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The legal stuff
Terms & Conditions of Monsterdare.com

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
2. Acceptance of the Terms of Service
3. User Account, Password and Security
4. Description of the Services
5. Posting a Dare 
6. Matching Dares
7. Cancelling Dares
8. Payment, Winning and Dispute Resolution
9. Contests
10. User Submissions
11. Ownership of Intellectual Property Rights
12. Restrictions and Conditions of Use
13. Termination of Account
14. Third-Party Websites
15. Disclaimer of Warranty; Limitation of Liability
16. General
17. Privacy Policy

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 royalty-free, 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.

16.3	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.
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