Dumb Charade Terms and Policy

Terms Of Service

Thank You For Your Interest In Using The Online Services Operated By Dumb Charade, Its Affiliated Companies And Successors (Collectively, “Dumb Charade”) And Offered Through The Website Located At Dumb Charade (The “Site”).

1. Your Acceptance Of The Terms

By Visiting And Using The Site And Any Of The Dumb Charade Products, Software, Applications, Data Feeds, And Other Online Services Provided To You On, From, Or Through The Site (Collectively The “Service”), You Are Stating That You Have Read And Understand, And Agree To Be Bound By, These Terms Of Service (“Terms”). If You Do Not Agree To These Terms, You Are Not Permitted To Use The Service.

Please Read These Terms Carefully As They Govern Your Use Of The Service And The Site (Collectively, The “Dumb Charade”). Dumb Charade Reserves The Right To Modify Or Discontinue The Dumb Charade At Any Time, With Or Without Notice To You.

2. The Dumb Charade: Content

These Terms Apply To All Users Of The Service, Including Users Who Are Also Contributors Of Content On The Service. “Content” Includes But Is Not Limited To Data, Text, Software, Scripts, Graphics, Photographs, Sounds, Music, Videos, Messages, Tags, Audiovisual Combinations, Interactive Features And Other Materials That May Be Viewed On, Accessed Through, Or Contributed To The Dumb Charade By Users Or Dumb Charade. The Service Includes All Aspects Of Dumb Charade, Including But Not Limited To All Products, Software, Applications, And Services Offered Via The Site, Such As The Dumb Charade “Player,” The Dumb Charade “Uploader,” And Any Other Software And Applications.

All Content Is Provided To You AS IS. You May Access Content For Your Information And Personal Use Solely As Intended Through The Provided Functionality Of The Service And As Permitted Under These Terms. You Shall Not Download Any Content Unless You See A “Download” Or Similar Link Displayed By Dumb Charade On The Service For That Content. You Shall Not Copy, Reproduce, Distribute, Transmit, Broadcast, Display, Sell, License, Or Otherwise Exploit Any Content For Any Other Purposes Without The Prior Written Consent Of Dumb Charade Or The Respective Licensors Of The Content, Except As Explicitly Permitted By Dumb Charade. Dumb Charade And Its Licensors Reserve All Rights Not Expressly Granted In And To The Service And The Content.

Dumb Charade May, But Has No Obligation To, Remove, Edit, Block, And/Or Monitor Content Or Accounts Containing Content That We Determine In Our Sole Discretion Violates These Terms. Furthermore, Dumb Charade Reserves The Right To Remove Any Content From The Service For Any Reason, Without Prior Notice. Content Removed From The Service May Continue To Be Stored By Dumb Charade, Including, Without Limitation, In Order To Comply With Certain Legal Obligations, But May Not Be Retrievable Without A Valid Court Order. Consequently, Dumb Charade Encourages You To Maintain Your Own Backup Of Your Content As You May Not Rely On The Service For The Purposes Of Content Backup Or Storage. Dumb Charade Will Not Be Liable To You For Any Modification, Suspension, Or Discontinuation Of The Services, Or The Loss Of Any Content. You Also Acknowledge That The Internet May Be Subject To Breaches Of Security And That The Submission Of Content Or Other Information May Not Be Secure.

3. The Dumb Charade: Service

Although It Is Dumb Charade’s Intention For The Service To Be Available As Much As Possible, There Will Be Occasions When The Service And/Or The Site May Be Interrupted, Including Without Limitation, For Scheduled Maintenance Or Upgrades, For Emergency Repairs, Or Due To Failure Of Telecommunications Links And/Or Equipment. Dumb Charade Reserves The Right To Modify Or Terminate The Service For Any Reason, Without Notice, At Any Time, And Without Liability To You.

Some Of The Service Is Supported By Advertising Revenue And May Display Advertisements And Promotions, And You Hereby Agree That Dumb Charade May Place Such Advertising And Promotions On The Service Or On, About, Or In Conjunction With Your Content. The Manner, Mode And Extent Of Such Advertising And Promotions Are Subject To Change Without Specific Notice To You. You Acknowledge That Dumb Charade May Not Always Identify Paid Services, Sponsored Content Or Commercial Communications As Such.

