Last Updated: 12 February 2018
RidePass is being delivered to users and subscribers (“you” or “your”) by a digital platform provided by Dice Technology Ltd (“Dice” or “we” or “our”). Dice’s delivery of RidePass gives you the opportunity to select from various offerings of live and on-demand programming, including television shows, clips, and other audiovisual content (collectively, the “Content”).
DESCRIPTION OF SERVICE
The RidePass platform, the Content, Dice’s player for viewing the Content (the “Video Player”) and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by Dice through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the RidePass website (the “RidePass Site”), applications, and other places where any Services are available, including websites and applications of Dice’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
By using the Services, you consent to receiving electronic communications from Dice relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Services, or in the “Your Account” page and will include notices about your account (for example, payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Dice. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication and notice requirements, including that such communications and notices 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 Dice 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 go to the “Your Account” page on the RidePass Site to manage your communications.
ACCESS AND USE OF THE SERVICES
The Services and any Content viewed through our service are for your personal and non-commercial use only. During the term of your membership, we grant you a limited, non-exclusive, non-transferable, license to access the Services and view the Content through the Services, including accessing and viewing the Content on a streaming-only basis through the Access Points. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription. Except for the foregoing limited license, no right, title or interest in the Services will be transferred to you. You agree not to use the Services for public performances.
Geographic Limitations and Simultaneous Streaming
You may view the Content through the Services primarily within the country in which you have established your account and only in geographic locations where we offer our Services and have licensed such content. The content that may be available to watch will vary by geographic location. Dice will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. Go to the “Your Account” page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
In order to access the Services, you will need to use a computer, mobile device, streaming media player, or other device that meets the system and compatibility requirements that we establish from time to time (each, a “Compatible Device”). Please note that Compatible Devices may vary by service. Features and functionalities that we make available through the Services may also differ by Compatible Device and the terms of your subscription.
Usage Rules and Limitations
Internet Service, Data Usage, and Content Quality
In order to access the Services, you must have a high-speed broadband, wireless or similar Internet connection from an Internet service provider that meets certain technical specifications. Dice uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your Internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for certain Content depends on your Internet service and device capabilities. You are responsible for all Internet access and data charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes you to begin playing Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, Dice is unable to make any warranties about the Content in these respects.
By using the Services, you may encounter Content that may be offensive, indecent or objectionable; this Content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Services at your sole risk, and Dice has no liability to you for any Content. Content types, genres, categories, and descriptions are provided for convenience, and Dice does not guarantee their accuracy.
The Video Player
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Changes to the Services
We continually update the Services, including the Content that is available. In addition, we continually test various aspects of the Services, including our website, user interfaces, service levels, plans, promotional features, availability of the Content, delivery and pricing. We reserve the right to, and by using our Services you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Services. We make no guarantee as to the availability of specific content or the minimum amount of content available in any subscription.
SUBSCRIPTION, FREE TRIALS, BILLING AND CANCELLATION
Your RidePass membership will be based on a monthly, semi-annual, annual, or other designated period (a “Period”) unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Services. All memberships must be pre-paid with the amount due for the entire applicable Period. We will bill the membership fee to your Payment Method on the first day of each new Period for an amount covering the entire Period. You must cancel your membership before it automatically renews at the end of each Period in order to avoid billing of the next Period’s membership fees to your Payment Method, subject to applicable law. Your membership can be cancelled at any time prior to the beginning of the next Period.
The pricing for subscriptions or memberships may include VAT and/or other sales taxes. Where applicable, such taxes will be collected by the party with whom you transact for the Services, which may be Dice or a third party.
Your RidePass membership may start with a free trial. The free trial period of your membership typically lasts for 21 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Dice reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for membership fees for the Period at the end of the free trial period of your membership and your membership will automatically renew on the first day of each new Period unless you cancel your membership prior to the beginning of the new Period, subject to applicable law. We may authorize your Payment Method through various methods, including authorizing it up to approximately one Period of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
Visit the “Your Account” page on the RidePass Site to find cancellation instructions. We will continue to bill your Payment Method at the beginning of each new Period for your membership fee until you cancel.
Billing and Cancellation
By starting your RidePass membership and providing or designating a Payment Method, you authorize us to charge you a membership fee at the beginning of each Period for the current rate of the entire Period, and any other charges you may incur in connection with your use of the Services, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each period may vary from Period to Period for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, increased subscription fees or pricing (subject to applicable law), and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed each Period in one or more charges.
You may edit your Payment Method information by visiting the “Your Account” page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
You may cancel your RidePass membership at any time, and you will continue to have access to the Services through the end of your applicable billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS OR UNWATCHED CONTENT. To cancel, go to the “Your Account” page on the RidePass Site. If you cancel your membership, your account will automatically close at the end of your current billing Period. If you signed up for Dice using your account with a third party as a Payment Method, and wish to cancel your RidePass membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Services through that third party. You may also find billing information about your RidePass membership by visiting your account with the applicable third party.
ACCOUNT ACCESS AND PASSWORDS
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Dice representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may find information on how to delete your Dice account by logging in on the RidePass Site and viewing your account details. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a subscriber you must first cancel your subscription before you will be able to delete your account.
USE OF INFORMATION SUBMITTED
Dice is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”) or Posts (as defined below), including responses to questionnaires or through postings to the Services, including the RidePass Site 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 Services. In addition, you agree to waive any "moral rights" in and to the Feedback and Posts, to the extent permitted by applicable law.
