I Dare Not Say Terms of Use

Overview:

Welcome to I Dare Not Say! We are a storytelling subscription that provides our members with access to participate in two party stories, where they can choose to play a role in a story, be an observer in another members story or be a writer, controlling the story itself. ("I Dare Not Say content")

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "I Dare Not Say service," "our service" or "the service" means the service provided by I Dare Not Say for discovering and participating in I Dare Not Say content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

You agree to the Arbitration Agreement and class action waiver described below to resolve any disputes with I Dare Not Say (except for matters that may be taken to small claims court).

1. Acceptance of Terms of Use
   1. These Terms of Use, which includes our Privacy Statement (www.idarenotsay.com/privacy) governs your use of the I Dare Not Say service. By using, visiting, or browsing the I Dare Not Say service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the I Dare Not Say service.
   2. The I Dare Not Say service is provided by RollHD, LLC, or one of its affiliated companies.
2. Changes to Terms of Use. I Dare Not Say may, from time to time, change these Terms of Use, including the Privacy Statement and EULA. Such revisions shall be effective immediately.
3. Privacy. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
4. Communication Preferences. By using the I Dare Not Say service, you consent to receiving electronic communications from I Dare Not Say relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the I Dare Not Say service, or in the "Your Profile" page and will include notices about your account (e.g., change in password, confirmation e-mails and other transactional information) and are part of your relationship with I Dare Not Say. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new I Dare Not Say features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply notify I Dare Not Say of your request. Please review our Privacy Statement (www.idarenotsay.com/privacy) for further detail on our marketing communications.
5. Membership and Ratings
   1. Membership
      1. As a Player. Your I Dare Not Say membership, which may start for free, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access to use the I Dare Not Say service. You agree to choose missions (stories) within the ratings you prefer and to abide the ratings guidelines and provisions set forth in the Ratings section below.
      2. As an Observer. Your I Dare Not Say membership, which may start for free, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access to use the I Dare Not Say service. You agree to choose to only observe missions (stories) within the ratings you prefer and to abide the ratings guidelines and provisions set forth in the Ratings section below.
      3. As a Writer. Your I Dare Not Say membership, which may start for free, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access to use the I Dare Not Say service. You agree to choose to only write missions (stories) within the ratings of the players, shown at the top of each mission. You must abide all the ratings guidelines and provisions set forth in the Ratings section below.
   2. Ratings
      1. What ratings mean. Each mission is rated according to the rating system used by the the MPAA (Motion Picture Association of America) and adherence to that rating by all parties participating is required. You can learn more about these guidelines here https://www.mpaa.org/film-ratings/. I Dare Not Say may adopt more strict guidelines for each rating and may mandate them programmatically or within the ratings guidelines.
      2. Scale. For the purpose of this document and for referring to individual ratings and how they compare to each other, ratings will be applied to a scale where a higher rating is less strict and therefore aligned with an older audience; a lower rating being more strict and aligning with a younger audience. A Rating of G is classified as the lowest rating, where an NR is classified as the highest.
      3. How ratings are chosen. The Creator of the mission may establish a rating for a mission which will reflect their intended rating. The rating of a mission any player can participate in will be established on the player's profile, either by the player if age verification is provided, or by the player's choice, should they choose a lesser rating than their age permits. When a mission is assigned, it is automatically reduced to either the rating of the player or the intended rating, whichever is lower. Writers are required to understand and adhere to the rating of any missions they are assigned. The determined rating of a mission will be visible at the top of the (play) mission page. Writers and players are equally responsible for adhering to the rating posted for missions. Observers accept the mission rating of all missions they are observing. If they don't approve of a mission's rating it is their sole responsibility to opt out of that mission and cease to observe it.
      4. Rating consequences. Memberships of anyone violating the rating guidelines may be terminated without warning, but one or more warnings may be utilized to educate users about rating guidelines and consequences. Administrator discretion will be used to determine the severity of violations and any actions that are taken. Terminated members will lose access permanently to I Dare Not Say services and may not re-apply.
      5. Violence. Depictions of violence are generally restricted to PG and above. The violence in a PG rated mission must not be intense. Violence that is both intense and persistent will generally require at least an R rating. Violence is not prohibited in G rated missions, but if present will be minimal and contextually mild.
      6. Language. Snippets of language that go "beyond polite conversation" are permitted in G rated missions, but no stronger words are present. Profanity may be present in PG rated missions, and use of one of the harsher "sexually-derived words" as an expletive will require at least a PG-13 rating. Multiple occurrences will require an R rating as will the usage of such an expletive in a sexual context.
      7. Substance abuse. Drug use content by an active character or during the timeline of the mission, including tobacco and alcohol where explicitly contextual or persistent, is restricted to PG-13 and above. An otherwise PG mission may be deemed a PG-13 rating for even a momentary drug or alcohol reference, unless it is mentioned in the telling of a past event that enhances the back-story of a main character.
      8. Nudity. Nudity is restricted to ratings of R and above, and anything that constitutes pornography, whether in stills or video, is forbidden. Partial nudity that is sexually oriented will require an R rating.
      9. Sexual content. Sexual content of any kind must be limited to a rating of PG-13 and above.
      10. Contextual Oversight. I Dare Not Say has immenent authority to edit or wholly remove content they believe to be outside the rating established. They may do so at any time, for any reason, to any member and will do so at their sole descression
      11. Illegal Content. Any content that is deemed to be illegal, with regards to ratings or misconduct in any way, may be reported to law enforcement. I Dare Not Say will cooperate with law enforcement voluntarily and may provide transcripts of missions, timelines of use as well as any personally identifiable information available to I Dare Not Say, and may or may not require the issuance of supoena.
   3. Permitted Content
      1. Ratings Fallback. All entries of participation must fall under the rules governed by the Ratings section above. Any other content entered by user must also adhere to and fall within the highest rating of the user profile. In a case where an age cannot be verified, a rating of PG must be maintained.
      2. Additional Expectations. All content between writer and player is expected to remain inside the concept of story telling. Any users using the I Dare Not Say service to pass messages, store notes, chat or communicate using the service or for any other purpose risks permanent revokation of access. Administrators have complete authority to revoke access at any time and for any reason and may do so without warning.
      3. Ownership. The posting of content that is not owned exclusively by the user posting it is forbidden. However, images of or live inclusion of Google Maps or other embedded content that is clearly meant for public consumption and that encourages the user to use the content is the way in which the actual owner intended, is permitted, within legal and enforceable guidelines. The use of any content that is owned by another party must adhere to that party's intellectual and copyright requirements. I Dare Not Say takes no responsibility for violations of the IP or copyright of others by our members.