Dumb Charade Prohibits Crawling, Scraping, Caching Or Otherwise Accessing Any Content On The Service Via Automated Means (Except As May Be The Result Of Standard Search Engine Protocols Or Technologies Used By A Search Engine With Dumb Charade’s Express Consent).

The Service May Contain Links To Third Party Websites That Are Not Owned Or Controlled By Dumb Charade. Dumb Charade Has No Control Over, And Assumes No Responsibility For, The Content, Privacy Policies, Or Practices Of Any Third Party Websites. In Addition, Dumb Charade Will Not And Cannot Censor Or Edit The Content Of Any Third-Party Site. By Using The Service, You Expressly Relieve Dumb Charade From Any And All Liability Arising From Your Use Of Any Third-Party Website. Accordingly, We Encourage You To Be Aware When You Leave The Service And To Read The Terms And Conditions And Privacy Policy Of Each Website You Visit.

4. Use Of The Dumb Charade—Permissions And Restrictions

Dumb Charade Grants You Permission To Access And Use The Dumb Charade As Set Forth In These Terms Provided That You Agree To Adhere To These General Guidelines:

A.. You Agree Not To Distribute In Any Medium Any Part Of The Service Or The Content Without Dumb Charade’s Prior Written Authorization, Unless Dumb Charade Makes Available The Means For Such Distribution Through A Function Offered By The Service (Such As social media sharing) Or The Site.

B. You Agree Not To Alter Or Modify Any Part Of The Service Or Content Provided By Dumb Charade Except As Explicitly Permitted By Dumb Charade And The Service Or As Offered As A Function Of The Service.

C. You Agree Not To Access Content Through Any Technology Or Means Other Than The Audio/Video Playback Pages Of The Service Itself, Or Other Explicitly Authorized Means Dumb Charade May Designate.

D. You Agree That Dumb Charade Is Not Responsible For, And Does Not Endorse, User Content Posted Within The Service. Dumb Charade Does Not Have Any Obligation To Prescreen, Monitor, Edit, Or Remove Any User Content. Furthermore, You Understand That When Using The Service, You Will Be Exposed To Content From A Variety Of Sources, And That Dumb Charade Is Not Responsible For The Accuracy, Usefulness, Safety, Or Intellectual Property Rights Of Or Relating To Such Content. You Further Understand And Acknowledge That You May Be Exposed To Content That Is Inaccurate, Offensive, Indecent, Or Objectionable, And You Agree To Waive, And Hereby Do Waive, Any Legal Or Equitable Rights Or Remedies You Have Or May Have Against Dumb Charade With Respect Thereto, And, To The Fullest Extent Permitted By Applicable Law, Agree To Indemnify And Hold Harmless Dumb Charade, Its Shareholders, Officers, Directors, Employees, Agents And Licensors Regarding All Matters Related To Your Use Of The Dumb Charade.

E. You Agree Not To Use The Service For Any Commercial Uses Including But Not Limited To: (I) The Sale Of Access To The Service; Or (Ii) The Sale Of Advertising, Sponsorships Or Promotions Placed On Or Within The Service Or Content You Provide.

F. If You Use The Application, You Agree That It May Automatically Download And Install Updates From Time To Time From Dumb Charade. These Updates Are Designed To Improve, Enhance And Further Develop The Service And The Uploader And May Take The Form Of Bug Fixes, Enhanced Functions, New Software Modules And/Or Completely New Versions. You Agree To Receive Such Updates (And Permit Dumb Charade To Deliver These To You)

G. You Agree Not To Use Or Launch Any Automated System To Access The Service In Any Manner, Or To Create Accounts With The Service Through Unauthorized Means, Including But Not Limited To, By Using An Automated Device, Script, Bot, Spider, Crawler Or Scraper. Notwithstanding The Foregoing, Dumb Charade Grants The Operators Of Public Search Engines Permission To Use Spiders To Copy Materials From The Site For The Sole Purpose Of And Solely To The Extent Necessary For Creating Publicly Available Searchable Indices Of The Materials, But Not Caches Or Archives Of Such Materials.

