Terms and Conditions

These Terms and Conditions (the “Terms”) govern your access to and use of the website at www.dazzle.tv, the Dazzle mobile applications, and related services (collectively, the “Service”) operated by Dazzle, Inc., a Delaware corporation (“Dazzle,” “we,” “us,” or “our”). Dazzle operates a mobile platform for live interactive shows. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction (typically 18), you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. By using the Service, you represent that (a) you meet the age requirement; (b) you have not been previously suspended or removed from the Service; and (c) your use complies with all applicable laws.

If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

2. Your Account

You must create an account to access certain features. You agree to provide accurate, current, and complete information and to keep your account information up to date. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately at hi@dazzle.tv if you suspect unauthorized access. We may suspend or terminate your account in accordance with Section 16.

3. License to Use the Service

Subject to your compliance with these Terms, Dazzle grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use. All rights not expressly granted are reserved by Dazzle.

4. Subscriptions, Virtual Goods, and Payments

4.1 In-App Purchases

The Service may offer paid subscriptions, virtual goods (such as virtual gifts, tokens, or coins), and other paid features (collectively, “Paid Features”). Paid Features are sold through the Apple App Store or Google Play (each, an “App Store”). Your purchase is governed by the App Store’s terms of service in addition to these Terms.

4.2 Auto-Renewing Subscriptions

Subscriptions automatically renew at the end of each billing period at the then-current price unless canceled at least 24 hours before the end of the current period. The applicable App Store will charge your payment method at confirmation of purchase and at each renewal. You can manage subscriptions, view and change auto-renewal settings, and cancel through your App Store account settings.

4.3 Free Trials

If we offer a free trial, your subscription will convert to a paid subscription at the end of the trial unless you cancel before it ends. Free trials may not be combined with other offers and may be limited to one per customer.

4.4 Virtual Goods

Virtual goods are licensed, not sold. They have no monetary value and may not be redeemed for cash or transferred outside the Service except as required by applicable law. Virtual goods are non-refundable except as required by applicable law or as provided by the applicable App Store. We may modify, suspend, or discontinue virtual goods at any time.

4.5 Price Changes

We may change the price of Paid Features from time to time. Price changes will take effect at the start of the next billing period following the change. Where required by law, we will provide advance notice and, where required, obtain your consent before applying a price increase.

4.6 Refunds

All sales are final. Refunds, where available, are handled by the applicable App Store in accordance with its policies. We do not have the ability to issue refunds directly for App Store transactions. Where required by applicable law (including any statutory right of withdrawal in the EU or UK), we will honor any non-waivable rights you have.

4.7 Taxes

You are responsible for any taxes, duties, and other governmental charges applicable to your purchases, except for taxes on Dazzle’s net income.

5. User Content

5.1 Your Content

The Service allows you to create, post, upload, broadcast, share, and store content, including text, images, audio, video, livestream broadcasts, recorded streams, chat messages, comments, reactions, and other materials (collectively, “User Content”). You retain ownership of your User Content, subject to the licenses below.

5.2 License to Dazzle

You hereby grant Dazzle a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to host, store, cache, reproduce, modify, create derivative works of (for example, for technical purposes such as encoding, resizing, transcoding, captioning, or moderation), publicly display, publicly perform, communicate to the public, broadcast, stream, distribute, translate, and otherwise use your User Content in connection with operating, providing, promoting, and improving the Service and Dazzle’s business. This license continues for so long as you retain User Content on the Service and for a commercially reasonable period thereafter for backup, archival, audit, and legal-compliance purposes.

5.3 License to Other Users

You also grant each other user of the Service a non-exclusive license to access your User Content and to use it as permitted by the functionality of the Service (for example, viewing your livestream, commenting on it, or sending you virtual gifts).

5.4 Representations and Warranties

You represent and warrant that (a) you own or have all necessary rights, licenses, consents, releases, and permissions to your User Content and to grant the licenses above, including any music synchronization, performance, or master-use rights; (b) your User Content and our use of it as authorized here will not infringe or violate the rights of any third party, including intellectual property, privacy, and publicity rights; and (c) your User Content complies with these Terms, our Acceptable Use Policy, and applicable law.

5.5 No Obligation; Removal

We are not obligated to monitor, review, or moderate User Content. However, we may, in our sole discretion and at any time, refuse, remove, restrict, demonetize, or limit access to any User Content (including by interrupting or terminating a livestream) that we believe violates these Terms or applicable law, or that we otherwise find objectionable.

