Terms and Conditions

This agreement applies as between you, the User of this Web Site and DareMe, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

“Content”             means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“DareMe”          means DareMe Ltd. Address: Tel Aviv, Israel;

“Service”               means collectively any online facilities, tools, services or information that DareMe makes available through the Web Site either now or in the future;

“System”               means any online communications infrastructure that DareMe makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by DareMe and acting in the course of their employment; and

“Web Site”           means the website that you are currently using (www.dareme.live).

 

Intellectual Property

All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of DareMe, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable Israeli and International intellectual property and other relevant laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by DareMe.

Provided that you are eligible to use the Web Site, you are granted a limited license to access and use the Web Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Web Site, the Content and the Marks.

As a user of the Web Site, you agree not to: a) systematically retrieve data or other content from the Web Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. b) make any unauthorized use of the Web Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. c) use the Web Site to advertise or offer to sell goods and services. d) circumvent, disable, or otherwise interfere with security-related features of the Web Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Web Site and/or the Content contained therein. e) engage in unauthorized framing of or linking to the Web Site. f) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; g) make improper use of our support services or submit false reports of abuse or misconduct. h) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. i) interfere with, disrupt, or create an undue burden on the Web Site or the networks or services connected to the Web Site. j) attempt to impersonate another user or person or use the username of another user. k) sell or otherwise transfer your profile. l) use any information obtained from the Web Site in order to harass, abuse, or harm another person. m) use the Web Site as part of any effort to compete with us or otherwise use the Web Site and/or the Content for any revenue-generating endeavour or commercial enterprise. n) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Web Site. o) attempt to bypass any measures of the Web Site designed to prevent or restrict access to the Web Site, or any portion of the Web Site. p) harass, annoy, intimidate, or threaten any of our employees or producers engaged in providing any portion of the Web Site to you. q) delete the copyright or other proprietary rights notice from any Content. r) copy or adapt the Web Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. s) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Web Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Web Site. t) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). l) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Web Site, or using or launching any unauthorized script or other software. m)disparage, tarnish, or otherwise harm, in our opinion, us and/or the Web Site. n) use the Web Site in a manner inconsistent with any applicable laws or regulations.

User Generated Contributions

The Web Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Web Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Web Site and through third-party Web Sites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. b) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Web Site, and other users of the Web Site to use your Contributions in any manner contemplated by the Web Site and these Terms and Conditions. c)you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Web Site and these Terms and Conditions. d) your Contributions are not false, inaccurate, or misleading. e) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. f) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). g) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. h) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. i).your Contributions do not violate any applicable law, regulation, or rule. j).your Contributions do not violate the privacy or publicity rights of any third party. k).your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. l).your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors; m).your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. n).your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Web Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Web Site.

 

Contribution License

By posting your Contributions to any part of the Web Site [or making Contributions accessible to the Web Site by linking your account from the Web Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Web Site.

You are solely responsible for your Contributions to the Web Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Web Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

Social Media

As part of the functionality of the Web Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Web Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Web Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Web Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Web Site. You will have the ability to disable the connection between your account on the Web Site and your Third-Party Accounts at any time.

Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Web Site.

You can deactivate the connection between the Web Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Web Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

Web Site Management

We reserve the right, but not the obligation, to: 

(1) monitor the Web Site for violations of these Terms and Conditions;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Web Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

(5) otherwise manage the Web Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Web Site.

 

Challenge(s) Descriptions And Prices

We do our best to ensure that the information about Challenge(s) is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Challenge(s), or that Challenge(s) will always be available if you wish to place an Order to purchase them.

We reserve the right to modify the information about Challenge(s) displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.

 

Purchases on the Website

To complete a purchase, you first have to place an Order for a Challenge. Then, this Order has to be accepted by us.

To place an Order you must be 18 years of age or over. To place an Order you will have to select the Challenge(s) on the Site, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.

When you place the Order through the Site you will receive an automated email confirming receipt of your Order. The Order Receipt email contains full details of your Order (such as Order No., information on Challenge(s), prices, costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.

When your Order is accepted by us, we send you an email confirming that all, or part, of the Challenge(s).

Once you receive the Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded. Such a contract is composed by: your Order; our Order Receipt and Confirmation emails; the then current Terms and Conditions shall apply.

 

When Orders are not accepted

While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, ; we discover that there was an error on our Site relating to the Challenge(s) you ordered, for example as regards the price or description displayed; the Challenge(s) you ordered are unfortunately no longer available; We have reasonable grounds to believe that you intend to resell the Challenge(s). If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Challenge(s) are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Challenge(s).

 

Cancellation and Refunds

You have the legal right to cancel your contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the confirmation of the contract.

You expressly agree that we may begin supply of the content as part of your Challenge before the end of the 14 day cancellation period referred to in the previous paragraph. You also acknowledge that your legal right to cancel this contract as described in the previous paragraph will be lost when you access our Challenge because, at that point, we will have begun the supply of the content to you as part of the Challenge.

To exercise your legal right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay. To meet the cancellation deadline referred to, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you cancel this contract we will reimburse to you all payment received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.

 

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of DareMe or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

 

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site [ www.dareme.live ] without prior permission.

 

Privacy

For the purposes of applicable data protection legislation, DareMe will process any personal data you have provided to it in accordance Privacy Policy available on the DareMe website or on request from DareMe.

You agree that, if you have provided DareMe with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to DareMe and (2) that you have brought to the attention of any such third party the Privacy Notice available on the DareMe’s website or otherwise provided a copy of it to the third party. You agree to indemnify DareMe in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

 

Disclaimers

DareMe makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

 

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

DareMe accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

Limitation of Liability

To the maximum extent permitted by law, DareMe accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts DareMe’s liability for death or personal injury resulting from any negligence or fraud on the part of DareMe.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@dareme.live. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

 

Law and Jurisdiction

 

These terms and conditions and the relationship between you and DareMe shall be governed by and construed in accordance with the Law of Israel and DareMe and you agree to submit to the exclusive jurisdiction of the Courts of Israel.

 

Legal Notice

 

Disclaimer

The contents of our Internet pages are constantly changing. They have been created with the greatest possible care. Nevertheless, no guarantee can be given for the completeness or correctness of the contents. DareMe shall not be liable for any damages resulting from the use of the information and data on these internet pages, except in the case of intent or gross negligence on the part of DareMe.

DareMe does not assume any liability or guarantee for the content of internet pages which are directly or indirectly referred to on our homepage. DareMe does not adopt as its own the contents of the websites of third parties to which reference is made on the DareMe website. DareMe is not responsible for the linked websites, but the operators of the respective websites. Visitors therefore follow the links to other internet sites at their own risk and are subject to the applicable terms of use.

 

Copyright / Trademarks

All pictures, graphics, texts and other information published here as well as their design are subject to copyright protection. Only DareMe is entitled to use this protected content, unless otherwise stated. Reproduction and/or duplication is only permitted with the written consent of DareMe.

In particular, it is not permitted to copy images or layouts from this homepage and to use them for own purposes. The DareMe logo and the word element DareMe are protected names and trademarks of DareMe.  In addition, DareMe owns a large number of other protected trademarks. The use of trademarks of DareMe is only permitted with prior written consent.

 

Owner Details

DareMe,

Tel Aviv, Israel,

info@dareme.live

www.dareme.live