H. You Are Solely Responsible For Your Interaction With Other Users Of The Dumb Charade, Whether Online Or Offline. You Agree That Dumb Charade Is Not Responsible Or Liable For The Conduct Of Any User. Dumb Charade Reserves The Right, But Has No Obligation, To Monitor Or Become Involved In Disputes Between You And Other Users. Exercise Common Sense And Your Best Judgment When Interacting With Others, Including When You Submit Or Post Content Or Any Personal Or Other Information.

I. You Agree That You Are Responsible For Obtaining And Maintaining All Equipment And Services Needed For Access To And Use Of The Dumb Charade And For Paying All Charges Related Thereto, Including But Not Limited To All Data Charges You Incur Through Use Of The Dumb Charade.

J. You May Not Post Or Transmit Any Content Via The Dumb Charade That Features Nudity Or Is Abusive, Violent, Harassing, Discriminatory, Tortious, Defamatory, Vulgar, Pornographic Or Sexually Suggestive, Obscene, Unlawful, Infringing, Libelous, Invasive Of Another’s Privacy, Hateful, Or Racially, Ethnically, Or Otherwise Objectionable.

K. You Are Responsible For Any Activity That Occurs Through Your Account And You Agree You Will Not Sell, Transfer, License Or Assign Your Account, Followers, Username, Or Any Account Rights. Dumb Charade Prohibits The Creation Of, And You Agree That You Will Not Create, An Account For Anyone Other Than Yourself. You Also Represent That All Information You Provide Or Provided To Dumb Charade Upon Registration And At All Other Times Will Be True, Accurate, Current And Complete And You Agree To Update Your Information As Necessary To Maintain Its Truth And Accuracy.

L. You Agree Not To Collect Or Harvest Any Personally Identifiable Information, Including Account Names, From The Service, Nor To Use The Communication Systems Provided By The Dumb Charade For Any Commercial Solicitation Purposes. You Agree Not To Solicit, For Commercial Purposes, Any Users Of Dumb Charade.

M. You Must Not Defame, Stalk, Bully, Abuse, Harass, Threaten, Harm, Impersonate Any Person Or Entity Or Otherwise Misrepresent Your Affiliation With A Person Or Entity;And You Must Not Post Private Or Confidential Information Via The Dumb Charade, Including Without Limitation, Your Or Any Other Person’s Credit Card Information, Social Security Or Alternate National Identity Numbers, Non-Public Phone Numbers Or Non-Public Email Addresses.

N. You May Not Use The Dumb Charade For Any Illegal Or Unauthorized Purpose. You Agree To Comply With All Laws, Rules And Regulations (For Example, Federal, State, Local And Provincial) Applicable To Your Use Of The Service And Your Content, Including But Not Limited To, Copyright Laws.

O. You Are Solely Responsible For Your Conduct And Any Content That You Submit, Post Or Display On Or Via The Dumb Charade.

P. You Must Not Change, Modify, Adapt Or Alter Dumb Charade Or Change, Modify Or Alter Another Website So As To Falsely Imply That It Is Associated With Dumb Charade.

Q. You Must Not Create Or Transmit Any Unsolicited Or Unauthorized Advertising, Promotional Materials, Junk Mail, Spam, Chain Letters, Pyramid Schemes, Or Any Other Form Of Solicitation Or Commercial Communications To Any Users Of The Dumb Charade.

R. You Must Not Interfere Or Disrupt The Dumb Charade, Or Servers Or Networks Connected To The Dumb Charade, Including By Transmitting Any Material That Contains Adware, Malware, Spyware, Software Viruses, Or Any Other Computer Code, Files, Or Programs Designed To Interrupt, Destroy, Or Limit The Functionality Of Any Computer Software Or Hardware Or Telecommunications Equipment. You May Not Inject Content Or Code Or Otherwise Alter Or Interfere With The Way Any Site Page Is Rendered Or Displayed In A User’s Browser Or Device. You Agree Not To Circumvent, Disable Or Otherwise Interfere With Security-Related Features Of The Dumb Charade Or Features That Prevent Or Restrict Use Or Copying Of Any Content Or Enforce Limitations On Use Of The Service Or The Content Therein.

