third party's
prior written consent, or information or material that falsely expresses or
implies that such information or material are sponsored or endorsed by
Dare TV.
12.1.5 Post Dares with a Dare Pot exceeding £250;
12.1.6 Attempt to use this Platform for spread betting.
12.2 You may not use the Services in any manner that could damage, disable, overburden,
or impair any Dare TV server, or the network(s) connected to any such server, or
interfere with any other party’s use and enjoyment of any Services. You may not
attempt to gain unauthorised access to any Services, other accounts, computer
systems or networks connected to any Dare TV server or to any of the Services,
through hacking, password mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available through the Services. You may not reverse engineer, decompile or
disassemble any Software, including any proprietary communications protocol used
by such Software.
13. Termination of Account
13.1 Dare TV has the right to terminate the Services or suspend your account if it believes
you are in breach of these Terms of Service.
13.2 You have the right to cancel, your account or a particular subscription at any time.
You understand and agree that, except as expressly provided by law, the cancellation
of your account or a particular subscription is your sole right and remedy with respect
to any dispute with Dare TV or its affiliates.
13.3 Dare TV reserves the right to collect fees, surcharges or costs incurred before you
cancel your account or a particular subscription. In the event that your account or a
particular subscription is terminated, you will have no further access to your account
or anything associated with it
14. Third-Party Websites
14.1 The Website may contain advertising and sponsorship and other material from third
parties which are beyond Dare TV’s control. Those third parties are responsible for
ensuring that material submitted for inclusion on the Site complies with all relevant
laws and regulations. Dare TV will not be responsible for any error or inaccuracy in
any third party material, nor do we endorse any third parties whose material appears
on the Website.
14.2 The Website may contain links to third party websites that are not owned or
controlled by Dare TV and are not covered by these Terms of Service. Dare TV has
no control over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites nor the actions or omissions of their proprietors
nor for the contents of third party advertisements and sponsorship on those Sites.
Dare TV does not endorse any third party websites which have links from the
Website. If you access those third party websites, you do so entirely at your own risk
14.3 Any charges or obligations you incur in your dealings with third parties are your sole
responsibility.
15. Disclaimer of Warranty; Limitation of Liability
15.1 Your use of the Websites and Services, and the internet is at your sole risk.
15.2 You shall recognise that Dare TV simply provides a platform for its registered users
to create and participate in Dares with other registered users. Those Dares are not
administered by Dare TV and, while we provide tools to help foster trust among
registered users (e.g. rating the Dare Sponsor and/or , posting comments about Dares,
reporting inappropriate content, cancelling Dares, etc.), by participating in a Dare you
accept the rules of the Dare as imposed by the Dare Sponsor, and trust his/her
judgment on how to settle it. Dare TV is in no way responsible for how the outcome
of the Dare is determined by the Dare Sponsor or , at what time this is done, how
registered users settle their dues in Dares for Prizes, or the content of those Dares and
to whom they have been exposed.
15.3 The Websites and Services and all materials, information, software, products and
services included in or available through the Website are provided on an "as is" and
"as available" basis. Use of the Websites and Services is at your own risk. The
Websites and Services are provided without warranties of any kind, whether express
or implied, unless such warranties are legally incapable of exclusion. 32Red provides
the Services on a commercially reasonable basis and does not guarantee that you will
be able to access or use the Services at times or locations of your choosing, or that
32Red will have adequate capacity for the Services as a whole or in any specific
geographic area.
15.4 Without limiting the foregoing, Dare TV do not warrant that the Website is accurate,
reliable or correct; that the Website or the Servicew will meet your requirements; that
the Website or the Services will be available at any particular time or location,
uninterrupted or secure; that any defects or errors will be corrected; or that the
materials are free of viruses or other harmful components. Any materials downloaded
or otherwise obtained through the use of the Website are downloaded at your own risk
and you will be solely responsible for any damage to your computer system or loss of
data that results from such download.
15.5 In no event shall Dare TV be liable in contract, tort, negligence, or otherwise, for any
loss or damage whatsoever arising from or in any way connected with your use of the
Website or Services, whether direct or indirect, including, without limitation, damage
for loss of profits, business or goodwill, business interruption, loss of business
information, or any other pecuniary or consequential loss (even where we have been
notified by you of the possibility of such loss or damage).
15.6 Dare TV shall not be responsible for any damage, loss or injury resulting from
hacking, tampering or other unauthorised access or use of the website or your account
or the information contained therein. You specifically acknowledge that Dare TV
shall not be liable for user submissions or the defamatory, offensive, or illegal
conduct of any third party, and that the risk of harm or damage from the foregoing
rests entirely with you.
15.7 Some jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such jurisdictions, the liability of Dare TV
shall be limited to the fullest extent permitted by law. Nothing in these Terms of
Service shall exclude or limit our liability for death or personal injury resulting from
our negligence or that of our employees or agents
15.8 In any event, you acknowledge and agree that your sole and exclusive remedy for any
any liability relating to or arising out of the Website or these Terms of Service is to
stop using the Website and Services, to cancel your account, and to receive a refund
up to the amount you paid to Dare TV during the thirty (30) days prior to such
termination
16. General
16.1 These Terms of Service are governed by the laws of England. You hereby irrevocably
consent to submit to the exclusive jurisdiction of the Courts of England.
16.2 You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Dare TV arising from these Terms of Service or your use of
the Website and/or Services.
13.3 These Terms of Service are written and are only available in English. If these
Terms of Service are translated into another language the English version will prevail.
16.4 If any provision of these Terms of Service is deemed to be invalid or unenforceable
by a court of competent jurisdiction, including, but not limited to, the warranty
disclaimers and liability limitations set forth above, the invalidity or unenforceability
of such provision shall be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and remainder of these
Terms of Service, which shall remain in full force and effect.
16.5 Dare TV’s failure to enforce at any time any of the provisions of these Terms of
Service shall in no way be construed to be a present or future waiver of such
provisions, nor in any way affect the right of any party to enforce each and every such
provision thereafter.
16.6 These Terms of Service, including the documents expressly incorporated by
reference, constitute the entire agreement between you and Dare TV with respect to
the Website and the Services.
16.7 Dare TV may assign this agreement in whole or in part, at any time.
16.8 Notwithstanding anything else in these Terms of Service, no default, delay or failure
to perform on the part of Dare TV shall be considered a breach of these Terms of
Service if such default, delay or failure to perform is shown to be due to causes
beyond the reasonable control of Dare TV.
17. Privacy Policy
17.1 See the Monsterdare.com Privacy Policy, which is published on our Website, relating
to the collection and use of your personal information. The Monsterdare.com Privacy
Policy forms part of these Terms of Service.