      4. Embedding of Code. While we may permit the inclusion and control of raw code (i.e. html, css, etc.) the intentional embedding of, or attempt to embed, any code that has function that reaches beyond the strict boundaries of the player experience, is strictly forbidden.
6. I Dare Not Say Service
   1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the I Dare Not Say service, without necessary parental or legal guardian permission. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the cooperation and participation of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. Registering users agree to provide their actual age and that this age is their true age at the time of registration. Unless veirified by some other means, I Dare Not Say will not ask a member for a birthdate to calculate age. Members agree to maintain that age accurately and to update it annually.
   2. The I Dare Not Say service and any content viewed through our service are for your personal and non-commercial use only. During your I Dare Not Say membership, we grant you a limited, non-exclusive, non-transferable, license to access the I Dare Not Say service and view I Dare Not Say content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public display.
   3. We continually update the I Dare Not Say service. In addition, we continually test various aspects of the service, including our website, user interfaces, availability of the service and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole discretion to make changes from time to time and without notice, to any aspect of our company or service.
   4. You agree to use the I Dare Not Say service, including all features and functionalities associated, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or created on the I Dare Not Say service without express written permission from I Dare Not Say and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the I Dare Not Say service; use any robot, spider, scraper or other automated means to access the I Dare Not Say service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the I Dare Not Say service; insert any code or product or manipulate the content of the I Dare Not Say service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the I Dare Not Say service, including any software viruses or any other computer code, files or programs.
   5. The availability of I Dare Not Say content to play, write or observe will change from time to time. The quality of the display of the I Dare Not Say content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. I Dare Not Say makes no representations or warranties about the quality of your playing, writing or observing experience.
   6. I Dare Not Say software is developed by, or for, I Dare Not Say and is designed to enable access through internet ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT BELOW AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE I DARE NOT SAY AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE.
   7. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
7. Passwords and Account Access
   1. All members must create and maintain individual accounts for themselves and is referred to here as the Account Owner. The Account Owner has access and control over the I Dare Not Say account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting I Dare Not Say Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal any personally identifiable information associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
   2. In order to provide you with ease of access to your account and to help administer the I Dare Not Say service, I Dare Not Say implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the I Dare Not Say service, which includes accessing via I Dare Not Say website.
   3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the I Dare Not Say website and not through a hyperlink in an email or any other electronic communication, even if it looks official. I Dare Not Say reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. I Dare Not Say is not obligated to credit or discount a membership for holds placed on the account by either a representative of I Dare Not Say or by the automated processes of I Dare Not Say.
8. Disclaimers of Warranties and Limitations on Liability
   1. THE I DARE NOT SAY SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE I DARE NOT SAY SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. I DARE NOT SAY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE I DARE NOT SAY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. I DARE NOT SAY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AND I DARE NOT SAY SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
   2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL I DARE NOT SAY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
   3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
   4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
9. Intellectual Property
   1. Copyright. The I Dare Not Say service, including all content provided on the I Dare Not Say service, is protected by copyright, trade secret or other intellectual property laws and treaties.
   2. Trademarks. I Dare Not Say is a registered trademark of I Dare Not Say.
   3. Patents. I Dare Not Say may have and or add, at any time, patents that apply to our service.
   4. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the I Dare Not Say service, please notify us in writing (help@idarenotsay.com) and explain your claim.
10. Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
11. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the I Dare Not Say service. These Applications may import data related to your I Dare Not Say account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and I Dare Not Say is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY I DARE NOT SAY AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
12. Use of Information Submitted. I Dare Not Say is free to use any content, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("submitted content"), including responses to questionnaires or through postings to the I Dare Not Say service, including the I Dare Not Say website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the I Dare Not Say service. In addition, you agree not to enforce any "moral rights" in and to submitted content, to the extent permitted by applicable law. Please note I Dare Not Say owns exclusively all gameplay content. Should you agree to participate, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against I Dare Not Say and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you contributed.
13. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please send questions (help@idarenotsay.com). In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
14. Arbitration Agreement
    1. If you are an I Dare Not Say member in the United States (including its possessions and territories), you and I Dare Not Say agree that any dispute, claim or controversy arising out of or relating in any way to the I Dare Not Say service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and I Dare Not Say are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your I Dare Not Say membership.
    2. If you elect to seek arbitration or file a small claim court action, you must first send to I Dare Not Say, by trackable email, a written Notice of your claim ("Notice"). The Notice to I Dare Not Say must be sent to help@idarenotsay.com. If I Dare Not Say initiates arbitration, it will send a written Notice via certified email to the email address used for your membership account. A Notice, whether sent by you or by I Dare Not Say, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If I Dare Not Say and you do not reach an agreement to resolve the claim within 30 days after the Notice is acknowledged or after the 3rd business day of the 3rd attempt to send, you or I Dare Not Say may commence an arbitration proceeding or file a claim in small claims court. Trackable email services exist from 3rd parties such as https://trustifi.com/ or https://mixmax.com/ or https://www.yesware.com/
    3. You may download or copy a form Notice and a form to initiate arbitration online. You will be responsible for any filing fees.
    4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Email Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless I Dare Not Say and you agree otherwise, any arbitration hearings will take place in Broward County, Florida, USA.
    5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
    6. YOU AND I DARE NOT SAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and I Dare Not Say agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
15. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last updated: December 21, 2017