S. Violation Of These Terms May, In Dumb Charade’s Sole Discretion, Result In Termination Of Your Dumb Charade Account. You Understand And Agree That Dumb Charade Cannot And Will Not Be Responsible For The Content Posted On The Dumb Charade And You Use The Dumb Charade At Your Own Risk. If You Violate The Letter Or Spirit Of These Terms, Or Otherwise Create Risk Or Possible Legal Exposure For Dumb Charade, We Can Stop Providing All Or Part Of The Service To You. If Your Content Or Your Use Of The Dumb Charade Violates These Terms, You May Bear Legal Responsibility For That Content And/Or Your Use.

5. Dumb Charade Accounts

You Agree That You Will Not Solicit, Collect Or Use The Login Credentials Of Other Dumb Charade Users. You May Never Use Another’s Account Without Permission. If You Elect To Create A Dumb Charade Account And To Provide Any Personal Information To Dumb Charade, You Agree To: (A) Provide True, Accurate, Current, And Complete Information; And (B) Maintain And Update Such Information To Keep It True, Accurate, Current, And Complete At All Times.

You Are Solely Responsible For The Activity That Occurs On Your Account, And You Must Keep Your Account Password Secret And Secure. You Must Notify Dumb Charade Immediately Of Any Breach Of Security Or Unauthorized Use Of Your Account. Although Dumb Charade Will Not Be Liable For Your Losses Caused By Any Unauthorized Use Of Your Account, You May Be Liable For The Losses Of Dumb Charade Or Others Due To Such Unauthorized Use Of Your Account.

In Connection With Your Use Of The Dumb Charade, Dumb Charade May Collect Certain Personal Information About You. You Agree That Dumb Charade May Use Any Information We Obtain About You In Accordance With The Provisions Of Our Privacy Policy At Dumb Charade

6. Account Termination Or Deactivation

You Can Deactivate Your Dumb Charade Account By uninstalling the appilication. You May Discontinue Your Participation In And Access To The Dumb Charade At Any Time.

Dumb Charade Reserves The Right To Decide Whether Content Violates These Terms For Reasons Other Than Copyright Infringement, Such As, But Not Limited To, Pornography, Or Obscenity. Dumb Charade May Terminate Your Dumb Charade Account Or Suspend Your Access To All Or Part Of The Dumb Charade, Without Prior Notice, If You Violate These Terms Or You Engage In Any Conduct That Dumb Charade, In Its Sole And Absolute Discretion, Believes Is In Violation Of Any Applicable Law Or Regulation Or Is Otherwise Harmful To The Interests Of Dumb Charade, Any Other Dumb Charade User, Or Any Third Party.

If We Terminate Your Access To The Service Or You Deactivate Your Account, The Content You Created And/Or Uploaded To The Site Will No Longer Be Accessible Through Your Account, But That Content May Persist And Appear Within The Service (E.G., If Your Content Has Been Reshared By Others). Upon Termination, All Licenses And Other Rights Granted To You In These Terms Will Immediately Cease.

7. Your Content And Conduct

As A Dumb Charade Account Holder You May Submit Content To The Dumb Charade. You Are Solely Responsible For Your Conduct, Any Content You Submit, Post Or Display On Or Via The Dumb Charade , And The Consequences Of Submitting, Posting And Displaying Your Content On The Dumb Charade. You Understand That Dumb Charade Does Not Guarantee Any Confidentiality With Respect To Any Content You Submit.