Please note Dice does not accept unsolicited materials, concepts or ideas for the Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Dice. Should you send any unsolicited materials, concepts or ideas, 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 Dice and its affiliates regarding the use of such materials, concepts and ideas, even if material, concept or an idea is used that is substantially similar to the material, concept or idea you sent.
As part of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Services. Moreover, you must not Post User Material that: (i) contains unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Dice (in Dice’s sole discretion), or links to infringing or unauthorized content (collectively, “Unsuitable Material”); or (ii) improperly claims the identity of another person. Please note that if you Post User Material on Dice using a third party service, such as a social network or email provider, your first and last name or other user ID may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personal information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Dice the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. You will indemnify Dice and all of its affiliated parties for any claims, liabilities, or losses (including attorneys’ fees) arising from your breach or alleged breach of the foregoing representations and warranties. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Dice will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Dice does not guarantee any confidentiality with respect to any User Material.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Services. These Applications may import data related to your Dice account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Dice is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY DICE AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE DICE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DICE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DICE MAKES NO CLAIMS, PROMISES, OR GUARANTEES ABOUT THE ABSOLUTE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE CONTENT OR THE SERVICES AND EXPRESSLY DISCLAIMS LIABILITY OR ERRORS AND OMISSIONS IN THE CONTENT. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES RELATING TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM A COMPUTER VIRUS IS GIVEN WITH RESPECT TO THE CONTENT OF THE SERVICES OR ITS HYPER LINKS TO OTHER INTERNET RESOURCES. DICE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DICE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, COMPATIBLE DEVICES, AND DICE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL DICE, 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. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THE RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM A COMPUTER VIRUS.
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.
REFERENCE IN THE WEBSITE TO ANY SPECIFIC COMMERCIAL PRODUCTS, PROCESSES, OR SERVICES OR THE USE OF ANY TRADE, FIRM OR CORPORATION NAME IS FOR THE INFORMATION AND CONVENIENCE OF THE PUBLIC, AND DOES NOT CONSTITUTE ENDORSEMENT, RECOMMENDATION OR PREFERENCE BY US OR BY OUR EMPLOYEES OR AGENTS. WE WILL NOT BE RESPONSIBLE OR LIABLE DIRECTLY OR INDIRECTLY FOR ANY ACTUAL OR ALLEGED DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH THE USE OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY.
WE DO NOT ROUTINELY MONITOR CONTENT BUT WE AND OUR DESIGNEES MAY RESERVE THE RIGHT TO MONITOR, RESTRICT ACCESS TO, EDIT OR REMOVE ANY CONTENT THAT IS AVAILABLE VIA THE SERVICES AT ANY TIME.
LINKED DESTINATIONS AND ADVERTISING
Third Party Destinations
Dice is not responsible for the content or practices of any website or destination other than the RidePass Site, even if it links to the RidePass Site and even if the website or destination is operated by a company affiliated or otherwise connected with Dice. By using the Services, you acknowledge and agree that Dice is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the RidePass Site.
Third Party Advertisements and Services
You agree that Dice and its licensors own and retain all rights to the Services, the Content, the Video Player and any related software. Except for information which may or may not be in the public domain, all right, title and interest into any content displayed on the Services including but not limited to the Services’ look and feel, data, information, documents, text, logos, services, software graphics, images, sound or video material, designs, trademarks, service marks, trade names, and URL, belong to and are the exclusive property of Dice or its respective partners, licensors, agents or third parties, and may not be copied, displayed, distributed, downloaded, linked, modified, posted, reproduced, re-published, or transmitted in any form or by any means without the prior written consent of Dice in each instance.
This list is meant to be inclusive and not exclusive. Such rights will include to the extent permissible by applicable law any and all rights of privacy, publicity and moral rights.
The Services, including all Content provided on the Services, are protected by copyright, trade secret or other intellectual property laws and treaties.
RidePass, Dice, the Dice logo, and other Dice marks, graphics, logos, scripts, and sounds are trademarks of Dice and its licensors. None of the Dice trademarks may be copied, downloaded, or otherwise exploited.
NOTICE AND PROCEDURE FOR CLAIM OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, if you believe that any Content or other material provided through the Services, including through a link, infringes your copyright, you should notify Dice of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Dice receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Dice’s copyright agent at firstname.lastname@example.org (subject line: "Takedown Request"). You may also contact us by mail at:
Attention: Copyright Agent
Dice Technology Ltd
Address: 9601 Wilshire Boulevard, Beverly Hills, California 90210, US
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable Dice to identify and locate the material; (iv) how Dice can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to email@example.com for purposes other than communication about copyright infringement may not be answered.
LIMITATION ON TIME TO BRING A CLAIM
In the case that a dispute arises, you and Dice agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution (“Notice”) by mail to us at: Dice Technology Ltd, Address- Building 6, Chiswick Park, 566 Chiswick High Road, London W4 5HR; Attn: Legal Department (“Notice Address”). If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for Dice. If Dice and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Dice may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Dice receives notice at the Notice Address that you have commenced arbitration, Dice will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
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. 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 Dice and you agree otherwise, any arbitration hearings will be held in Los Angeles County, California.
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 will 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.
YOU AND DICE 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 Dice 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 will 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.
If any action is brought by either you or by us against the other party in connection with your use of the Services, the prevailing party will be entitled to recover, in addition to any other relief granted, reasonable attorney fees, costs, and expenses of litigation.
INTEGRATION, AMENDMENT, SEVERABILITY
© 2018 Dice Technology Ltd, Professional Bull Riders, LLC and their respective licensors.
ALL RIGHTS RESERVED
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