Last Updated: January 30, 2021
Welcome to the Mindset by DIVE Studios application (together with all of its features and content and related or commonly owned or operated websites and applications, the “Platform”), an interactive content sharing platform that allows end users who access and/or use the Platform (such end users, whether registered or unregistered, “Users,” and each, a “User”, “you,” or “your”) to subscribe to and consume audio, audio-visual and related multimedia content (“Episodes”) uploaded to the Platform by various content creators (“Creators”) through such Creators’ content channels (“Mindsets,” and together with Episodes and all other content therein, “Creator Content”). The Platform is made available by Creators Collective, Inc., a Delaware corporation doing business as DIVE Studios (“DIVE Studios”).
YOU MUST BE AT LEAST THIRTEEN (13) YEARS TO ACCESS AND USE THE PLATFORM; PROVIDED, IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) YEARS OLD (OR ANY OTHER APPLICABLE AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) YOU MAY ONLY ACCESS AND USE THE PLATFORM WITH THE PRIOR PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN, AND YOU REPRESENT AND WARRANT TO US THAT YOU HAVE SUCH PERMISSION AND THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND DISCUSSED THESE TERMS OF SERVICE WITH YOU. SINCE CERTAIN CONTENT MADE AVAILABLE ON THE PLATFORM MAY NOT BE SUITABLE FOR MINORS, WE RECOMMEND THAT PARENTS OR LEGAL GUARDIANS WHO PERMIT THEIR CHILD TO ACCESS AND USE THE PLATFORM TO SUPERVISE SUCH CHILD’S ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ENGAGEMENT WITH ANY OTHER USER THEREON
By accessing and using the Platform and/or creating an Account (as defined below), you are deemed to have read, accepted, executed, and be bound by these Terms and Conditions of Use. DIVE Studios may change or amend these Terms and Conditions of Use at any time at its sole and absolute discretion. If DIVE Studios makes a material change or amendment to these Terms and Conditions of Use, it will notify Users thereof by posting such changes or amendments on the Platform, which changes or amendments will be effective automatically upon the posting thereof. You agree that all agreements, notices, disclosures, and other communications DIVE Studios provides to you electronically satisfy any legal requirement that such communications be in writing. IF ANY OF THESE TERMS AND CONDITIONS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE PLATFORM OR THE PLATFORM CONTENT AND DO NOT CREATE AN ACCOUNT. YOUR CONTINUED USE OF THE PLATFORM OR THE PLATFORM CONTENT FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS AND CONDITIONS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.
DIVE Studios hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicenseable right and license to access and make personal use of the Platform and Platform Content solely as permitted by the tools, products, services, functionalities, and/or features of the Platform, subject in all respects to these Terms and Conditions of Use, and not for redistribution of any kind (except as otherwise expressly facilitated through the Platform’s functionalities) (the “License”). This License does not include any resale or commercial use of (i) the Platform, (ii) Creator Content, (iii) any Registration Data (defined below), (iv) any other content, materials, information, text, data, copyrights, designs, insignia, images, photos, articles, stories, artwork, videos, pictures, musical compositions, sound recordings, screenshots, chats, posts, graphics, identifying marks, Platform pages (including Mindsets), software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Platform by DIVE Studios, the applicable Creators, or other Users via the Interactive Functionalities, or (v) any trademarks, service marks, logos, designs, and insignia of DIVE Studios or any third-party, including, without limitation, any Creator’s or any Creator’s Charitable Partner (defined below), or products or services used or displayed on or through the Platform or in collateral materials thereto (collectively, “Trademarks,” and together with the items set forth in items (ii) through (iv) above, the “Platform Content”), which Platform Content is and shall remain the sole and exclusive property of DIVE Studios or the applicable Creator, Creator Charitable Partner, or other third-party licensor/owner from whom DIVE Studios obtained the right to use such Platform Content. You specifically acknowledge and agree that all Trademarks described in item (v) are registered or unregistered trademarks or service marks of DIVE Studios or the applicable third-party licensor/owner thereof, and nothing on the Platform or in these Terms and Conditions of Use should be construed as granting, by implication, estoppel, or otherwise, any right or license to use the Trademarks. All goodwill generated from the use of the Trademarks inures to the benefit of the applicable owner thereof.