Dumb Charade Does Not Claim Ownership Rights In Of Any Of The Content You Submit For Display Or Distribution To Others Through The Dumb Charade . For Clarity, You Retain All Of Your Ownership Rights In Your Content. However, By Submitting Content To Dumb Charade, You Hereby Grant Dumb Charade A Perpetual, Non-Exclusive, Royalty-Free, Sublicenseable And Transferable License To Use, Reproduce, Distribute, Prepare Derivative Works Of, Display, And Perform The Content In Connection With The Service And Dumb Charade’s Business, Including Without Limitation For Promoting And Redistributing Part Or All Of The Service (And Derivative Works Thereof) In Any Media Formats And Through Any Media Channels, Throughout The Universe. You Also Hereby Grant Each User Of The Service A Non-Exclusive License To Access Your Content Through The Service, And To Use, Reproduce, Distribute, Display And Perform Such Content As Permitted Through The Functionality Of The Service And Under These Terms.

You Understand And Agree That Dumb Charade May Retain, But Not Display, Distribute, Or Perform, Server Copies Of Your Content That Has Been Removed Or Deleted. The Above Licenses Granted By You In Content You Submit To The Service Do Not Terminate After You Remove Or Delete Your Content From The Service. The Above Licenses Granted By You In Content You Submit Are Perpetual And Irrevocable.

You Represent And Warrant That: (I) You Own The Content Posted By You On Or Through The Dumb Charade Or Otherwise Have The Right To Grant The Rights And Licenses Set Forth In These Terms; (Ii) The Posting And Use Of Your Content On Or Through The Dumb Charade Does Not Violate, Misappropriate Or Infringe On The Rights Of Any Third Party, Including, Without Limitation, Privacy Rights, Publicity Rights, Copyrights, Trademark And/Or Other Intellectual Property Rights; (Iii) You Agree To Pay For All Royalties, Fees, And Any Other Monies Owed By Reason Of Content You Post On Or Through The Dumb Charade ; (Iv) You Have The Legal Right And Capacity To Enter Into These Terms In Your Jurisdiction; And (V) You License To Dumb Charade All Patent, Trademark, Trade Secret, Copyright Or Other Proprietary Rights In And To Your Content For Publication On The Dumb Charade Pursuant To These Terms.

Dumb Charade Does Not Endorse Any Content Submitted To The Service By Any User Or Other Licensor, Or Any Opinion, Recommendation, Or Advice Expressed Therein, And Dumb Charade Expressly Disclaims Any And All Liability In Connection With Content. Dumb Charade Does Not Permit Copyright Infringing Activities And Infringement Of Intellectual Property Rights On The Dumb Charade, And Dumb Charade Will Remove All Content If Properly Notified That Such Content Infringes On Another’s Intellectual Property Rights. Dumb Charade Reserves The Right To Remove Content Without Prior Notice.

8. Dumb Charade’s Rights

The Dumb Charade Contains Content Owned Or Licensed By Dumb Charade (“Dumb Charade Content”). Dumb Charade Content Is Protected By Copyright, Trademark, Patent, Trade Secret And Other Laws, And, As Between You And Dumb Charade, Dumb Charade Owns And Retains All Rights In The Dumb Charade Content And The Dumb Charade . You Will Not Remove, Alter Or Conceal Any Copyright, Trademark, Service Mark Or Other Proprietary Rights Notices Incorporated In Or Accompanying The Dumb Charade Content And You Will Not Reproduce, Modify, Adapt, Prepare Derivative Works Based On, Perform, Display, Publish, Distribute, Transmit, Broadcast, Sell, License Or Otherwise Exploit The Dumb Charade Content Except As Explicitly Permitted By Dumb Charade.

Dumb Charade Reserves The Right To Display Advertisements In Connection With User-Generated Content And To Use Such Content For Advertising And Promotional Purposes. Dumb Charade Does Not Pre-Screen User Content And You Agree That You Are Solely Responsible For All Of Your Content. Dumb Charade Is Not Required To Host, Display, Or Distribute Any Ser-Generated Content, And May Remove Or Refuse Any Such Content At Any Time.

