Last Updated April 9, 2021
Dash Voyeur dba as Burnt Hamster Publishing LLC, (“Dash Voyeur”), welcomes you to DashVoyeur.com (our “Platform”). It is important to Dash Voyeur that you and other visitors have the best possible experience while using our Platform, and that, when you use our Platform, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a binding agreement between you and Dash Voyeur that governs your access to and use of our Platform, including any content, functionality, and services oﬀered on or through our Platform. You may use our Platform only if you agree to this agreement. Please pay special attention to the following provisions: (1) disclaimer of warranties ; (2) limit on liability and exclusion of damages; (3) class action waiver (section 24.7); and (4) limitation on time to ﬁle disputes .
Notice Regarding Dispute Resolution: This agreement contains provisions that govern how disputes between you and Dash Voyeur are resolved. Specifically, the arbitration agreement in that section requires disputes between you and Dash Voyeur to be submitted to binding and final arbitration. Additionally, you will only be allowed to pursue claims against Dash Voyeur individually, and not in any class or representative proceeding; and you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. Please see section 24 for more information regarding this arbitration agreement.
Section 230(d) Notice. In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or ﬁltering services) are commercially available that may help in limiting access to material that is harmful to minors. You may ﬁnd information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which Dash Voyeur provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Minors Prohibited. Our Platform may contain adult-oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access our Platform. Dash Voyeur forbids all persons who do not meet these age requirements from accessing our Platform.
Child Pornography Prohibited. Dash Voyeur prohibits pornographic content involving minors. Dash Voyeur only allows visual media of consenting adults for consenting adults on our Platform. If you see any visual media, real or simulated, depicting minors engaged in sexual activity on our Platform, please promptly report this to Dash Voyeur at [email protected] Please include with your report all appropriate evidence, including the date and time of identification. Dash Voyeur will promptly investigate all reports and take appropriate action. Dash Voyeur will fully cooperate with any law-enforcement agency investigating child pornography.
Prostitution and Sex Traﬃcking Prohibited. Dash Voyeur prohibits our Platform from being used in any way to engage in, participate in, assist, support, promote, solicit, or facilitate any act of prostitution of oneself or another person or sex traﬃcking of another person. If you see any evidence of the foregoing on our Platform, please promptly report this to Dash Voyeur at [email protected] Please include with your report all appropriate evidence, including the date and time of identification. Dash Voyeur will promptly investigate all reports and take appropriate action. Dash Voyeur will terminate the account of any person engaging in any of the foregoing and will report all individuals suspected of promoting or facilitating prostitution of another person or sex traﬃcking to the appropriate law enforcement agency. Dash Voyeur will fully cooperate with any law-enforcement agency investigating prostitution or sex traﬃcking.
Dash Voyeur is a geographic location-based social networking platform that allows users to communicate with each other in a digital mapping interface.
This agreement applies to all users of our Platform, whether you are a “visitor” or a “registered user.” By clicking on the “I Agree” button on the warning page, checking the appropriate box during registration, purchasing premium access, or accessing any part of our Platform, you agree to this agreement. If you do not want to agree to this agreement, you must not use or access our Platform. If you breach any part of this agreement, Dash Voyeur may revoke your license to access our Platform, block your access, and cancel your account (if you have one) without refund for any remaining active subscription term(s) you may have.
Dash Voyeur is not liable for anything that you post or say while you are using our Platform. Dash Voyeur does not monitor the content of our Platform, but if it does see, or someone tells it that you have posted something that Dash Voyeur ﬁnds inappropriate, Dash Voyeur may remove it and take appropriate action against you. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), Dash Voyeur is not in the ﬁring line. You take full responsibility for what you post.
Dash Voyeur may change this agreement on one or more occasions by updating this page. The top of this agreement will tell you when Dash Voyeur last updated it. Changes will take eﬀect on the “last updated” date stated on the top of this agreement. Changes will not operate retroactively. Dash Voyeur will try to notify you when it changes this agreement if it can do so in a reasonable manner. But you should check this page frequently to make sure that you are operating under the most current version of this agreement. Dash Voyeur will consider your continued use of our Platform after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing our Platform.