As between you and DIVE Studios, DIVE Studios retains all right, title, and interest in and to the Platform, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Platform, (iii) all other materials and content uploaded or incorporated into the Platform, including, without limitation, all Platform Content, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and the coordination, selection, arrangement and enhancement of such associated trade secret rights and other intellectual property and proprietary rights as a collective work under the U.S. Copyright Act of 1976, as amended (collectively, “Platform IP”), and nothing contained herein shall be construed as creating or granting you any right, title, or interest in and to such Platform IP other than the License expressly granted herein. Platform IP is protected in all forms, media, and technologies now known or hereinafter developed by state, federal, and international laws of copyright, trademarks, patents, and other intellectual property and proprietary rights.
To use any Creator Content in any manner not expressly permitted hereunder, you will need permission from the applicable Creator in addition to the owner of any content and other materials incorporated therein. DIVE Studios is not responsible for putting you in touch with any Creator or third-party owner for purposes of obtaining such permission.
Violation of this License may result in infringement of intellectual property and contractual rights of DIVE Studios, Creators, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
The Platform may include embedded third-party content or links (such as hyperlinks) to third-party websites, products, or services (including external websites that are framed by the Platform as well as any advertisements displayed in connection therewith) that are not owned or controlled by DIVE Studios (collectively, “Third-Party Content”). Third-Party Content is provided as an information service, for reference and convenience only. DIVE Studios does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy or (ii) content, advertising, or products or services.
Inclusion of any Third-Party Content or goods or services available for purchase from third-parties (“Third-Party Products”) on the Platform does not constitute or indicate DIVE Studios’ endorsement thereof and DIVE Studios shall not be liable or responsible for any Third-Party Content transmitted through the Platform or Third-Party Products displayed on the Platform. You shall be subject to any additional terms and conditions of use or service, guidelines, rules, privacy policies, and other practices applicable to any Third-Party Content that you access or Third-Party Products you purchase on or through the Platform (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms and Conditions of Use. You acknowledge and agree that DIVE Studios will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for and risk associated with your use and/or access of, or interaction with of Third-Party Content, including compliance with Third-Party Terms associated therewith. Accordingly, DIVE Studios encourages you to be aware when you leave the Platform and to read the Third-Party Terms associated with any Third-Party Content.
By using the Platform, you expressly release and hold DIVE Studios harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any Liabilities or Losses (defined below) incurred as a result of any dealings between you and any third-party Persons, or as the result of the presence of such Third-Party Content or Third-Party Product on the Platform or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons.
The Platform contains certain interactive functionalities and features whereby Users can interact with certain Creator Content, Mindsets, Creators, and/or other Users, including, without limitation, by commenting on Episodes and “liking” or “following” certain Creator Content, Mindsets, Creators and/or Users (the “Interactive Functionalities”).
In the future, the Platform may also enable Users to connect and communicate directly with Creators through recorded voice messages (the “Voice Messaging Feature”). If and when such Voice Messaging Feature is made available, it will be within each Creator’s sole discretion whether or not to respond to any User through the Voice Messaging Feature and when and how to communicate with Users through the Voice Messaging Feature. DIVE Studios does not guarantee any type, quality, or frequency of communication, if at all, with any Creator and does not monitor or moderate communications between Users and Creators through the Voice Messaging Feature.
Each User and any Creator (as applicable) using/engaging with the Interactive Functionalities and the Voice Messaging Feature (as applicable), shall at all times conduct himself or herself professionally, civilly, and respectfully and shall in no event harass, solicit, stalk, maliciously target, or otherwise make hurtful, racist, defamatory, derogatory, or sexually explicit statements, gestures, comments, inquiries, or propositions, or engage in malicious, sexually explicit, or illegal conduct against, the other User or Creator (as applicable). Additionally, no User shall misrepresent his/her identity or his/her affiliation with or endorsement by any third party, including without limitation, any Creator or Creator’s Charitable Partner.
You hereby acknowledge and agree that DIVE Studios does not actively monitor or police the Interactive Functionalities, the Voice Messaging Feature (as applicable), or specific interactions between Users and/or Creators (and has no obligation to do so) and you hereby disclaim and hold DIVE Studios harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User and any interaction with any Creator. Notwithstanding the foregoing, DIVE Studios reserves the right to determine, at its sole discretion and without notice to you, to remove any comments that you post via the Interactive Functionalities, to undo any of your “likes” or “follows”, to block you (temporarily or permanently) from accessing particular Interactive Functionalities, and to determine what constitutes a violation of the restrictions set forth above, where/when a violation may have occurred that has occurred, and whether to partially or completely deny, suspend, or terminate your access to the Platform if such determination is made.
