CANADIAN

LEGAL


TERMS OF USE (CANADA)

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.

ACCEPTANCE OF TERMS OF USE

Use of the Services (including access to the Content) is subject to compliance with these Terms of Use which incorporate by reference our Privacy Policy available at [dice.com/privacy] (“Privacy Policy”). Therefore, by accessing or using any of the Services through any Access Point (including by visiting the RidePass Site or by downloading or launching any Dice application), you accept and agree to these Terms of Use, including the Arbitration Agreement and class action waiver described in Section 19 below to resolve any disputes with Dice (except for matters that may be taken to small claims court), except to the extent the Arbitration Agreement and class action waiver may be restricted by applicable law.

CHANGES TO TERMS OF USE

We may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions will be effective immediately; provided however, for existing members, such revisions will, unless otherwise stated, be effective thirty (30) days after posting. We will post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting the RidePass Site.

PRIVACY

Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein by reference. Please review our Privacy Policy to understand our practices.

COMMUNICATION PREFERENCES

 

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

 

Age Limitations

 

The Services are not intended to be used by children without the involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Dice or provide your personal information to Dice. If you are at least 13 years of age and under 18 years of age (or under the applicable age of majority in your state, province or territory of residence), you may register with Dice only if you have the consent of your parent or guardian, including consent to these Terms of Use on your behalf.

 

Limited License

 

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.

 

Compatible Devices

 

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.

 

The Content

 

Usage Rules and Limitations

 

You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms of Use. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by Dice in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Dice in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Dice. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Dice in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

 

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.

 

Explicit Content

 

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.

 

Software

 

Dice software is developed by, or for, Dice and is designed to enable streaming and viewing of content from Dice through Compatible 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 RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED OR UPGRADED VERSIONS OF THE DICE AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS OF USE, THEN PLEASE DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF YOUR DEVICE WITH OUR SERVICE. By using our Services, you agree to look solely to the entity that manufactured and/or sold you your device for any issues related to your device and its compatibility with the Services. If your Compatible Device is sold, lost or stolen, please deactivate it. If you fail to log out or deactivate your device, subsequent users may access the Services through your account and may be able to access certain amounts of your account information. We assume no liability for any such foregoing unauthorized access and any related losses or identity theft.

 

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.

 

Your Responsibilities

 

You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Services or Content therein. 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 through the Services without express written permission from Dice and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the Content protections in the Services; use any robot, spider, scraper or other automated means to access the Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the Content of the Services 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 Services, including any software viruses or any other computer code, files or programs.

 

Account Restriction/Termination

 

We may terminate your access to the Services, including any subscription available as part of the Services, at our discretion and without notice (except as may be required by applicable law). If we do so, we will give you a pro-rated refund of your subscription fee (if any). However, if we suspect that you are (i) in violation of any of these Terms of Use, and/or (ii) engaged in illegal or improper use of the Services, your rights under this Agreement will automatically terminate without notice, and Dice may, in its discretion, immediately revoke your access to the Services and to the Content without refund of any fees.

 

SUBSCRIPTION, FREE TRIALS, BILLING AND CANCELLATION

Subscription/Membership

 

Ongoing Membership

 

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.

 

Differing Memberships

 

We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Dice by visiting the “Your Account” page on the RidePass Site. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

 

Free Trials

 

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

 

Recurring Billing

 

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.

 

Price Changes

 

We reserve the right, subject to applicable law, to adjust pricing for the Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to the Services will take effect following email notice to you.

 

Billing Cycle

 

The membership fee for the Services will be billed at the beginning of the paying portion of your membership and each Period thereafter unless and until you cancel your membership. We automatically bill your Payment Method at the beginning of each Period on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started a monthly membership Period or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership and/or the length of your membership Period. Visit the “Your Account” page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” will indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, monthly, semi-annual, annual, or other designated time Periods refers to your billing cycle.

 

No Refunds

 

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. However, if your account is terminated by Dice in its sole discretion, without notice, and you have not violated these Terms of Use nor engaged in illegal or improper use of the Services, you may be entitled to a pro-rated refund. Additionally, following any cancellation, you will continue to have access to the Services through the end of your current billing Period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

 

Payment Methods

 

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.

 

Cancellation

 

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

 

You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms of Use and you agree to be responsible for their activity using the Services.

 

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.

 

USER REVIEWS, COMMENTS, AND OTHER MATERIAL

 

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.

 

By Posting User Material, you are not forfeiting any ownership rights in such material to Dice. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Dice a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, communicate to the public by telecommunication, transmit and publish such User Material through the Services and on other platforms and services worldwide, including on or through any Access Point, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Dice is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Dice), fully-paid, royalty-free (meaning that Dice is not required to pay you for the use of your User Material), and sublicensable (so that, for example, Dice is able to use its affiliates, subcontractors, and other partners, such as Internet content delivery networks, to provide the Services). By Posting your User Material, you also hereby grant each user of the Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Services and under these Terms of Use.

 

APPLICATIONS

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.

 

NOTHING IN THESE TERMS OF USE WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use will be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will remain in full force and effect.

 

LINKED DESTINATIONS AND ADVERTISING

Third Party Destinations

 

If we provide links or pointers to other websites or destinations, you should not infer or assume that Dice operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. These Terms of Use do not govern your use of another website or destination.

 

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

 

Dice takes no responsibility for and does not endorse any third party advertisements or any third party material Posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that Dice is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, Dice is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.

 

OWNERSHIP

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.

 

Copyright owners of the Content are intended third-party beneficiaries under these Terms of Use. Our failure to insist upon or enforce your strict compliance with the Terms of Use will not constitute a waiver of any of our rights or the rights of third-party beneficiaries.

 

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.

 

INTELLECTUAL PROPERTY

Copyright

 

The Services, including all Content provided on the Services, are protected by copyright, trade secret or other intellectual property laws and treaties.

 

Trademarks

 

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.

 

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 copyrightagent@img.com (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 copyrightagent@img.com for purposes other than communication about copyright infringement may not be answered.

 

LIMITATION ON TIME TO BRING A CLAIM

 

To help resolve any issues between us promptly, you and Dice agree to bring any claim arising out of or relating to these Terms of Use (including Dice’s Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

 

GOVERNING LAW

 

These Terms of Use are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in Section 19 is not applicable (for example, an action brought in small claims court and/or an action to confirm an arbitration award), you and Dice agree to submit to the exclusive jurisdiction of the courts located in the Los Angeles County of the State of California.

 

ARBITRATION AGREEMENT

 

If you are a Dice member in the United States (including its possessions and territories), you and Dice agree that any dispute, claim or controversy arising out of or relating in any way to the Services, these Terms of Use and this Arbitration Agreement, will 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 Dice are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive termination of this Agreement and the termination of your RidePass membership.

 

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.

 

ATTORNEYS’ FEES

 

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

 

Please note that these Terms of Use, including Dice’s Privacy Policy which is incorporated in these Terms of Use, constitute the entire legal agreement between you and Dice and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that Dice may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Dice in relation to the Services. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms of Use and will not affect the validity, legality and enforceability of any remaining provisions, which will remain in full force and effect.

 

© 2018 Dice Technology Ltd, Professional Bull Riders, LLC and their respective licensors.

ALL RIGHTS RESERVED

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