Dared My Best Friend

Terms of Service

Thank you for playing with us!

These Terms of Service (“Terms”) apply to your access to and use of the websites, text games, and other online products and services (collectively, the “Services”) provided by Dared My, LLC (“Dared My Best Friend” or “we”). By using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.

Your Account and Responsibilities
You’re responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

Your use of the Services must comply with any listed rules.

You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.

If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case the words “you” or “your” in these Terms include that other person or entity.

To use our Services, you must be at least 13 years old.

User Content on the Services
Dared My Best Friend may review your conduct and content for compliance with these Terms and our rules, and reserves the right to remove any violating content. If you post any content that includes hate speech or threats of violence it will be removed, and you will be banned from using the Services.

You agree not to use the Services to collect, upload, transmit, display, or distribute any content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (c) that is harmful to minors in any way; or (d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

You agree not post or transmit any material which contains any virus or other disabling devices which (a) interferes or may interfere with the Services; (b) alters or deletes any information which you have no authority to alter or delete; (c) overloads the website by spamming or flooding it. You will not use any device, routine or software to crash, delay, or otherwise damage the operation of this website. You will not use the website in a manner that could damage, disable or impair the Services. You will not attempt to gain unlawful or unauthorized access to the Services, other resource material, computer systems or networks connected to any server associated with the Services through hacking, password mining or any other improper or illegal means.

Rights and Ownership
Dared My Best Friend gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services. The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, other users’ content on the Services, or Dared My Best Friend trademarks, logos or other brand features.

We may stop providing the Services or any of its features within our sole discretion.

Termination
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the US and other countries, where you may not have the same rights and protections as you do under local law.

You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

Authorization to Contact You
You agree that Dared My Best Friend and its third-party service providers may contact you using email, autodialed or prerecorded calls and text messages, at any email or telephone number that you have provided to Dared My Best Friend. You agree that we may contact you to (1) provide the Services to you; (2) inquire about your experience using our Services; and/or (3) for marketing purposes, including any offers or promotions related to the Services. Dared My Best Friend may monitor or record telephone conversations for quality control, training purposes or for its own protection. If you opt out of receiving messages, you understand and acknowledge that you may not receive the full value of Dared My Best Friend’s Services. Additional information regarding our information collection and usage practices can be found in our Privacy Policy.

Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Dared My Best Friend, and our officers, directors, agents, partners and employees from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Dared My Best Friend of any third-party Claims, cooperate with Dared My Best Friend in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that Dared My Best Friend will have control of the defense or settlement, at Dared My Best Friend’ sole option, of any third-party Claims.

Disclaimers — Service is “As Is”
Dared My Best Friend aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Dared My Best Friend doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. Dared My Best Friend does not warrant that the functions contained in the Services will be secure, complete, uninterrupted or error-free, that defects will be corrected, or that files available for downloading as part of the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection. No advice or information obtained from Dared My Best Friend or through the Services will create any warranty or representation not expressly made in this paragraph. Dared My Best Friend may provide Services through third-party websites, provide information about third-party products, services, activities or events, or allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations don’t allow the disclaimers in this paragraph and so they might not apply to you.

Limitation of Liability
We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Dared My Best Friend in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.

In countries where exclusions or limitations of liability are allowed, Dared My Best Friend won’t be liable for:

  • Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Dared My Best Friend has been advised of the possibility of such damages.
  • Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Dared My Best Friend for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.

Resolving Disputes; Binding Arbitration
We want to address your concerns without needing a formal legal case. Before filing a claim against Dared My Best Friend, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at legal@definitelyreal.com. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal arbitration.

You and Dared My Best Friend waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Any dispute arising hereunder shall be resolved solely through binding arbitration conducted in Los Angeles, California under and pursuant to the commercial arbitration rules of the American Arbitration Association (“AAA”) and will be governed by the Consumer Arbitration Rules available at www.adr.org. It is agreed that the arbitration shall be before a single arbitrator familiar with entertainment and intellectual property law and that proceedings will be held in San Francisco, California. Any award shall be final, binding, and non-appealable. No matter relating to the arbitration (including but not limited to, the testimony, evidence or result) may be (a) made public in any manner or form, (b) reported to any news agency or publisher and/or (c) disclosed to any third party not involved in the arbitration.

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Dared My Best Friend will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email of your request to legal@definitelyreal.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the next section regarding “Governing Law and Venue.”

If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

Governing Law and Venue
These Terms and any dispute that arises between you and Dared My Best Friend will be governed by California without giving effect to any conflict of law principles. Any dispute between the parties that’s not subject to arbitration will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco, California.

Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Amendments
We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.

Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous
Dared My Best Friend’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and our Privacy Policy, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.