To report any activity that violates these restrictions, please email DIVE Studios at email@example.com.
You hereby grant to DIVE Studios a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) right and license to use, reproduce, store, distribute, publish, display, publicly perform, modify, adapt, make derivative works of, and otherwise exploit and exercise all copyright, privacy and publicity rights, and any other rights you may have in, anything that you upload to the Platform (including comments) via the Interactive Functionalities in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Platform (and acknowledge that this license shall also apply to the Voice Messaging Feature, provided all uses related to the Voice Messaging Feature content shall be internal), which is without any payment, permission, or notification due from DIVE Studios to you or any other Person.
You represent and warrant that you will not upload anything to the Platform via the Interactive
Functionalities, the Voice Messaging Feature or otherwise that is not your original work of
authorship, for which the owner/licensor thereof has not expressly granted you permission to
use, or for which you do not own or control the rights in and to or do not have proper
clearances, licenses or permissions to upload and to grant DIVE Studios the rights therein
specified above. You further represent and warrant that you will not upload anything to the
Platform, or take any action, via the Interactive Functionalities or Voice Messaging Feature (as
applicable) that violates or will violate applicable law or the rights of any third party,
including, without limitation, any right of publicity, right of privacy, copyright, patent,
trademark, or other intellectual property right or any proprietary right.
You acknowledge and agree that DIVE Studios may establish general practices and limits concerning use of the Platform, including the Interactive Functionalities or the Voice Messaging Feature (as applicable), and/or Platform Content (including Creator Content). You further acknowledge that DIVE Studios reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
DIVE Studios has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. DIVE Studios reserves the right to remove any Platform Content (including any content uploaded by a User via the Interactive Functionalities) that allegedly infringes another Person’s copyright. DIVE Studios will terminate, in appropriate circumstances, Users who are repeat infringers of another Person’s copyright. Notices to DIVE Studios regarding any alleged copyright infringement should be directed to DIVE Studios via email at firstname.lastname@example.org. This email address is only for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms and Conditions of Use.
Notification of Alleged Copyright Infringement:If any Person believes in good faith that its intellectual property has been used on the Platform in a way that constitutes copyright infringement under applicable law, such Person or its agent (each, a “Copyright Claimant”) may provide DIVE Studios with a written notice containing the following:
U.S. law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Counternotice to Restore Content Removed for Alleged Copyright Infringement: If a User or Creator believes that Creator Content or any content uploaded by a User via the Interactive Functionalities, respectively, has been removed by mistake or misidentification, that Creator or User may provide DIVE Studios with a written counter-notification containing the following information:
You agree not to display or use in any manner any Trademark, either registered under the laws of the Unite States or any other country or jurisdiction, or unregistered and existing at common law, belonging to DIVE Studios or any other third party unless you obtain DIVE Studios’ or such third party’s prior written consent.
DIVE Studios reserves the right to remove any Platform Content that allegedly infringes another Person’s Trademark. Notices to DIVE Studios regarding any alleged Trademark infringement should be directed to DIVE Studios via email at email@example.com. This email address is only for reporting suspected Trademark infringement. Contact information for other matters is provided elsewhere in these Terms and Conditions of Use.
Notification of Alleged Trademark Infringement: If any Person believes in good faith that its registered Trademark has been used on the Platform in a way that constitutes Trademark infringement under applicable law, such Person or its agent (each, a “Trademark Claimant”) may provide DIVE Studios with a written notice containing the following:
No Appeal to Restore Content Removed for Alleged Trademark Infringement: If DIVE Studios removes any Platform Content because of a Trademark infringement report, the applicable Creator/User will receive a notification from DIVE Studios that includes the name and email address of the Trademark Claimant and/or the details of the report. If such Creator/User believes the content at issue should not have been removed, that Creator/User can follow up with the Trademark Claimant directly to try to resolve the issue. DIVE Studios does not provide a counter-notice or appeal mechanisms for claims of Trademark infringement and disclaims any liability for claims any Creator/User might make regarding mistaken or misidentified Trademark infringement notice and takedown requests.