If you have any questions about this agreement or any questions or comments about our Platform, please email Dash Voyeur at [email protected]
Age Restrictions and Safety
No Use by Minors. No persons under 18-years old may directly or indirectly view, possess, or otherwise use our Platform. You state that you are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter into this agreement.
Safety. Dash Voyeur is not responsible for your use of our Platform or for the actions of other users with whom you may exchange information or have contact. Dash Voyeur does not conduct criminal background screenings of its users. Nor does it verify the information provided by its users. Dash Voyeur also is not responsible for activities or legal consequences of your use in locations that may attempt to criminalize or limit your personal interactions. You must make your own informed decisions about use of our Platform in your location and assess any potential adverse consequences.
Disclaimer about Location Data. Our Platform is intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating motor vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application on our Platform could lead directly to death, personal injury, or severe physical or property damage. Our Platform is not suited or intended for family ﬁnding purposes, ﬂeet tracking, or any other type of business or enterprise use.
Accessing our Platform. Dash Voyeur may withdraw or amend our Platform, and any service or material it provides on our Platform, in its sole discretion without notice. Dash Voyeur will not be liable if for any reason all or any part of our Platform is unavailable at any time or for any period. From time to time, Dash Voyeur may restrict access to some parts of our Platform, or the entire Platform, to users, including registered users. Dash Voyeur may at any time charge fees for access to all or part of our Platform and change any such pricing at any time. Access to our Platform may require the use of your personal computer or mobile device, as well as communications with or use of space on those devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing our Platform.
Account Creation. If you create an account on our Platform and submit information to Dash Voyeur, you must ensure that that information is accurate. You must promptly update that information if it changes.
Responsibility for Account. You are responsible for keeping your password and account conﬁdential. Further, you are responsible for all activities that occur under your account. You must notify Dash Voyeur promptly of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. Dash Voyeur may disable any account, whether chosen by you or provided by Dash Voyeur, at any time in its sole discretion for any reason or no reason, including if, in its opinion, you have violated any part of this agreement.
Liability for Account Misuse. Dash Voyeur will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by Dash Voyeur or another party due to someone else using your account or password.
Use of Other Accounts. You must not use anyone else’s account at any time.
Account Security. Dash Voyeur cares about the integrity and security of your personal information. But Dash Voyeur cannot guarantee that unauthorized third parties will never be able to defeat our Platform’s security measures or use any personal information you provide to Dash Voyeur for improper purposes. You acknowledge that you provide your
personal information at your own risk.
Ownership. Dash Voyeur owns and operates our Platform. Unless otherwise indicated, all content, information, and other materials on our Platform (excluding User Contributions, set out in section below), including the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound ﬁles, other content and ﬁles, and the selection and arrangement of them (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on our Platform are the property of Dash Voyeur or its subsidiaries or aﬃliated companies or third- party licensors.
License Grant. Dash Voyeur hereby grants you a limited, non-sublicensable license (i.e., a personal and limited right) to access and use our Platform for your personal use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on our Platform, except as follows:
Your computer may temporarily store copies of those Materials in RAM incidental to your accessing and viewing those materials.
You may store ﬁles that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of our Platform for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
You may download any Materials to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
If Dash Voyeur provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by Dash Voyeur’ end user license agreement for those applications.
If Dash Voyeur provides social media features with certain content, you may take those actions as are enabled by those features.
You must not:
Modify copies of any Materials from our Platform.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from our Platform.
You must not access or use for any commercial purposes any part of our Platform or the services or Materials available through our Platform.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use our Platform will terminate immediately and you must, at Dash Voyeur’ option, return or destroy any copies of the Materials you have made. No interest in or to our Platform or any Materials on our Platform is transferred to you, and Dash Voyeur reserves all rights not expressly granted. Any use of our Platform not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
Trademarks. Dash Voyeur’ name and logo and all related names, logos, product and service names, designs, and slogans, as well as the look and feel of our Platform, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of Dash Voyeur or its aﬃliates or licensors. You must not use those marks in whole or in part in connection with any product or service that is not Dash Voyeur’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dash Voyeur, without Dash Voyeur’ prior written permission. Any use of these trademarks must be in accordance with any guidelines that Dash Voyeur may provide you from time to time. All other trademarks, names, logos, product and service names, designs, and slogans on our Platform are the trademarks of their respective owners. Reference on our Platform to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of it by Dash Voyeur or any other aﬃliation.