End User License Agreement

BY DOWNLOADING AND/OR USING ANY SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY, "SOFTWARE") PROVIDED TO YOU BY OR ON BEHALF OF I DARE NOT SAY AND ITS AFFILIATED ENTITIES ("I DARE NOT SAY") IN CONNECTION WITH YOUR USE OF THE I DARE NOT SAY SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); (2) YOU UNDERSTAND IT; (3) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; AND (4) YOU MAY RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE SOFTWARE.

1. General

   This License Agreement contains details on your limited right and license to use the Software solely in connection with your use of the I Dare Not Say service. This License Agreement is between you and I Dare Not Say and not any other party.

   The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software is licensed, not sold or given, to you by I Dare Not Say for use only under the terms of this License Agreement and all rights not specifically granted to you herein are reserved to I Dare Not Say and to any third party with ownership rights in software and documentation used in the Software. You may not remove any proprietary notice of I Dare Not Say or any other party from any copy of the Software or documentation.

   The rights granted under the terms of this License Agreement include any software upgrades that replace and/or supplement the original Software.

   I Dare Not Say reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.



2. Permitted Use/Restrictions
   • 2.1 Grant of Limited License. I Dare Not Say grants you a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Software provided to you by or on behalf of I Dare Not Say in connection with your use of the I Dare Not Say service.
   
   
   • 2.2 The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the I Dare Not Say service.
   
   
   • 2.3 The Software is only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.
   