9. Suggestions And Unsolicited Ideas

It Is Dumb Charade’s Policy Not To Accept Or Consider Content, Information, Ideas, Suggestions Or Other Materials (Collectively, “Ideas”) Other Than Those We Have Specifically Requested And To Which Certain Specific Terms, Conditions And Requirements May Apply. If, Despite Our Policy, You Choose To Send Us Ideas, You Further Agree That Dumb Charade Is Free To Use, Disclose, Reproduce, License, Or Otherwise Distribute Or Exploit Any Such Ideas In Its Sole Discretion, For Any Purposes Whatsoever, Including, Without Limitation, Developing And Marketing Products And Services, Without Any Liability Or Payment Of Any Kind To You, And Without Any Obligations Or Restrictions Of Any Kind, Including Intellectual Property Rights Or Licensing Obligations. You Understand And Agree That The Incorporation By Dumb Charade Of Ideas Into Any Of Its Products Or Services Does Not Grant You Any Proprietary Rights Therein.

10. Fees

Dumb Charade Reserves The Right At Any Time To Charge Fees For Access To The Dumb Charade Content Or Service Or To Portions Of The Existing Dumb Charade Content Or Service Or To The Dumb Charade As A Whole. In No Event Will You Be Charged For Access To Any Dumb Charade Content Or Service, Or To The Dumb Charade As A Whole, Unless Dumb Charade Obtains Your Prior Agreement To Pay Such Fees. If You Do Not Consent To The Payment Of Such Fees, However, You May Not Have Access To Paid Content Or Service. Details Regarding The Services You Will Receive In Exchange For The Payment Of Fees, As Well As Any Payment Terms And Conditions That Apply In Addition To Those Set Forth In The Subscriptions’ Section Of These Terms, Will Be Disclosed To You Prior To Your Agreement To Pay Such Fees. All Such Terms Will Be Deemed To Be A Part Of (And Are Hereby Incorporated By Reference Into) These Terms.

11. Subscriptions

If You Subscribe To Any Service Provided Through The Dumb Charade , You Agree To Pay The Subscription Fee Identified At The Time You Subscribe For The Subscription Type You Select. At The Time You Subscribe, You Will Be Asked To Select The Time Period (Subject To Any Identified Minimum Period) For Your Subscription (The “Subscription Period”). At The End Of The Subscription Period, Unless You Previously Have Cancelled Your Subscription, Your Subscription Will Automatically Renew For Successive Subscription Periods And (Upon Renewal) Your Credit Card Will Be Charged The Then-Applicable Subscription Fee For Your Subscription Period. Dumb Charade Reserves The Right At Any Time To Change The Fees It Charges For Subscriptions To Any Service Provided Through The Dumb Charade (Or Any Portion Thereof). However, In No Event Will Any Such Change Apply To Any Subscription Period For Which You Already Have Paid. It Is Your Responsibility To Determine If You Would Like To Use Any Such Service BEFORE Subscribing. Once You Have Paid A Subscription Fee, A Refund Cannot Be Given. If, However, You Are Having Problems Accessing Any Service To Which You Have Subscribed, Have Contacted Dumb Charade, Have Exhausted All Support Options That Dumb Charade Provides To Assist You With Technical Problems, And Are Still Unable To Access That Service, Dumb Charade Will Refund The Subscription Fee You Have Paid. These Are The ONLY Circumstances Under Which You Will Receive A Refund Of Any Subscription Fee You Have Paid. In No Event Will You Receive A Refund If Dumb Charade Terminates Your Account Under These Terms.

12. Intellectual Property, Software, Restrictions On Use

“Dumb Charade” And The Dumb Charade Logo, And Certain Other Of The Names, Logos, And Materials Displayed In The Dumb Charade , Constitute Trademarks, Trade Names, Or Service Marks (“Marks”) Of Dumb Charade Or Other Entities. Ownership Of All Such Marks And The Goodwill Associated Therewith Remains With Dumb Charade Or Those Other Entities. You Are Not Authorized To Use Any Such Marks.