Prohibited Uses. You may use our Platform only for lawful purposes and in accordance with this agreement. You must not use our Platform:
In any way that violates any applicable federal, state, local, or foreign law or regulation, including laws governing criminal acts (including 18 U.S.C. § 1591 (sex traﬃcking of children or by force, fraud, or coercion) and 18 U.S.C. § 2421A (promotion or facilitation of prostitution and reckless disregard of sex traﬃcking)), prohibited or controlled substances, and any laws regarding the export of data or software to and from the US or other countries.
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To “stalk,” harass, abuse, defame, threaten, or defraud other users; violate the privacy or other rights of users; or collect, attempt to collect, store, or disclose without permission the location or personal data about other users.
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards stated in this agreement.
For any commercial or non-private use, such as the sale or advertisement of goods or services.
To transmit, or procure the sending of, any advertising or promotional material without Dash Voyeur’ prior written consent, including any “junk mail”, “chain letter,” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Dash Voyeur, a Dash Voyeur employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, or which, as determined by Dash Voyeur, may harm Dash Voyeur or users of our Platform or expose them to liability.
Use our Platform in any manner that could disable, overburden, damage, or impair our Platform or interfere with any other party’s use of our Platform, including their ability to engage in real-time activities through our Platform.
Use any robot, spider, or other automatic device, process, or means to access our Platform for any purpose, including monitoring or copying any of the Materials on our Platform.
Use any manual process to monitor or copy any of the Materials on our Platform or for any other unauthorized purpose without Dash Voyeur’ prior written consent.
Use any device, software, or routine that interferes with the proper working of our Platform.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Platform, the server on which our Platform is stored, or any server, computer, or database connected to our Platform.
Attack our Platform via a denial-of-service attack or a distributed denial-of-service attack.
Use our Platform for any purpose other than to access the Platform as oﬀered by Dash Voyeur.
Otherwise attempt to interfere with the proper working of our Platform.
In General. Our Platform allows users to submit content and materials (such as pictures, messages, ideas, notes, concepts, or creative suggestions) (collectively, “User Contributions”), and the hosting, sharing, and publishing of those User Contributions through our Platform. All User Contributions must comply with the Content Standards. Any User Contribution you post to our Platform will be considered non-conﬁdential and nonproprietary.
License to Dash Voyeur. When you submit, transmit, display, perform, post, or store User Contributions using our Platform, you hereby grant Dash Voyeur and its aﬃliates and service providers, and each of their and Dash Voyeur’ respective licensees, successors, and assigns, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sublicensable, nonexclusive, and royalty-free license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including to conform it to the requirements of any networks, devices, services, or media through which our Platform is available), and create derivative works of, those User Contributions. The rights you grant in this license are for the limited purpose of allowing Dash Voyeur to operate our Platform in accordance with their functionality, improve and promote our Platform, and develop new services. The reference in this license to creating derivative works is not intended to give Dash Voyeur a right to make substantive editorial changes or derivations, but does enable reposting, which allows other users to redistribute User Contributions through our Platform in a manner that allows them to add their own text or other content before or after your User Contribution.
User Contributions Representations and Warranties. You acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not Dash Voyeur, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness. Dash Voyeur is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user. You state that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to Dash Voyeur and its aﬃliates and service providers, and each of their and Dash Voyeur’ respective licensees, successors, and assigns; (b) your User Contributions do not and will not (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) defame any other person; and (c) your User Contributions do not contain any viruses, adware, spyware, worms, or other harmful or malicious code.
Unauthorized Content and Distribution. Dash Voyeur uses reasonable security measures to attempt to protect User Contributions against unauthorized copying and distribution. To the furthest extent permitted by applicable law, Dash Voyeur will not be liable for any unauthorized copying, use, or distribution of User Contributions by third parties, and you hereby release and forever waive any claims you may have against Dash Voyeur for any such unauthorized copying or usage of the User Contributions, under any theory. The security measures to protect User Contributions used by Dash Voyeur are provided and used “as is” and with no warranties, guarantees, conditions, assurances, or other terms that those security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those security measures.