   
   • 2.4   As a condition of the limited license for the Software granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:
     1. publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof;
     2. copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form;
     3. attempt to create the source code from the object code of the Software;
     4. transmit or make the Software available over a network where it could be used by multiple computers or I Dare Not Say ready devices at the same time;
     5. make any third-party software contained in the Software a standalone product;
     6. take any action that will infringe on the intellectual property or other proprietary rights of I Dare Not Say or any third party software provider;
     7. sublicense or assign the Software;
   
   
   • 2.5   If you "uninstall" the Software, you will no longer be able to use the Software to access the I Dare Not Say service.
   
   
   • 2.6   No ownership rights. You have no ownership rights in any Software. Rather, you have a limited license to use the Software as long as this License Agreement remains in effect. Ownership of the Software and all intellectual property rights therein shall remain at all times with I Dare Not Say and/or its licensors. Any other use of the Software by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.



3. Third Party Content/Third Party Software

   • 3.1   Content. Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. Apart from your right to view the third-party content, this License Agreement does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content.
   
   
   • 3.2   Software. There are software programs contained within the Software that have been licensed to I Dare Not Say by third parties. The term "Software" as used herein shall refer to such third party software except where the term Software refers expressly to the ownership or other specific rights of I Dare Not Say. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each third party software program contained in the Software. Certain software programs specified in the licenses referenced in Section 10 ("Notices") below may contain additional grants and/or restrictions.



4. Upgrading the Software
   I Dare Not Say may issue you an upgraded version of the Software automatically upon an instance of your use of the Software or the I Dare Not Say service or otherwise in connection with your use of the I Dare Not Say ready device. Alternatively, I Dare Not Say may require you to consent to an upgrade to the Software ("Software Upgrades") before using, installing or accessing the Software. If you decline the Software Upgrades, you may not be able to use or access the Software or the I Dare Not Say service.




5. Consent to Use of Data
   The Software may provide I Dare Not Say with limited access to your device. Among other things, the Software may provide I Dare Not Say with information related to your use of the I Dare Not Say service, including information regarding your computer system, such as a unique device identifier, your operating system and internet connectivity, and your interaction with the Software. This information will, among other things, enable I Dare Not Say to manage access to the content, allow I Dare Not Say to help you use the Software more effectively, enforce I Dare Not Say Terms of Use and otherwise help I Dare Not Say to enhance and improve the Software and the I Dare Not Say experience. Information obtained by I Dare Not Say will be treated in accordance with our Privacy Policy.




6. Termination
   This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by I Dare Not Say at any time without notice. Further, this License Agreement will terminate if I Dare Not Say finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by I Dare Not Say shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of I Dare Not Say. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement.

   Your ability to use the I Dare Not Say service is subject to your system compatibility with our Software as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.

   Upon the termination of this License Agreement, you shall cease all use of the Software and I Dare Not Say service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.




7. Disclaimer of Warranties and Limitations on Liability
   The Software is provided "AS IS." The Disclaimers of Warranties and Limitations of Liability set forth in the Terms of Use expressly apply to this License Agreement, the Software and the use of the Software. We do not warrant that defects in the Software will be corrected.

8. Notices

   • 10.1   Apple

     If you have downloaded any Software from the Apple iTunes Application Store, the following additional terms apply to such Software:

     1. You agree and acknowledge that Apple is not responsible for the Software and its content. In addition, your use of such Software downloaded from such location is limited to a non-transferable license to use the Software on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or Mac OS X ("Mac Computers"), as applicable (collectively "Apple Device(s)") that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
     
     
     2. Apple has no warranty obligation with respect to the Software and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this License Agreement is the responsibility of I Dare Not Say. Please note that I Dare Not Say has disclaimed all warranties (see section above).
     
     
     3. Apple is not responsible for addressing any claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
     
     
     4. Apple is not responsible for any third-party infringement claims that the Software or your possession and use of the Software infringe a third party's intellectual property rights.
     
     
     5. Third Party Beneficiary: I Dare Not Say and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License Agreement with respect to any such Software, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against you as a third party beneficiary thereof as set forth herein.
   
   
   • 10.3   I Dare Not Say Copyright Notice
     © 2024 I Dare Not Say. All content herein is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and may not be modified, copied or used in any manner without the express permission of I Dare Not Say, which reserves all rights. Reuse of any of this content for any purpose without the permission of I Dare Not Say is strictly prohibited.
   
   
   • 10.4   Facebook
     You agree and acknowledge that Facebook has no responsibility or liability for the Software and its content.



9. I Dare Not Say contact information
   Any questions, complaints or claims regarding the Software shall be directed to help@idarenotsay.com.

Dated: December 29, 2017