All Content As Well As The Marks On The Dumb Charade Are Owned By Or Licensed To Dumb Charade, Subject To Copyright And Other Intellectual Property Rights Under The Law. Other Than With Respect To Your Own Submitted Content: (A) The Content May Not Be Copied, Modified, Reproduced, Republished, Posted, Transmitted, Sold, Offered For Sale, Or Redistributed In Any Way Without The Prior Written Permission Of Dumb Charade And Its Applicable Licensors, Except As Explicitly Permitted Via The Service; And (B) You Must Abide By All Copyright Notices, Information, Or Restrictions Contained In Or Attached To Any Content.

The Software Applications Used By The Dumb Charade (The “Software”) Are The Property Of Dumb Charade And Its Licensors. You Agree Not To Attempt To Copy, Reverse Engineer, Decompile Or Otherwise Obtain Access To The Software, Whether In Source Or Object Code Form.

13. Warranty Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE Dumb Charade SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Dumb Charade, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Dumb Charade AND YOUR USE THEREOF. Dumb Charade MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Dumb Charade , (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Dumb Charade , (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Dumb Charade BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Dumb Charade .

YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, SOUND AND VIDEO FILES, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE Dumb Charade IS NOT GUARANTEED AND THAT Dumb Charade WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE Dumb Charade OR ITS UNAVAILABILITY.

Dumb Charade DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Dumb Charade OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Dumb Charade 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.

Dumb Charade DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

BY ACCESSING OR USING THE Dumb Charade YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THEDumb Charade.

14. Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Dumb Charade, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Dumb Charade , (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Dumb Charade , (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE Dumb Charade BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Dumb Charade , WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Dumb Charade IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT Dumb Charade SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service Is Controlled And Offered By Dumb Charade From Its Facilities In India. Dumb Charade Makes No Representations That The Service Is Appropriate Or Available For Use In Other Locations. Those Who Access Or Use The Service From Other Jurisdictions Do So At Their Own Volition And Are Responsible For Compliance With Local Law.

15. Indemnity

To The Extent Permitted By Applicable Law, You Agree To Defend, Indemnify And Hold Harmless Dumb Charade, Its Shareholders, Officers, Directors, Employees, Licensors And Agents, From And Against Any And All Claims, Damages, Obligations, Losses, Liabilities, Costs, Fees And Expenses (Including But Not Limited To Reasonable Attorneys’ Fees) Arising From: (I) Your Use Of And Access To The Service; (Ii) Your Violation Of Any Term Of These Terms; (Iii) Your Violation Of Any Third Party Right, Including Without Limitation Any Copyright, Property, Or Privacy Right; Or (Iv) Any Claim That Your Content Caused Damage To A Third Party. Dumb Charade Reserves The Right, At Its Own Expense, To Assume The Exclusive Defense And Control Of Any Matter Otherwise Subject To Indemnification By You, And In Such Case, You Agree To Cooperate With Dumb Charade’s Defense Of Such Claim. This Defense And Indemnification Obligation Will Survive These Terms And Your Use Of The Service.

16. Ability To Accept Terms Of Service

You Affirm That You Are Either More Than 18 Years Of Age, Or An Emancipated Minor, Or Possess Legal Parental Or Guardian Consent, And Are Fully Able And Competent To Enter Into The Terms, Conditions, Obligations, Affirmations, Representations, And Warranties Set Forth In These Terms, And To Abide By And Comply With These Terms. In Any Case, You Affirm That You Are Over The Age Of 13, As The Service Is Not Intended For Children Under 13. If You Are Under 13 Years Of Age, Then Please Do Not Use The Service.

17. Assignment

These Terms, And Any Rights And Licenses Granted Hereunder, May Not Be Transferred Or Assigned By You. Any Purported Assignment Or Delegation By You Without The Appropriate Prior Written Consent Of Dumb Charade Will Be Null And Void. Dumb Charade May Assign These Terms Or Any Rights Hereunder Without Your Consent.

18. No Class Actions

Neither You Nor Dumb Charade Will Participate In A Class Action Or Class-Wide Arbitration For Any Claims Covered By This Agreement. You Also Agree Not To Participate In Claims Brought In A Private Attorney General Or Representative Capacity, Or Consolidated Claims Involving Another Person’s Account, If Dumb Charade Is A Party To The Proceeding.