You are solely responsible for all of your interactions with the Platform and other Users and Creators on or through the Platform, including, without limitation, via Interactive Functionalities and the Voice Messaging Feature (as applicable), and you agree to conduct yourself professionally, civilly, and respectfully at all times.
The Platform and Platform Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Platform’s functionalities or without express prior written consent of DIVE Studios, or the Creator or applicable third party owner of any Platform Content.
With limiting the foregoing, while using the Platform, you may not:
The License granted to you terminates automatically upon any unauthorized use of the Platform or the Platform Content and DIVE Studios will take appropriate investigative and legal action for any illegal or unauthorized use of the Platform or Platform Content.
DIVE Studios reserves the right to investigate complaints or reported violations of these Terms and Conditions of Use and to take any action DIVE Studios deems appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-party Persons and disclosing any information necessary or appropriate to such Persons relating to Users’ email addresses, usage history, IP addresses, and traffic information
DIVE Studios further reserves the right, in its sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Platform (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if DIVE Studios believes in good faith that you have violated or acted inconsistently with these Terms and Conditions of Use or any applicable law or that you have engaged in conduct that DIVE Studios determines, in its sole discretion, to be inappropriate or unacceptable. DIVE Studios may also terminate your access to the Platform if you assert any legal claim or bring any legal action against DIVE Studios or assert any legal claim or bring any legal action that involves the Platform. DIVE Studios also reserves the right, at DIVE Studios’ sole discretion, to seek and obtain any other remedies available to DIVE Studios pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms and Conditions of Use or any other act or omission by you that gives rise to a legal claim or legal action or Loss by DIVE Studios. In the event your right to use the Platform terminated, limited, or suspended, these Terms and Conditions of Use will remain in effect and enforceable against you.
You may terminate these Terms and Conditions of Use at any time by ceasing all use of the Platform; provided, however, that all sections of these Terms and Conditions of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms and Conditions of Use.
In order to utilize certain full functionalities of the Platform, you must register and create an Account (each, an “Account”). You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, profile name, profile picture, etc., and to create an Account login password (collectively, “Registration Data”). Alternatively, you may register for an Account using your Facebook, Twitter, Google, Apple, or other available and integrated plug-in credentials, which shall be considered Registration Data for purposes hereof. You agree that all Registration Data you provide to DIVE Studios will be, and remain at all times, true, accurate, current, and complete. DIVE Studios may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by DIVE Studios.
DIVE Studios will have the right to use your Registration Data in connection with servicing and operating the Platform. You agree to (i) restrict access by any other Person to your Account password or other login information, (ii) not knowingly use the Registration Data of any other Person without authorization to create an Account, (iii) not use an email or profile name or other Registration Data that is profane, offensive, or otherwise inappropriate, (iv) not allow any third-party Person to use your Account login information, Registration Data, or Account, and (v) notify DIVE Studios of any breach of security by promptly sending DIVE Studios an email to firstname.lastname@example.org. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. DIVE Studios is not responsible for any Losses as a result of someone else using your Account, Registration Data, or password, with or without your knowledge.
If you are 13 years old or older but younger than the age of majority in your jurisdiction, you may register and become a Member on your own as long as you obtain your parent or legal guardian’s consent prior to registering, and by continuing to use Operator, you represent and warrant that you have obtained that permission.
Creators may offer Episodes to Users either free of charge or for a fee on a discrete transaction (i.e., non-subscription, a la carte) basis (such Episodes, collectively, “Individual Collections”).
Payment and Billing: When you purchase any Individual Collection through the Platform, you must provide and maintain valid payment information (e.g., credit card number) in connection with your Account with DIVE Studios or with your third-party mobile application provider (e.g., Apple Store or Google Play Store) (the “Payment Method”). You represent and warrant that you are authorized to use such Payment Method to make any such purchase, and authorize DIVE Studios to charge your Payment Method for the total amount, including any applicable taxes, for each of your purchases. Such purchase may be suspended or cancelled by DIVE Studios for any reason, including if the Payment Method cannot be verified, is invalid, or is otherwise not acceptable.
Purchasing an Annual Membership: The Annual Membership will renew every 12-months unless you cancel your paid subscription before the end of the current subscription period. To cancel, do so through the App Store. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in our Terms.