Obligations Under 18 U.S.C. § 2257. You should be aware that, under United States federal law, any visual depictions that you post, share, or perform on or through the Service that portrays “actual sexually explicit conduct,” “depictions of the genitals or pubic area,” or “simulated sexually explicit activity,” as those terms are deﬁned in 18 U.S.C. §§ 2256(2)(A)(i)–(iv) and 2257A, require the maintaining of the records listed under 18 U.S.C. § 2257.
18 U.S.C. § 2257 Exemption Statement. Our Platform is not the producer of any depictions of actual or simulated sexually explicit conduct. Instead, the activities of our Platform with respect to such content are limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted directly to our Platform by third-party users. Pursuant to Title 18 U.S.C. 2257(h)(2)(B)(v) and 47 U.S.C. 230(c), our Platform reserves the right to delete content posted by users which we deem to be indecent, obscene, defamatory or inconsistent with our Policies and Terms of Service. Except with respect to certain content that is posted directly by our Platform, all of the content appearing on our Platform are submitted by our Platform's third-party users. The relevant Terms of Service for the users both disclose and obligate them as the owners of record of the content they upload and assign all responsibility for such to our individual users. Under 18 U.S.C. 2257 with respect to content submitted by third party users, our Platform fulﬁlls our obligations per the plain language of the statute and on the decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998), which held that entities which have no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of models or performers are exempt from the record-keeping requirements of 18 U.S.C. 2257.
Monitoring and Enforcement; Termination
Dash Voyeur may:
Remove or refuse to post any User Contributions for any or no reason in Dash Voyeur’ s sole discretion;
Take any action with respect to any User Contribution that Dash Voyeur considers necessary or appropriate in its sole discretion, including if Dash Voyeur believes that that User Contribution violates this agreement, including the Content Standards, infringes any intellectual-property right or other right of any person or entity, threatens the personal safety of users of our Platform or the public, or could create liability for Dash Voyeur;
Disclose your identity or other information about you to the extent required by law to any third party who claims that material posted by you violates their rights, including their intellectual-property rights or their right to privacy;
Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of our Platform; or
Terminate or suspend your access to all or part of our Platform for any reason, including any violation of this agreement, and without refund for any remaining time on any active subscription terms you may have purchased.
Dash Voyeur will fully cooperate with any law enforcement authorities or court order requesting or directing Dash Voyeur to disclose the identity or other information of anyone posting any materials on or through our Platform. You waive and hold harmless Dash Voyeur and Dash Voyeur’ aﬃliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
Dash Voyeur does not undertake to review material before it is posted on our Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Dash Voyeur assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Dash Voyeur has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards and Community Rules. These content standards apply to all User Contributions and use of Platform. User Contributions must in their entirety comply with all applicable federal, state, local, and foreign laws and regulations. User Contributions must not:
Contain any material that is defamatory, libelous, obscene (such as depictions or promotion of bestiality), indecent, abusive, oﬀensive (such as the promotion of drug use), harassing, violent, hateful, inﬂammatory, or otherwise objectionable.
Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Disclose private or personal information about you or any other person, including telephone number, email address, or any other personal contact information.
Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating prostitution of yourself or of another person, sex traﬃcking, controlled substance traﬃcking or use, or human traﬃcking.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or aﬃliation with any person or organization.
Involve commercial activities or sales, including non-sanctioned contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by Dash Voyeur or any other person, if this is not the case.
Copyright Infringement. If you believe that any User Contribution violates your copyright, please see the Copyright Policy for instructions on sending Dash Voyeur a notice of copyright infringement. It is Dash Voyeur’ policy to terminate the user accounts of repeat infringers.
In addition to the User Contributions, Dash Voyeur may provide other third-party content on our Platform (collectively, the “Third-Party Content”). Dash Voyeur does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including regarding its accuracy or completeness. Please be aware that Dash Voyeur does not create Third-Party Content, update, or monitor it. Therefore, Dash Voyeur is not responsible for any Third-Party Content on our Platform.