19. Governing Law, Venue & Dispute Resolution

You Agree That: (I) The Service Shall Be Deemed Solely Based In India; And (Ii) The Service Shall Be Deemed A Passive Website That Does Not Give Rise To Personal Jurisdiction Over Dumb Charade, Either Specific Or General, In Jurisdictions Other Than California. These Terms And The Relationship Between You And Dumb Charade Are Governed By The Internal Substantive Laws Of The State Of California As Applied To Agreements Made, Entered Into, And Performed Entirely In California By California Residents, Notwithstanding Your Actual Place Of Residence, Without Giving Effect To Any Principles Of Conflicts Of Law, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Any Claim Or Dispute Between You And Dumb Charade That Arises In Whole Or In Part From Or Relating To These Terms Or Your Use Of The Dumb Charade Shall Be Decided Exclusively By A Court Of Competent Jurisdiction Located In Los Angeles County, California, And You Hereby Irrevocably Submit To The Personal Jurisdiction Of The Courts Located In Los Angeles County For The Purpose Of Litigating All Such Disputes.

Dumb Charade Reserves The Right To Change This Dispute Resolution Provision, But Any Such Changes Will Not Apply To Disputes Arising Before The Effective Date Of The Amendment. This Dispute Resolution Provision Will Survive The Termination Of Any Or All Of Your Transactions With Dumb Charade.

20. Governing Law, Venue & Dispute Resolution

The Information Provided Within The Service Is Not Intended For Distribution To Or Use By Any Person Or Entity In Any Jurisdiction Or Country Where Such Distribution Or Use Would Be Contrary To Law Or Regulation Or Which Would Subject Dumb Charade To Any Registration Requirement Within Such Jurisdiction Or Country. We Reserve The Right To Limit The Availability Of The Service Or Any Portion Of The Service, To Any Person, Geographic Area, Or Jurisdiction, At Any Time And In Our Sole Discretion, And To Limit The Quantities Of Any Content, Program, Product, Service Or Other Feature That Dumb Charade Provides.

21. Entire Agreement

If You Are Using The Service On Behalf Of A Legal Entity, You Represent That You Are Authorized To Enter Into An Agreement On Behalf Of That Legal Entity. These Terms Of Service, Together With The Privacy Policy At Dumb Charade And Any Other Legal Notices Published By Dumb Charade On The Service, Shall Constitute The Entire Agreement Between You And Dumb Charade Concerning The Service.

22. General Provisions

If Any Provision Of These Terms Is Held To Be Unlawful, Void, Or For Any Reason Unenforceable By A Court Of Competent Jurisdiction, Then The Parties Nevertheless Agree That Provision Will Be Deemed Severable From These Terms And Will Not Affect The Validity And Enforceability Of Any Remaining Provisions, Which Shall Remain In Full Force And Effect. Dumb Charade’s Failure To Insist Upon Or Enforce Strict Performance Of Any Provision Of These Terms Will Not Be Construed As A Waiver Of Any Provision Or Right. No Waiver Of Any Of These Terms Will Be Deemed A Further Or Continuing Waiver Of Such Term Or Condition Or Any Other Term Or Condition.

Neither The Course Of Conduct Between The Parties Nor Trade Practice Will Act To Modify The Terms. These Terms Do Not Confer Any Third-Party Beneficiary Rights.

23. Amendment Or Modification Of Terms

Dumb Charade May, In Its Sole Discretion, Amend, Modify Or Revise These Terms At Any Time And Without Notice. You Agree That We May Notify You Of The Updated Terms By Posting Them On The Site. Your Use Of The Dumb Charade After The Effective Date Of The Updated Terms Will Signify Your Assent To And Acceptance Of These Revised Terms. Any Updated Terms Will Be Effective As Of The Time Of Posting, Or Such Later Date As May Be Specified In The Updated Terms, And Will Apply To Your Use Of The Service From That Point Forward. If You Object To Any Such Changes, Your Sole Recourse Will Be To Cease Using The Dumb Charade . Nothing In These Terms Shall Be Deemed To Confer Any Third-Party Rights Or Benefits.