1. Dopelives Account (Also Known As A Livestream Account)
a dopelives Account (also known as A Livestream Account) ("Account") may be required to access and use some Dopelives Services. If you have questions about Account registration, please contact us by visiting help.dopelives.com, support.dopelives.com (for dopelives products) or dopelives.com/support (for Titanic).
To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Dopelives Service for which you are registering. In addition, some Dopelives Services may require creation of a "user name" or a "persona" to represent you in game and online. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Dopelives will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
"Content" on Dopelives Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from Dopelives Services, as well as the design and appearance of our websites. All Content--with the exception of third party content discussed below in Section 6--is owned by Dopelives or its affiliates, subsidiaries, licensors or suppliers. Content includes user-generated Content ("UGC"). UGC includes but is not limited to Account personas, forum posts, chat posts, profile content and any other Content contributed by users to Dopelives Services. Dopelives Content and UGC collectively shall be referred to as "Content." Dopelives does not pre-screen all UGC and does not endorse, approve, or prescreen any UGC that you and other users may contribute to Dopelives Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Dopelives Services.
Dopelives reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when Dopelives determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in Dopelive's sole and final discretion. To the maximum extent permitted by applicable law, Dopelives does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.
You are solely responsible for your UGC and may be held liable for UGC that you post.
"Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of Dopelives Services and/or products. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.
4. Use and Expiration of Content and Entitlements/General License Restrictions
Dopelives grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Dopelives Services accessed by you. Content and Entitlements and all other intellectual property rights in or on Dopelives Services as well as the products and services offered through Dopelives Services, are owned by Dopelives or Dopelive's third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from a dopelives Service unless you are expressly authorized to do so. In addition, unless expressly authorized by dopelives, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the Dopelives Services you are using.
Dopelives reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of Dopelives and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on Dopelives Services may result in the termination of your Account(s), prohibition on use of Dopelives Services, and further legal action. Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Dopelives from any unauthorized or illegal conduct by you, or through the use of your Account, on Dopelives Services.
5. Dopelives Services, Content and Entitlement Availability
Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from Dopelives or an authorized retailer. Dopelives reserves the right to refuse your request(s) to acquire Entitlements, and Dopelives reserves the right to limit or block any request to acquire Entitlements for any reason.
We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.
6. Contributing Third Party Content to Dopelives Services
Dopelives respects the intellectual property rights of others. You must have the legal right to upload Content to Dopelives Services. You may not upload or post any Content on Dopelives Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only Content that you are permitted to upload by the owner or by law. Dopelives may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of Dopelive's or a third party's intellectual property or other rights, Dopelives may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.
7. Contributing UGC to Dopelives Services; License Grant to Dopelives and Others
When you contribute UGC to a dopelives Service, you expressly grant to Dopelives and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Dopelives and its licensors all licenses, consents and clearances to enable Dopelives and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.
If the Dopelives Service on which you contribute UGC permits other users to access and use that UGC as part of the Dopelives Service, then you also grant all other users of the relevant Dopelives Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Dopelives Service without further notice, attribution or compensation to you.
8. Paid Services
Some Dopelives Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services, visit help.dopelives.com, support.dopelives.com (for dopelives products) or dopelives.com/support (for Titanic).
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
Dopelives reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for a dopelives Service, Dopelives will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Dopelives Service. You are responsible for reviewing the Dopelives Service to obtain timely notice of such changes. Your continued use of the Dopelives Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Dopelives will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of Dopelives Services is subject to use or sales tax, then Dopelives may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit help.dopelives.com, support.dopelives.com (for dopelives products) or dopelives.com/support (for Titanic).