You are responsible for deciding if you want to access or use third-party websites or applications that link from our Platform (“Reference Sites”). Dash Voyeur does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Platform are solely between you and that advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
Changes to our Platform. Dash Voyeur may update our Platform’s content from time to time, but its content is not necessarily complete or up to date. Any of our Platform’s material may be out of date at any given time, and Dash Voyeur is not required to update that material.
Premium Services; Purchases
Premium Services. Certain services, such as Dash Voyeur Plus, may be available only through creation of an account and payment of a fee (“Premium Services”). Through those accounts, you will have access to those Premium Services for a ﬁxed term, which in the case of subscriptions will automatically renew. The term, renewal period, and the total cost of each Premium Services oﬀering will be provided within our Platform or otherwise where the Premium Services are oﬀered. Pricing is in U.S. dollars (USD) and excludes any taxes or currency transmission charges, which are extra costs charged to you. Prices can change at any time. It is your responsibility to check the price before making a purchase.
Automatic Renewal. Premium Services subscriptions automatically renew continuously. You acknowledge that the Premium Services subscriptions automatically renew unless you cancel it or Dash Voyeur suspends or terminates it in accordance with this agreement.
Cancellations. You may cancel your Premium Services at any time, subject to the terms of this agreement. Cancellations are eﬀective the following billing period in which payment is due. To cancel, you must follow the instructions given in our Platform. There are no cancellation fees. Instructions for cancelling Premium Services may be obtained in the FAQ list at DashVoyeur.com/contact.
All purchases are final on the blockchain through a third party processor by completing a transaction with DashVoyeur through a third party payment processors you are acknowleding the terms of our service.
Use Outside of the United States. Dash Voyeur is based in the State of Ohio in the United States of America. Dash Voyeur makes no claims that our Platform or any of its content is accessible or appropriate outside of the United States. Access to our Platform may not be legal by certain persons or in certain countries. If you access our Platform from outside the United States, you do so on your own initiative and risk and are responsible for complying with local laws.
You acknowledge that Dash Voyeur cannot and does not state that ﬁles available for downloading from the Internet or our Platform will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing suﬃcient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to our Platform for any reconstruction of any lost data. Dash Voyeur will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platform or any services or items obtained through our Platform or to your downloading of any material posted on our Platform, or on any website linked to it.
Your use of our Platform, its content, and any services or items obtained through our Platform is at your own risk. Dash Voyeur provides our Platform, its content, and any services or items obtained through our Platform “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. Dash Voyeur is not making any warranty (1) that our Platform, its content, or any services or items obtained through our Platform are or will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that our Platform or the server that makes it available are free of viruses or other harmful components; or (4) that our Platform or any services or items obtained through our Platform will otherwise meet your needs or expectations.
Dash Voyeur is not making any warranty, whether express, implied, statutory, or otherwise, including warranty of merchantability, Title, noninfringement, privacy, security, and ﬁtness for a particular purpose. No advice or information, whether oral or written, obtained from Dash Voyeur, our Platform, or elsewhere will create any warranty not expressly stated in this agreement.
Limit on Liability; Release
Dash Voyeur, its managers, members, employees, agents, subsidiaries, aﬃliates, licensors, content providers, and service providers will not be liable to you for any of the following:
Errors, mistakes, or inaccuracies of content;
Personal injury or property damage resulting from your access to and use of our Platform or its content;
Content (including User Contributions) or conduct that is infringing, inaccurate, obscene, indecent, oﬀensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
Unauthorized access to or use of our Platform’s servers and any personal or ﬁnancial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
Interruption or cessation of transmission to or from our Platform;
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through our Platform by any person or that might infect your computer or aﬀect your access to or use of our Platform, your other services, hardware, or software;
Incompatibility between our Platform and your other services, hardware, or software;
Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with our Platform; or
Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through our Platform.
You hereby release Dash Voyeur, its managers, members, employees, agents, subsidiaries, aﬃliates, licensors, content providers, and service providers from all liability arising out of User Contributions or any interactions with other users or third parties, including disputes between you and one or more other users or third parties.