6. Acceptable Use

You agree not to (and not to attempt to):

• Use the Service in violation of any law or regulation;
• Post, broadcast, or transmit content that is unlawful, defamatory, fraudulent, obscene, sexually explicit (including any content depicting or sexualizing minors, which is strictly prohibited), pornographic, hateful, harassing, threatening, or that incites or depicts violence or self-harm;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Infringe any intellectual property, privacy, publicity, or other right of any third party, including by broadcasting third-party music, video, or other content without authorization;
• Upload viruses, malware, or other harmful code;
• Interfere with, disrupt, or overburden the Service, including via scraping, automated tools, bots, or denial-of-service attacks, or attempt to bypass content moderation, rate limits, or anti-fraud systems;
• Reverse engineer, decompile, or attempt to derive the source code of any part of the Service except to the extent applicable law expressly permits this prohibition to be waived;
• Access the Service through any interface or method other than those provided by Dazzle;
• Use the Service to send unsolicited communications, promotions, or advertising;
• Collect or harvest data about other users without their consent, or record, capture, or redistribute livestreams or other User Content other than as expressly permitted by the Service;
• Buy, sell, transfer, or share your account, or engage in fake engagement, view-bot, gift-laundering, or similar manipulation;
• Use the Service in a manner that violates U.S. or other applicable export controls or sanctions; or
• Encourage or assist any third party in doing any of the foregoing.

7. Communications and Notifications

7.1 Electronic Communications

By using the Service, you consent to receive communications from us electronically, including by email, push notification, and in-app message. Legal notices we are required to provide may be delivered electronically.

7.2 Push Notifications

You may control push notifications through your device’s operating-system settings.

7.3 SMS Messages

If you provide your mobile phone number and expressly consent, we may send you SMS or text messages relating to your account and, separately, marketing texts. Your consent to receive marketing texts is not a condition of any purchase. Message and data rates may apply. Message frequency varies. Reply STOP to any marketing text to unsubscribe; reply HELP for help. We may suspend or terminate text messaging at any time. Wireless carriers are not liable for delayed or undelivered messages.

8. Intellectual Property

The Service, including all software, designs, logos, text, graphics, audio, video, and other content (excluding User Content), and all related intellectual property rights, are owned by Dazzle or its licensors. The Dazzle name, the Dazzle logo, and related marks are trademarks of Dazzle, Inc. Nothing in these Terms grants you any right to use any Dazzle trademark or trade dress without our prior written consent.

9. Feedback

If you provide us with suggestions, ideas, or other feedback regarding the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use the Feedback for any purpose, without compensation or attribution.

10. DMCA and Copyright

If you believe that content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) to our designated agent:

Dazzle DMCA Agent
Dazzle, Inc.
600 5th Avenue
Studio, Floor 2
New York, NY 10020
Email: hi@dazzle.tv

Your notice must include the information required by 17 U.S.C. § 512(c)(3), including: (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will respond to valid notices and may, in our discretion, remove or disable access to the allegedly infringing material. Accounts of repeat infringers will be terminated in appropriate circumstances. Counter-notices may be submitted under 17 U.S.C. § 512(g).

11. Third-Party Services

The Service may contain links to or integrations with third-party websites, applications, or services. We do not endorse and are not responsible for any third-party services. Your use of third-party services is governed by their terms.

12. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DAZZLE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

DAZZLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING USER CONTENT, WILL BE ACCURATE, RELIABLE, OR APPROPRIATE FOR YOUR PURPOSES. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms affects any non-waivable statutory rights you may have.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DAZZLE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF DAZZLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL DAZZLE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO DAZZLE FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100).

THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Dazzle and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual-property, privacy, or publicity right. We may assume exclusive control of the defense and settlement of any matter subject to indemnification, in which case you agree to cooperate.

16. Term; Termination

These Terms remain in effect while you use the Service. We may suspend or terminate your account or access to the Service at any time, with or without cause and with or without notice, including if we believe you have violated these Terms. You may stop using the Service and delete your account at any time through your account settings or by contacting us.

Upon termination, Sections 4 (with respect to amounts owed), 5.2, 5.3, 5.4, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 will survive.

17. Changes to the Service or Terms

We may modify, suspend, or discontinue the Service (or any part or feature) at any time, with or without notice. We may also modify these Terms. We will provide reasonable notice of material changes (for example, by email or in-app notice). Changes take effect on the date stated in the notice. Your continued use of the Service after that date constitutes acceptance. If you do not agree to changes, you must stop using the Service.

18. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND LIMITS YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION.

18.1 Informal Resolution

Before filing arbitration, you and Dazzle agree to first attempt to resolve any dispute informally. Send a written notice describing the dispute, your contact information, and the relief sought to hi@dazzle.tv (and, if from us, to the email on your account or the address you provide). The parties will negotiate in good faith for at least 60 days before initiating arbitration. The statute of limitations and any filing-fee deadlines are tolled during the informal-resolution period.

18.2 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including disputes about formation, scope, breach, enforcement, interpretation, or validity (a “Dispute”), will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules then in effect (and, for Mass Filings as defined below, the AAA Mass Arbitration Supplementary Rules), except as modified by these Terms. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

18.3 Arbitration Procedure

Arbitration will be conducted by a single arbitrator. The seat of the arbitration is New York, New York. Hearings may be conducted in person in New York, New York, by telephone, by videoconference, or by submission of documents only, as the arbitrator decides consistent with the AAA Rules. The arbitrator’s decisions are enforceable in court and may be appealed only on the limited grounds set forth in the FAA. The arbitrator may award the same individual relief available in court (including individual injunctive relief).