A. Payment Options. You may pay fees using the methods available for the particular Dopelives Service and you agree to the terms and conditions applicable to dopelivesch payment method you choose. Payment methods may vary by Dopelives Service. When you provide credit card or other payment information to dopelives, you represent to Dopelives that you are the authorized user of the credit card or other payment method. By agreeing to this Terms of Service, you have agreed to permit Dopelives to automatically renew your subscription to a dopelives Service by charging a valid credit card number which you have provided to dopelives. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and dopelivesch anniversary thereafter for a fee no greater than Dopelive's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Dopelives if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at help.dopelives.com, support.dopelives.com (for dopelives products) or dopelives.com/support (for Titanic). If you fail to provide Dopelives any of the foregoing information, you agree that Dopelives may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. Dopelives reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to dopelives. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information, visit help.dopelives.com, support.dopelives.com (for dopelives products) or dopelives.com/support (for Titanic).
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
B. Trial Subscriptions. For some Dopelives Services, Dopelives may offer a free trial subscription. If you accept a free trial subscription, Dopelives will begin to bill your Account for that Dopelives Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using Dopelives Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to dopelives. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
9. Termination of Dopelives Services
Dopelives may terminate access to any online or mobile products and/or Dopelives Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Dopelives Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at dopelives’s discretion) provided to you via email or is posted on the applicable product or Dopelives Service or on http://www.dopelives.com/2/service-updates
Dopelives may also terminate access to Dopelives Services for violation of this Terms of Service, if Dopelives (in its sole discretion) deems that your use of Dopelives Services renders Dopelives Services less safe for others and/or minors or for illegal or improper use of Dopelives Services, Content, Entitlement, products, or Dopelive's Intellectual Property as determined by Dopelives in its sole discretion. You may lose your user name and persona as a result of termination. If you have more than one (1) Account, Dopelives may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to Dopelives Services accessed by you, Dopelives may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level , immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all Dopelives Services or certain Dopelives Services. You acknowledge that in such an instance Dopelives is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Dopelives Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If Dopelives terminates your Account, you may not participate in a dopelives Service again without Dopelive's express permission. Dopelives reserves the right to refuse to keep Accounts for, and provide Dopelives Services to, any individual. You may not allow individuals whose Accounts have been terminated by Dopelives to use your Account.
If your Account, or a particular subscription for a dopelives Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all Dopelives Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular Dopelives Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at help.dopelives.com, support.dopelives.com (for dopelives products) or dopelives.com/support (for Titanic).
10. Cancellation of your Account
You have the right to cancel your Account or a particular subscription to a dopelives Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Dopelives Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with dopelives, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Dopelive's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through Dopelives Services or any change in Content or Entitlements provided through Dopelives Services; (3) your ability to access and/or use Dopelives Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Dopelives Services and/or any Content or Entitlements thereon.
Contact Dopelive's Customer Service Department at help.dopelives.com, support.dopelives.com (for dopelives products) or dopelives.com/support (for Titanic) to cancel your Account. Dopelives reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a dopelives Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Dopelives Services must be settled before you establish a new Account.
11. Rules of Conduct
You may violate the Terms of Service if, as determined by Dopelives in its sole discretion, you:
- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate. Hate speech is not tolerated.
- Use abusive, offensive, or defamatory screen names and/or personas.
- Engage in disruptive behavior in chat areas, game areas, forums, or any other arDopelives or aspect of Dopelives Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within a dopelives Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are a dopelives employee or a representative of dopelives, or attempt to mislead users by indicating that you represent Dopelives or any of Dopelive's partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on Dopelives Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Violate any additional Rules of Conduct applicable to a specific Dopelives Service that you are using.
- Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Dopelives Services.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use in-game support or complaint buttons or make false reports to Dopelives staff.
- Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Use any game hacking/altering/cheating software or tools.
- Modify or attempt to modify any file or any other part of the Dopelives Service that Dopelives does not specifically authorize you to modify.
- Post or communicate any person's real-world personal information using a dopelives Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a dopelives Service.
- Use and communicate exploits and/or cheats.
- Attempt to use Dopelives Software on or through any service that is not controlled or authorized by Dopefisk Incorporated. Any such use is at your own risk and may subject you to additional or different terms. Dopelives takes no responsibility for your use of Dopelives Software on or through any service that is not controlled by Dopefisk Incorporated.