Exclusion of Damages; Exclusive Remedy
Unless caused by gross negligence or intentional misconduct, Dash Voyeur, its managers, members, employees, agents, subsidiaries, aﬃliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so- called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to (a) your use of our Platform; (b) Dash Voyeur disclosure, display, or maintenance of your location information; (c) your use or inability to use our Platform; (d) our Platform generally or systems that makes our Platform available; or (e) any other interactions with Dash Voyeur or any other user of our Platform. This exclusion applies regardless of theory of liability and even if you told Dash Voyeur about the possibility of these damages or Dash Voyeur knew or should have known about the possibility of these damages.
Dash Voyeur, its managers, members, employees, agents, subsidiaries, aﬃliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suﬀering, (3) emotional distress, (4) loss of revenue, (5) loss of proﬁts, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access our Platform or its content. This exclusion applies regardless of theory of liability and even if you told Dash Voyeur about the possibility of these damages or Dash Voyeur knew or should have known about the possibility of these damages.
If you are dissatisﬁed with our Platform or have any other complaint, your exclusive remedy is to stop using our Platform. The maximum liability of Dash Voyeur and its managers, members, employees, agents, subsidiaries, aﬃliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $250 and the amount you have paid to Dash Voyeur (if any) for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
Waiver of Section 1542. If you reside in California, with respect to the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:
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 hereby waive all rights under section 1542 and under any other federal or state statutes or laws of similar eﬀect.
Scope of Disclaimers, Exclusions, and Limits. The disclaimers, exclusions, and limits stated in sections 18, 19, and 20 apply to the greatest extent allowed by law, but no more. Dash Voyeur does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.
In General. You will pay Dash Voyeur, its managers, members, employees, agents, contractors, subsidiaries, aﬃliates, licensors, content providers, and service providers (the “Indemniﬁed Parties”) for any loss of the Indemniﬁed Parties’ that is caused by any of the following: (a) your access of, or conduct on, our Platform, including any User Contributions you post, store, or otherwise transmit on or through our Platform; (b) your conduct oﬀ our Platform, including your interactions with any users you met through our Platform; (c) your use of our Platform to meet another user in person or to locate and attend any oﬄine place or event; (d) your use or misuse of any location information; (e) your breach of this agreement; (f) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (g) your violation of any applicable law; (h) your tortious acts or omissions; or (i) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemniﬁed Party’s intentional misconduct.
“Loss” means an amount that the Indemniﬁed Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a ﬁne, damages, injunctive relief, staﬀ compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
Indemniﬁed Party’s Duty to Notify You. If the Indemniﬁed Party has your contact information, the Indemniﬁed Party will notify you before the 30th day after the Indemniﬁed Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemniﬁed Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
Legal Defense of a Claim. The Indemniﬁed Party has control over defending a claim for a loss (including settling it) unless the Indemniﬁed Party directs you to control the defense. If the Indemniﬁed Party directs you to control the defense, you will not settle any litigation without the Indemniﬁed Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemniﬁed Party, (2) admits the Indemniﬁed Party’s fault, or (3) does not fully release the Indemniﬁed Party from liability. You and the Indemniﬁed Party will cooperate with each other in good faith on a claim.
No Exclusivity. The Indemniﬁed Parties’ rights under this section do not aﬀect other rights they might have.
Governing Law. Washington law, without giving eﬀect to any conﬂicts of law principles, governs all matters arising out of or relating to our Platform or this agreement. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a “sale of goods.” This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Jurisdiction and Venue. All disputes arising out of or relating to our Platform or this agreement that are not subject to arbitration will be subject to the exclusive jurisdiction and venue of the United States District Court for the Western District of Washington or any state court of competent jurisdiction in King County, Washington, and each party hereby submits to the personal jurisdiction of those courts. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any
dispute arising out of or relating to our Platform or this agreement, a party may demand that any such dispute be resolved by binding arbitration administered by the Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) in accordance with its rules available at www.arbresolutions.com, and each party hereby consents to any such dispute being so resolved. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any ﬁling, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees under section 24.5, and reasonable costs for expert and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to our Platform, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
Recovery of Expenses. In any proceedings between the parties arising out of or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award ﬁnds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
Jury Trial Waiver. Each party hereby waives its right to a trial by jury in any proceedings arising out of, or relating to the subject matter of, this agreement. Either party may enforce this waiver up to and including the ﬁrst day of trial.
Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiﬀ or class member in any purported class or representative proceeding, and, unless Dash Voyeur agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
Limitation on Time to Bring Claims. A party will not bring a claim arising out of or relating to our Platform or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
entire Agreement. This agreement constitutes the entire agreement between you and Dash Voyeur about your access to and use of our Platform and supersedes all earlier or contemporaneous agreements between you and Dash Voyeur about access to and use of our Platform. Any additional terms on our Platform will govern the items to which they pertain.
Changes. Dash Voyeur may change this agreement on one or more occasions. Dash Voyeur will try to post changes on our Platform at least 15 days before they become eﬀective. Changes will become eﬀective on the “last updated” date stated at the top of this agreement. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While Dash Voyeur will try to notify you when it changes this agreement, Dash Voyeur does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use our Platform after Dash Voyeur posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing our Platform. If you need more information about the changes or have any other questions or comments about the changes, please contact Dash Voyeur at [email protected]
Assignment and Delegation. Dash Voyeur may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without Dash Voyeur’ prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 26.3 is void
Waiver. If Dash Voyeur fails to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
Sending Notice to Dash Voyeur. You may send notice to Dash Voyeur by email to [email protected] unless a speciﬁc email address is set out for giving notice. Dash Voyeur may change its contact information on one or more occasions by posting the change on our Platform. Please check Platform for the most current information for sending notice to Dash Voyeur.
Sending Notice to You—Electronic Notice. You consent to receiving any notice from Dash Voyeur in electronic form either (1) by email to the last known email address Dash Voyeur has for you or (2) by posting the notice on a place on our Platform chosen for this purpose. Dash Voyeur will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave Dash Voyeur for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software conﬁgured to send and receive email through the Internet and to print any email you receive.
Force Majeure. Dash Voyeur is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including ﬁre, ﬂood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) ﬁber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
No Third-Party Beneﬁciaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
Successors and Assigns. This agreement beneﬁts and binds the parties and their respective heirs, successors, and permitted assigns.
Electronic Communications Not Private. Dash Voyeur does not provide facilities for sending or
receiving confidential electronic communications. You should consider all messages sent to Dash Voyeur or from Dash Voyeur as open communications readily accessible to the public. You should not use Dash Voyeur to send or receive messages you only intend the sender and named recipients to read. Users or operators of our Platform may read all messages you send to our Platform regardless of whether they are intended recipients.
Electronic Signatures. Any aﬃrmation, assent, or agreement you send through our Platform will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry ﬁeld with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Consumer Rights Information — California Residents Only. This section 26.13 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
dba as Burnt Hamster Publishing LLC
1059 Bucyrus Rd
Galion OH 44833
Users who wish to gain access to the password-restricted area of our Platform must register. Dash Voyeur does not charge users for registering, but does oﬀer premium paid services. You may contact Dash Voyeur at [email protected] to resolve any disputes or to receive further information about our Platform.
Complaints — California Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Aﬀairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
Unsolicited Idea Submission Policy. Dash Voyeur and its employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, “Submissions”). Please do not send any Submissions in any form to Dash Voyeur or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Dash Voyeur’ products, services, marketing, or other projects might seem similar to any Submissions made to Dash Voyeur. If, despite Dash Voyeur’ policy, you still submit your ideas to Dash Voyeur, the following terms will apply to your Submissions, regardless of what your communication states. You agree that: (1) Dash Voyeur will consider the Submissions to be non-conﬁdential and nonproprietary; (2) Dash Voyeur may use, copy, redistribute, and disclose the Submissions for any purpose in any manner, without compensation to you or any other person or party; and (3) Dash Voyeur will have no obligations concerning the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send Dash Voyeur any Submissions.
Feedback. While Dash Voyeur cannot accept unsolicited ideas, Dash Voyeur always welcomes feedback on its existing business. If you want to send Dash Voyeur your feedback, please only provide speciﬁc feedback on its existing business and do not include ideas that the policy stated in section 26.15 prohibits. Any feedback you provide is deemed non-conﬁdential and nonproprietary. Dash Voyeur will be free to use that information on an unrestricted basis without any compensation to you or any other person or party.
English Language. Dash Voyeur drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.
Survival. On termination of this agreement, any provision which, by its nature or express terms should survive, will survive the termination of this agreement.