DAREBUX USER AGREEMENT (TERMS & CONDITIONS)
By using DAREBUX mobile application, you agree to be bound by these Terms and Conditions (this “User Agreement”), whether or not you register as a user of DAREBUX (the “User”). If you wish to become a User and/or want to participate in DARE activity (the “Dare”) please read this User Agreement carefully because It is a legally binding Agreement. Your participation in any Dare activity shall be deemed to be your complete acceptance of the Terms and Conditions herein.
DAREBUX may terminate User Account at any time, with or without notice, (i) for conduct that is in breach of this Agreement; (ii) for conduct that DAREBUX believes is harmful to its business; or (iii) for conduct where the Dare is harmful to the User or any other party.
- Eligibility: User must be at least Eighteen (18) years of age. User represents and warrants that (i) User have the right and authority to enter into this User Agreement; and (ii) he/she abides all of the terms and conditions of this User Agreement.
- Use of DAREBUX: DAREBUX mobile application is for the personal use of individual Users only. DAREBUX mobile application may not be used in connection with any commercial activity or by any organization and/or businesses without prior written consent of DAREBUX.
- Illegal Dares: Illegal Dares on the DAREBUX will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- Account Activity: In order to participate in Dares, User must register for an active DAREBUX user account (“User Account”) via E-mail or Facebook. In order to create a DAREBUX user account, User has to submit identifying information, a password and other information (“Registration Information”). User is responsible for maintaining the confidentiality of the username and password that User designates during the registration process. DAREBUX will not be liable for any loss or damage arising from User failure to comply with this section. User should immediately notify DAREBUX of any unauthorized use of user account.
- How DAREBUX Works: DAREBUX allows Users to dare other Users to take certain actions in exchange for a certain price (“payout”). For example User A sends a Dare to User B to dance in public for a certain price. Now, User B may either accept or decline the Dare. If User B declines, no action is required by both Users and the Payout is no longer payable. If User B accepts the Dare, he/she will have to fulfill the Required Action in order to receive the Payout. Required Action: The User B (“Acceptor”), who accepts the Dare, has to upload a video in which he/she has to complete the Dare. User A must view and verify that User B has completed the Dare. User A now must pay User B the Payout. The game is now over. Proof of Action: The User who creates the Dare does not have to transfer the Payout to the User who takes the Required Action until the other User has submitted video proof to the Creator of Dare. No refund will be allowed after completion of Dare.
- Fees and Charges: DAREBUX will charge the Creator of Dare and Contributors from his/her credit card or debit card account after completion of Dare (i.e. after uploaded video has been verified by the Creator of Dare). After deduction of certain fees, Acceptor is allowed to withdraw such earnings from his/her DAREBUX User Account.
- User Conduct:
7.1 User must not copy or attempt to copy, republish, adapt, make available or otherwise communicate to the public any content, data or information from the App unless express written consent by DAREBUX;
7.2 User must not employ any scraping techniques;
7.3 User must not employ any bots, scripts, plug-ins, extensions or other automated means to register accounts, log in, or post comments;
7.4 User must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, Mobile Application;
7.5 User must not, and must not permit any third party to copy, reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Application;
7.6 User must not use the Application to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public (i) any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in DAREBUX’s sole discretion;
7.7 User must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation including copyright;
7.8 User must not stalk, exploit, threaten, abuse or otherwise harass another User, or any DAREBUX employee; and
7.9 User must not engage in any illegal activity, including without limitation money transfer, fraud, money laundering, conversion or terrorist activity.
If DAREBUX feel that User behavior and Conduct is at any time threatening or offensive, DAREBUX reserve the right to immediately terminate DAREBUX User Account and remove all the contents. User will not be entitled to any refund of unused funds or earnings after termination.
- Rights: DAREBUX shall own all right, title and interest, including all Intellectual Property Rights, in and to the DAREBUX mobile application, the website and the website Links. For the purposes of this User Agreement “Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of any state, country or jurisdiction.
- LIMITATION OF LIABILITY
THE CREATION AND ACCEPTANCE OF THE DARE IS AT THE USER’S OWN RISK. DAREBUX ARE NOT AFFILIATED WITH CREATOR OF DARE IN ANY MANNER. DAREBUX MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE DARE, OR ANY INFORMATION PROVIDED THROUGH THE DARE. DAREBUX ARE NOT RESPONSIBLE FOR ANY DAMAGES, INJURY OR ECONOMIC LOSS ARISING FROM THE DARE INCLUDING DEATH. SHOULD ANY PART OF THE DARE CAUSE DAMAGE OR INCONVENIENCE TO THE USER OR ANYONE CLAIMING THROUGH THE USER, THE USER ASSUMES RESPONSIBILITY AND THE ENTIRE COST FOR THEM.
THE USER WILL INDEMNIFY AND HOLD HARMLESS DAREBUX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AND THIRD PARTIES FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITIES, CLAIMS, JUDGMENTS, SETTLEMENTS, FINES, COSTS AND EXPENSES (INCLUDING REASONABLE RELATED EXPENSES, LEGAL FEES, COSTS OF INVESTIGATION) ARISING OUT OF OR RELATING TO THE USER’S OR ANY THIRD PARTY’S OPERATIONS OR USE OF THE DARE.
- Modifications: DAREBUX may, in our sole discretion, change or modify this User Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Users upon posting of the Modified Agreement. If any modification is unacceptable to the user, its sole remedy shall be to terminate his/her User Agreement. The user’s continued participation in the Dares will constitute binding acceptance of such modifications.
- Credit Card Authorization: By Creating Dare with DAREBUX, User authorize DAREBUX and its agents and employees to transact with User’s bank or other payment gateways on User behalf to obtain the necessary information required to process payment, confirm payment, resolve inquiries and billing disputes, and/or as otherwise required to manage the Contribution. User will bear any fees and fines resulted from any credit card dispute.
- Governing Law: This Agreement is binding to all legal residents of all countries and void where prohibited by law. This User Agreement and any claim hereunder shall be governed by and construed in accordance with the laws of Australia without any conflict of law provisions.
- Warranties: The User warrants that its actions and its participation in the Dare is in compliance with all applicable laws, rules, regulations, and any requirements of governmental authority at all times.
- Entire Agreement: This Agreement constitutes the entire understanding between DAREBUX and the User.