Annual Membership Taxes: The price for an Annual Membership is shown/advertised in local currencies and does not include applicable taxes unless it explicitly states otherwise in the terms. You are solely responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your purchase(s) of an Annual Membership in the judgment of DIVE Studios or the Payment Processor.
Payment Processing for Individual Collections: Payment processing services for the purchase of the Individual Collections are currently provided by Stripe, Inc. (the “Payment Processor”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, as modified from time to time (collectively, the “Payment Processor Services Agreement”). By agreeing to these Terms and Conditions of Use and continuing to operate an Account, you agree to be bound by the Payment Processor Services Agreement. You agree to provide DIVE Studios and the Payment Processor with accurate and complete information as and when requested and authorize DIVE Studios to share with or transmit to the Payment Processor such information and transaction details related thereto. For clarity, the Payment Processor serves as DIVE Studios’ provider solely for processing payments in U.S. dollars in connection with purchases made by Users on the Platform.
Individual Collection Pricing and Taxes: All prices for Individual Collections are shown/advertised in U.S. Dollars and do not include applicable taxes unless DIVE Studios explicitly states otherwise. You are solely responsible for any sales, use, value-added or other governmental taxes, fees, or duties due with respect to your purchase(s) of Individual Collections in the judgment of DIVE Studios or the Payment Processor.
Refunds for Purchases of Individual Collections: Should you become dissatisfied with any Premium Episode and notify DIVE thereof within fourteen (14) days from the date of purchase, DIVE Studios will refund the amount you paid for such Individual Collection and, once processed, terminate your access to such Individual Collection(s). Refunds are not available more than fourteen (14) days after a purchase. In addition, if DIVE Studios determines in its sole discretion that you have violated these Terms and Conditions of Use or abused the foregoing refund policy, such as by purchasing Individual Collections and repeatedly requesting refunds for such Individual Collections, DIVE Studios may refuse to refund your purchases of Individual Collections, refuse to process future purchases of Individual Collections, and/or suspend or terminate your Account. To request a refund or to ask a question regarding the fourteen (14) day money back guarantee, email DIVE Studios at email@example.com.
Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
DIVE Studios provides Creators the option to feature on their respective Mindsets a charitable organization (each, a “Creator’s Charitable Partner”) to which to donate a portion of gross proceeds from sales of his or her Individual Collections. Each Creator shall be solely responsible for his or her relationship with his or her Creator’s Charitable Partner, for any and all payments to his or her respective Creator’s Charitable Partner and to any other relevant beneficiaries in accordance with the terms stated on the Platform, and compliance with all applicable laws and regulations with respect thereto. Each Creator has represented and warranted to DIVE Studios that any association or campaign that relates to the Creator’s Charitable Partner or any other fundraising effort is authorized by such Creator’s Charitable Partner or fundraising effort, and that it will ensure that his or her Mindset states clearly and accurately the relationship with his or her Creator’s Charitable Partner and the percentage or amount of proceeds that will be donated from each purchase. Each User acknowledges and agrees that DIVE Studios shall not be responsible for ensuring that the applicable Creator makes the donations of applicable portions of gross proceeds it receives from sales of his or her Individual Collections, that this will be the sole responsibility of such Creator, and that such User will not hold DIVE Studios directly liable for any failure by a Creator to properly do so. For questions or concerns regarding any Creator’s relationship with his or her Creator’s Charitable Partner, please contact the applicable Creator through the Platform, and not DIVE Studios.
The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform is accurate and complies with applicable laws. DIVE Studios will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
DIVE Studios may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of DIVE Studios, and can be activated, modified, or removed at any time by DIVE Studios without advance notification and the liability of any of DIVE Studios’ partners, including Creators, pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms and Conditions of Use.
DIVE Studios disclaims all liability for any communications directed to you from any third-party Person, directly or indirectly, in connection with the Platform, including through the Voice Messaging Feature (“Third-Party Communications”), that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. DIVE Studios assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Platform, you expressly release and hold DIVE Studios harmless from any and all liability arising from your use of any Third-Party Communications, including any Losses incurred as a result of any dealings between you and any third-party Persons. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons.
The Platform is available only to Persons who, if individuals, are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence), or who are between the ages of thirteen (13) and eighteen (18) who have their parent or legal guardian’s permission to use the Platform. BY ACCESSING AND USING THE PLATFORM, EACH PERSON WHO IS AN INDIVIDUAL REPRESENTS AND WARRANTS THAT THEY ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF THEIR PRIMARY RESIDENCE), OR IF THEY ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), HAS THEIR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE PLATFORM AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS AND CONDITIONS OF USE, AND WILL SO ABIDE.