18.4 Mass-Arbitration Protocol

If 25 or more similar arbitration demands are filed by or with the coordination of the same law firm or coordinated group of claimants within a 60-day period (a “Mass Filing”), the parties agree that the demands will be processed in batches of up to 50 claimants (“Batches”) in the following order: (i) the parties will mutually select 10 demands per side to proceed first as bellwether arbitrations; (ii) after the bellwether arbitrations conclude, the parties will engage in a mandatory mediation administered by AAA; (iii) if mediation does not resolve the remaining demands, they will proceed in Batches in an order agreed by the parties or, failing agreement, determined by the AAA. Filing fees and arbitrator fees will be paid as provided in the AAA Mass Arbitration Supplementary Rules or by separate agreement of the parties. The statute of limitations and any filing-fee deadlines are tolled during the Mass Filing process. The parties agree this protocol is intended to promote efficient and fair resolution of large numbers of similar claims.

18.5 Class-Action and Jury Waiver

YOU AND DAZZLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. IF A COURT DECIDES THAT THIS CLASS-ACTION WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THAT CLAIM OR REQUEST WILL PROCEED IN COURT BUT ALL OTHER CLAIMS WILL REMAIN IN ARBITRATION. YOU AND DAZZLE EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY MATTER IN WHICH A JURY WOULD OTHERWISE BE AVAILABLE.

18.6 Carve-Outs

Notwithstanding the foregoing, either party may (a) bring a claim in small-claims court if the claim qualifies and proceeds on an individual basis, and (b) seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property rights or unauthorized access to the Service.

18.7 30-Day Right to Opt Out

You may opt out of this Section 18 (Dispute Resolution; Binding Arbitration; Class-Action Waiver) within 30 days of first accepting these Terms by sending a written notice to hi@dazzle.tv with your name, the email address associated with your account, your mailing address, and the statement “I opt out of the arbitration agreement.” Opting out will not affect any other provision of these Terms.

18.8 Severability

If any portion of this Section 18 is found to be unenforceable, the unenforceable portion will be severed and the remainder will continue in effect, except that if the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court as described in Section 18.5.

19. Governing Law; Venue

These Terms and any Dispute will be governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except that the FAA governs the interpretation and enforcement of Section 18. For any Dispute not subject to arbitration, the state and federal courts located in New York County, New York have exclusive jurisdiction, and you and Dazzle consent to personal jurisdiction in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer in the European Union or United Kingdom, this Section does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence.

20. App Store-Specific Terms

The following terms apply to your use of any Dazzle iOS application obtained through the Apple App Store (the “Apple App”):

• These Terms are an agreement between you and Dazzle only, and not with Apple Inc. (“Apple”). Apple is not responsible for the Apple App or its content.
• The license granted in Section 3 is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the Apple App.
• Apple is not responsible for any product warranties, whether express or implied. If the Apple App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, to the extent permitted by applicable law. Apple has no other warranty obligation with respect to the Apple App.
• Apple is not responsible for addressing claims by you or any third party relating to the Apple App, including product liability, failure to conform to applicable legal or regulatory requirements, and claims under consumer-protection or privacy laws.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Apple App or your use of it infringes intellectual-property rights.
• You represent that you are not located in a U.S.-embargoed country or on any U.S. government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

For Android applications obtained through Google Play, the Google Play Terms of Service govern your purchase and the relationship between you and Google.

21. Export Controls; Government Users

You may not use, export, or re-export the Service in violation of U.S. or other applicable export-control and sanctions laws and regulations. If you are a U.S. federal, state, or local government end user, the Service is “commercial computer software” and “commercial computer software documentation” as defined under FAR 12.212 and DFARS 227.7202.

22. General Provisions

22.1 Entire Agreement

These Terms, together with our Privacy Policy and any other terms or policies incorporated by reference, constitute the entire agreement between you and Dazzle regarding the Service and supersede all prior or contemporaneous agreements and communications.

22.2 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this Section is void. Dazzle may freely assign these Terms. These Terms bind and inure to the benefit of the parties’ successors and permitted assigns.

22.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

22.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

22.5 Force Majeure

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, pandemic, government action, natural disasters, labor disputes, or failures of utilities, internet service, or communications.

22.6 No Third-Party Beneficiaries

Except as expressly stated (including with respect to Apple in Section 20), these Terms create no third-party beneficiary rights.

22.7 Notices

We may provide notices to you by email, in-app message, or by posting in the Service. You may provide notices to us at hi@dazzle.tv or by mail to:

Dazzle, Inc.
600 5th Avenue
Studio, Floor 2
New York, NY 10020

22.8 Headings; Construction

Section headings are for convenience only and do not affect interpretation. The words “include,” “includes,” and “including” are not words of limitation.

23. Contact

If you have questions about these Terms, contact us at hi@dazzle.tv or at:

Dazzle, Inc.
600 5th Avenue
Studio, Floor 2
New York, NY 10020
Website: www.dazzle.tv