- Interfere with the ability of others to enjoy playing a dopelives Service or take actions that interfere with or materially increase the cost to provide a dopelives Service for the enjoyment of all its users.
- Unless expressly authorized by dopelives, you may not sell, buy, trade or otherwise transfer your Account or any personal access to Dopelives Services, Content or Entitlements, including by use of auction websites.
- You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
- Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
- Abuse or exploit bugs, undocumented features, design errors or problems in the game.
- “Role–playing” is not an excuse for violating this or any other policy.
Specific Dopelives Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Dopelives Services. Dopelives reserves the right to terminate your Account and to prevent your use of any and all Dopelives Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
Unless otherwise specified, there is no requirement or expectation that Dopelives will monitor or record any online activity on Dopelives Services, including communications. However, Dopelives reserves the right to access and/or record any online activity on Dopelives Services and you give Dopelives your express consent to access and record your activities. Dopelives reserves the right to remove any content from any Dopelives Service at Dopelive's sole discretion. Dopelives has no liability for your or any third party's violation of this Agreement.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Dopelives using the "Help" or "Report Abuse" functions in the relevant Dopelives Service, if available, or contact Customer Support at help.dopelives.com, support.dopelives.com (for dopelives products) or dopelives.com/support (for Titanic).
12. Services Not Controlled By dopelives
Some products may give you the option of using Dopelives Software on or through a service that is not controlled by dopelives. For example, you may be given the option to play Dopelives Software online on servers not owned or controlled by dopelives. Dopelives takes no responsibility for your use of Dopelives Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-Dopelives controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
13. Software, Utilities and Tools
Dopelives Services may require or allow you to download software, software updates or patches, or other utilities and tools from Dopelives or its licensors onto your computer, entertainment system or device ("Dopelives Software"). Dopelives grants to you a non-exclusive, limited license to use Dopelives Software solely for the purpose stated by Dopelives at the time the Dopelives Software is made available to you. If an End User License Agreement or End User Access And License Agreement is provided with the Dopelives Software, your use of the Dopelives Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Dopelives Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Dopelives Software. You may not modify Dopelives Software or use it in any way not expressly authorized in writing by dopelives. You understand that Dopelive's introduction of various technologies may not be consistent across all platforms and that the performance of Dopelives Software and related Dopelives Services may vary depending on your computer and other equipment.
From time to time, Dopefisk Incorporated may provide you with updates or modifications to Dopelives Software. You understand that certain updates and modifications may be required in order to continue use the Dopelives Software and Dopelives Services.
14. Export Control Laws
Dopelives Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading Dopelives Software from dopelives, you warrant that you are not located in any country, or exporting Dopelives Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Dopelives Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Dopelives Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
15. Updates to Dopelives Services
IMPORTANT: Dopelives MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF Dopelives SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. Dopelives RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
16. Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF Dopelives SERVICES, Dopelives SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. Dopelives SERVICES, Dopelives SOFTWARE, Dopelives PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF Dopelives SOFTWARE OR Dopelives SERVICES. Dopelives DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. Dopelives PROVIDES Dopelives SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE Dopelives SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Dopelives WILL HAVE ADEQUATE CAPACITY FOR Dopelives SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Dopelives OR ITS LICENSORS ARISING OUT OF OR RELATING TO Dopelives SERVICES AND/OR Dopelives PRODUCTS IS TO STOP USING Dopelives SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT dopelives, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON Dopelives SERVICES OR USE OF Dopelives SOFTWARE. IN NO CASE SHALL Dopelive's OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "Dopelives AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Dopelives FOR Dopelives SERVICES. IN NO CASE SHALL dopelives, ITS LICENSORS OR Dopelives AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF Dopelives SERVICES, Dopelives SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF Dopelives SERVICES OR ACCOUNTS. WHILE Dopelives USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, Dopelives AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY Dopelives SERVICE, CONTENT, Dopelives SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Dopelive's, Dopelive's LICENSORS' AND Dopelives AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. Dopelives DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH Dopelives AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon Dopelive's and/or its licensors' request, you agree to defend, indemnify and hold harmless dopelives, its licensors and Dopelives Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Dopelives Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Dopelives and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Dopelives Services and for all of your communication and activity on Dopelives Services, including any Content you contribute, and that you will indemnify and hold harmless dopelives, Dopelive's licensors and Dopelives Affiliates from any liability or damages arising from your conduct on Dopelives Services, including any Content that you contribute.