You represent and warrant that (i) all Registration Data and content and other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities is true, accurate, current, and complete and (ii) that such Registration Data and content and other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities, when used for the purposes in which it is submitted, uploaded, posted, or transmitted in or to the Platform, does not infringe upon the rights of any Person, including, without limitation, intellectual property rights, propriety rights, and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration Data and content and other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities or otherwise provide to DIVE Studios and that DIVE Studios reserves the right to reject or remove all or a portion of any such Registration Data or content or other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities of the Platform that DIVE Studios determines, in its sole discretion, does not comply with these Terms and Conditions of Use, or for any other reason, without notice or liability to you.
YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DIVE STUDIOS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CREATOR CONTENT, OR THIRD-PARTY CONTENT LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF OR WITHIN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM OR THE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DIVE STUDIOS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. DIVE STUDIOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PERSON, INCLUDING ANY CREATOR, THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND DIVE STUDIOS 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, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE INFORMATION, OPINIONS, AND RECOMMENDATIONS PRESENTED BY CREATORS IN THEIR RESPECTIVE CREATOR CONTENT ARE FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY. DIVE STUDIOS DOES NOT ENDORSE ANY OF THE FACTS OR OPINIONS CONTAINED IN ANY CREATOR CONTENT. DO NOT RELY ON THE INFORMATION, OPINIONS, OR RECOMMENDATIONS CONTAINED IN ANY CREATOR CONTENT OR OTHERWISE PROVIDED BY ANY CREATOR AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE OR MEDICAL OR HEALTH AND WELLNESS ADVICE, DIAGNOSIS, TREATMENT, OR TRAINING BY A QUALIFIED HEALTHCARE PROVIDER OR INSTITUTION. CONSULT AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LAWYER, ACCOUNTANT, TAX OR FINANCIAL PLANNER, PHYSICIAN, PSYCHOLOGIST, THERAPIST, DIETITIAN, NUTRITIONIST, OR OTHER LICENSED HEALTH PROFESSIONAL TO ADDRESS SPECIFIC CONCERNS THAT REQUIRE PROFESSIONAL OR MEDICAL ADVICE OR TRAINING. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN, PSYCHOLOGIST, THERAPIST, DIETITIAN, NUTRITIONIST, OR OTHER LICENSED HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED IN CREATOR CONTENT OR BY ANY CREATOR. THE USE OF ANY INFORMATION, OPINIONS, OR RECOMMENDATIONS PROVIDED IN OR THROUGH CREATOR CONTENT OR BY ANY CREATOR IS SOLELY AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, NONE OF THE DIVE STUDIOS PARTIES (DEFINED BELOW) WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. NONE OF DIVE STUDIOS PARTIES SHALL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING ANY CREATOR. NONE OF THE DIVE STUDIOS PARTIES WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE DIVE STUDIOS PARTIES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY THIRD-PARTY PERSONS, INCLUDING ANY CREATOR.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
YOU ACKNOWLEDGE AND AGREE THAT DIVE STUDIOS IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF DIVE STUDIOS’ LIABILITY TO YOU AND THIRD-PARTY PERSONS. THEREFORE, YOU AGREE NOT TO HOLD DIVE STUDIOS OR ANY OF ITS PAST, PRESENT, OR FUTURE PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES OR ANY OF THEIR RESPECTIVE PAST, PRESENT, OR FUTURE OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, CONTENT PARTNERS (INCLUDING CREATORS AND THEIR RESPECTIVE CREATOR’S CHARITABLE PARTNERS) VENDORS, LICENSORS, DISTRIBUTORS, ADVERTISERS, OTHER CONTRACTING PERSONS, AGENTS REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “DIVE STUDIOS PARTIES”) LIABLE FOR ANY SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PERSON’S LOSSES (DEFINED BELOW), INCLUDING AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION ANY CLAIMS ARISING IN CONNECTION WITH (I) THE CONDUCT, ACT, OR OMISSION OF ANY USER OR CREATOR (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), (II) ANY CREATOR CONTENT, EPISODE, OR Mindset, (III) ANY DISPUTE WITH ANY USER OR CREATOR, (IV) ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY DIVE STUDIOS PARTIES, OR (V) ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL ANY OF THE DIVE STUDIOS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE DIVE STUDIOS PARTIES IS LIABLE FOR LOSSES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AND DIVE STUDIOS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR DIVE STUDIOS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR DIVE STUDIOS ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND DIVE STUDIOS FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, DIVE STUDIOS, AND ALL OTHER PERSONS PARTY TO ANY SUCH PROCEEDING.
