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Terms of Use

DICED POKE TERMS OF USE

These Terms of Use (“Terms”) govern your access to, and use of, the websites (each, a “Site” or “Website”), mobile applications, the mobile text program, and online services or programs (collectively, the “Services”) operated by or on behalf of Diced Poke and on which these Terms appear. These Terms are a legal and binding agreement between you and Diced Poke. Your use of the Services indicates your acceptance of these terms. Do not use the Services if you do not agree to be bound by these Terms.

Diced Poke strives to ensure that the information contained on the Website, mobile app, or online services is accurate and reliable. However, Diced Poke and the Services are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, 
Diced Poke makes no representations about the reliability of the features of the Services, the Diced Poke Content (defined below), Submitted Content (defined below), or any other Service feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. 
Diced Poke is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Diced Poke, and Diced Poke does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Diced Poke prior to posting and
Diced Poke makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content.
Diced Poke makes no representations regarding the amount of time that any Diced Poke Content or Submitted Content will be preserved.

The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Diced Poke hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Diced Poke disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein.

In no event shall Diced Poke be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if Diced Poke has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Diced Poke, its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Services and/or materials, programs, and features made available therein.

COMMUNICATING WITH DICED POKE

The Services may give you the ability to contact Diced Poke by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about Diced Poke’s products or to register for particular sweepstakes or contest. The information that you provide to Diced Poke through the Services is governed by Diced Poke’s Privacy Policy.

USER-SUBMITTED CONTENT

Certain areas of the Services be enable you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Diced Poke, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Diced Poke and Diced Poke is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.

WEBSITE ACCESS

Diced Poke hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Diced Poke’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms.

HYPERLINKS

The Services may link to sites not maintained by or related to Diced Poke. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or Diced Poke. Diced Poke has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Diced Poke makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from the Services. Furthermore,  Diced Pokedoes not implicitly endorse third-party sites hyperlinked to or from this Website.

VIOLATION OF THESE TERMS AND REMEDIES

You agree that Diced Poke may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Diced Poke determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Diced Poke. You also agree that monetary damages would be inadequate for such harm and consent to Diced Poke’s obtaining any injunctive or equitable relief that Diced Poke deems necessary or appropriate. These remedies are in addition to any other remedies that 
Diced Poke may have at law or in equity.

If Diced Poke takes legal action against you as a result of your violation of these Terms, Diced Poke will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Diced Poke. You agree that Diced Poke will not be liable to you or to any third party for termination of your access to the Services, mobile app, programs, and/or services as a result of any violation of these Terms.

MISCELLANEOUS

These Terms constitute the entire agreement between you and Diced Poke and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Diced Poke with respect to the Services. Both you and Diced Poke acknowledge and agree that no partnership is formed and neither you nor Diced Poke has the power or the authority to obligate or bind the other.

The failure of Diced Poke to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

The failure of Diced Poke to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Diced Poke shall not be deemed a breach of this agreement. If 
Diced Poke fails to act with respect to your breach or anyone else’s breach on any occasion, Diced Poke is not waiving its right to act with respect to future or similar breaches.

The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

BINDING AGREEMENT

These Terms constitute a binding agreement between you and Diced Poke, and are accepted by you upon your use of the Services. This agreement constitutes the entire agreement between you and Diced Poke regarding the use of the Services and the features therein and supersedes and replaces any prior agreements between you and 
Diced Poke regarding the use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.