Dopelives and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Dopelives and/or its licensors in that matter. This Section shall survive termination of this Terms of Service.
18. Links to Third-Party Sites
Dopelives Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Dopelives does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
19. General Terms
B. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the Livestreamal intentions of dopelives, and the remaining portions shall remain in full force and effect.
C. Waiver. The failure of Dopelives to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by dopelives.
D. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with Dopelives or relating in any way to your Account(s) or your use of Dopelives Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving Dopelives or its affiliates, employees, contractors, officers, directors, vendors and content providers. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) to the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with dopelives, arising out of or relating in any way to your Account(s) or your use of Dopelives Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent (to the extent applicable pursuant to Section 20, below), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 20 below including any claim involving Dopelives or Dopelives Affiliates, subsidiaries, contractors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.
20. Dispute Resolution By Binding Arbitration
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below in Section 20.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater tha dopelives’s last settlement offer to you (if any), Dopelives will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your Dopelives Account at help.dopelives.com, support.dopelives.com (for dopelives products) or dopelives.com/support (for Titanic). In the unlikely event that Dopelives cannot resolve a concern to your satisfaction (or if Dopelives cannot resolve a concern it has with you after attempting to do so informally), then you and Dopelives agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland and the Member States of the European Union. By accepting these terms, you and Dopelives expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us (“Disputes”), including without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of your or dopelives’s (or any of dopelives’s licensors’) intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
- In addition, nothing in this Section shall prevent either party from initiating a small claims court action.
References to "Dopelives," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.
A. Informal Negotiations/Notice of Dispute. You and Dopelives agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). Dopelives will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: Dopefisk Incorporated Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department.
B. Binding Arbitration. If you and Dopelives are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or Dopelives may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND Dopelives ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org
. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send Dopelives a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then Dopelives will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Dopelives may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and Dopelives agree that any arbitration shall be limited to the Dispute between Dopelives and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND Dopelives AGREE THAT dopelivesCH 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 Dopelives agree otherwise, the arbitrator may not consolidate more than one person's 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.
D. Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and Dopelives agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
E. Recovery and Attorneys’ Fees. If the arbitrator rules in your favor on the merits of any claim you bring against Dopelives and issues you an award that is greater in monetary value than Dopelive's last written settlement offer made before written submissions are made to the arbitrator, then Dopelives will:
- Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and
- Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. Dopelives waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us.
F. Limitation on Arbitrator’s Authority. 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.
G. Changes to This Provision. Notwithstanding any provision in this Agreement to the contrary, we agree that if Dopelives makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
21. Entire Agreement
22. Special Notice to California Residents
Pursuant to Cal. Civil Code § 1789.3, please note that (a) Dopelives is located at 209 Redwood Shores Parkway, Redwood City, CA 94065, (b) The fees and charges for Dopelives Services vary depending on the services selected by you, and (c) If you have a complaint regarding Dopelives Services or desire further information on use of Dopelives Services, visit Dopelive's Customer Support web pages at help.dopelives.com, support.dopelives.com (for dopelives products) or dopelives.com/support (for Titanic). For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
Bookmark terms.dopelives.com and visit this site regularly for updates to Dopelives Terms of Service.
23. Supplemental Terms
Additional Terms and Conditions for Specific Dopelives Services
Certain Dopelives Services may require you to read and agree to terms and conditions that are specific to that Dopelives Service. Your right to use that Dopelives Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, Dopelives will be the final and sole arbiter of any such inconsistencies.
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