You hereby agree to indemnify, defend and hold harmless, the DIVE Studios Parties, from and against any and all losses, liabilities, damages, settlements, costs, penalties, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any Liabilities brought by a third-party Person based on: (i) your use of, or inability to use, the Platform, including the Platform Content; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms and Conditions of Use; (iii) any Registration Data or content or other information transmitted by you to DIVE Studios or any other Person; (iv) your violation of any applicable local, state, federal, or international law or regulation; or (v) your violation of any Person’s rights, including, but not limited to, any intellectual property rights or rights of privacy and publicity. The applicable DIVE Studios Parties shall promptly notify you in writing of any such indemnified claim (provided, however, any delay in such notice shall not relieve you of your obligations hereunder except to the extent such delay prejudices the defense of such claim) and give you the opportunity to defend or settle such claim at your sole cost and expense; provided, however, you shall not settle any such claim without the applicable DIVE Studios Parties’ prior written consent, not to be unreasonably withheld, delayed, or conditioned; provided, further, the DIVE Studios Parties reserve the right to assume the exclusive defense and control of any such claim. In all cases, the DIVE Studios Parties will cooperate with you, at your sole cost and expense, in defending or settling such claim.
Access to and use of the Platform requires a compatible mobile device, such as a smartphone or a tablet, and Internet connection. Although DIVE Studios endeavors to ensure that the Platform is compatible across various devices, DIVE Studios cannot guarantee that the Platform will work with all devices and hardware types.
It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Platform may vary in functionality, availability, and quality depending on the type of the device and the operating system that you use and DIVE Studios accepts no responsibility for any lack of functionality that is due to your equipment (including your device, Internet connection, or operating system or settings and software).
It is your responsibility to pay for all costs and expenses that you may incur while using the Platform (including, but not limited to, all telephone call or line charges or Internet data service access charges).
DIVE Studios does not represent or warrant that the Platform or Platform Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that the Platform or Platform Content will always be accessible. DIVE Studios does not warrant or represent that the Platform Content will be correct, accurate, timely, or otherwise reliable. Your access to the Platform may be interfered with by numerous factors outside of DIVE Studios’ control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. DIVE Studios is not responsible, and will have no liability, for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Platform. Additionally, perfect security does not exist on the Internet; DIVE Studios cannot and does not guarantee that any Registration Data, or other personally identifiable information submitted, uploaded, posted, or transmitted in or to the Platform will not become public under any circumstances.
DIVE Studios may in the future update the Platform, or any portion thereof, to change the Platform Content and/or features thereof at any time (an “Update”). DIVE Studios shall not be liable to any User in any way as a result of any temporary suspension of the Platform, or portions thereof (including any Content), arising from or in connection with an Update. Furthermore, DIVE Studios is under no obligation to undergo an Update to the extent any Platform Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.
These Terms and Conditions of Use are governed by and construed in accordance with the internal law of the State of California without reference to its principles of conflicts of laws and any dispute or legal claim arising out of or relating to these Terms and Conditions of Use or your use of the Platform shall be adjudicated exclusively in either the state courts situated in Los Angeles County, California or the United States District Court for the Central District of California and you hereby irrevocably waive all jurisdictional, venue, or inconvenient forum objections to such courts.
You agree that, regardless of any applicable law to the contrary, any legal claim or cause of action arising out of or relating to these Terms and Conditions of Use or your use of the Platform must be filed with a court of competent jurisdiction within one (1) year after such legal claim or cause of action arose or else will be forever barred.
DIVE Studios may assign, subcontract, or otherwise transfer any or all of its rights and/or obligations under these Terms and Conditions of Use to any Person. You may not assign or transfer your rights or obligations under these Terms and Conditions of Use to any Person.
Questions or comments about the Platform or DIVE Studios’ services or these Terms and Conditions of Use should be sent by email to firstname.lastname@example.org.