DICE FM LIMITED

DICE FM TERMS OF USE

UKUS

United Kingdom

Please read these Terms of Use carefully as they set out the basis on which you are allowed to use the mobile software application (the “App”) or the websites (together with the App, collectively the “Services”) offered by DICE FM Limited (“DICE”, “we”, “us” or “our”). If you have any questions about them or do not accept them, please contact us at help@dice.fm before registering with the Services. We may change these Terms of Use from time to time so please check our App or website at www.dice.fm/terms_and_conditions from time to time for any updates to them to ensure that you are happy with any changes. Your continued use of any part of the Services following any update to these Terms of Use will constitute your acceptance of those changes.

1. ABOUT US

1.1 We are DICE FM Limited, a company registered in England and Wales under company registration number 08905651 and have our registered office at 92-96 De Beauvoir Road, London N1 4EN. Our registered VAT number is GB187277953.

1.2 We are a disclosed ticketing agent selling tickets via the Services on behalf of promoters, organisers, managers, artists and venues of music, entertainment, sports and similar events (the “Event Partners”).

2. OVERVIEW

2.1 Your access to and use of the Services is subject to your acceptance and compliance with these Terms of Use. You cannot access or use the Services without accepting these Terms of Use and Privacy Policy (which is incorporated into these Terms of Use by this reference).

2.2 You must be over 18 to download the App and access and use the Services. If you are under 18 then you can only download the App and use the Services with permission from your parent or guardian.

3. GENERAL SERVICE DESCRIPTION

3.1 These Terms of Use deal with your access to the Services. The Services enable you to acquire tickets for events, providing you with entry into venues and other establishments. We make available tickets on behalf of third party Event Partners who are not connected in any way with DICE. When you purchase a ticket you obtain a right to attend the event as granted by the Event Partner, as further described in our Purchase Terms. The third party Event Partners are responsible to you for the relevant events, and we are not liable for the event or any actions or inactions of the Event Partners.

3.2 The Services allow you to register an account which is specific to you. To provide you with access to the Services, we must collect, process and store certain data including, at times, your personal data, which we will do in accordance with these Terms of Use and our Privacy Policy.

3.3 The Services will also provide you with gig, competition, product, and event recommendations based on your preferences, musical tastes, purchase history and what people like you are going to. These recommendations will be shown to you via the Discovery page in the App. You can also buy tickets and products, or share event, music, or product and recommendations with your friends on social media such as Facebook.

3.4 We may, from time to time, update the Services to provide additional functionality or services to you, or to carry out any maintenance or upgrades to existing functionality.

3.5 Tickets purchased through the Services will be subject to our Purchase Terms, and any additional terms and conditions provided to you by the Event Partner(s) and the venue of the event. Entry to an event will be in accordance with the rules and regulations of the Event Partner(s) and venue of the event.

4. LIABILITY

4.1 These Terms of Use do not exclude our liability (if any) to you for:

4.2 We can’t guarantee that the Services will be:

4.3 If we fail to comply with our Terms of Use, Purchase Terms or Privacy Policy, or otherwise cause you loss due to our action or inaction (for example, due to our negligence) we are only responsible for loss or damage you suffer that is a direct and foreseeable result of our breach of those terms or our action or inaction, and we are not responsible for any loss or damage that is not directly foreseeable, or not our fault. We have no liability to you for any indirect loss or for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption or loss of data you may suffer in connection with your use of the Services or any materials available through the Services, or any related services provided by us. As mentioned in Clause 3.1, we are not responsible for the events or the actions or inactions of the Event Partners, and we hereby disclaim all liability in relation thereto. Furthermore, we are not responsible for any losses that you suffer as a result of malfunctioning or failure of your device, or errors, delays or interruptions in the operation of the Services, or for anything which is beyond our reasonable control.

4.4 You may have other rights granted by law in addition to these Terms of Use. These Terms of Use will override any such rights, unless this is not permitted by law.

5. PRESALES AND WAITING LISTS

5.1 Certain events will allow you to sign up to be notified via a SMS or push notification and reminded on the day when tickets are placed on sale. Tickets are sold on a first-come-first-sold basis and you must purchase the tickets in the same manner as any other transaction. You acknowledge that signing up to a presale notification does not guarantee you will successfully purchase a ticket.

5.2 Certain events which have sold out on the Services will allow you to sign up to join a waiting list so that if additional tickets become available via the Services, you may be given the opportunity to purchase a ticket via the Services. Users that have already purchased a ticket for a sold out event may also be given the opportunity to offer their ticket for sale via the waiting list. Please see Clauses 6 and 7 our Purchase Terms for further information and the applicable terms.

6. USER CONDUCT

6.1 You can use the Services for your own personal use, and agree not to use it for any purpose prohibited by these Terms of Use. You are solely responsible for all your activities in connection with the Services.

6.2 You will need to register an account in order to purchase a ticket or other item, or to access certain features (such as the waiting list feature). When registering an account, you will be required to provide your name, mobile number and email address. Any tickets you purchase via the Services will be issued to your name as shown in your account details. You agree to provide us with accurate and up-to-date information as requested when registering your account, and you agree to update your details promptly if there are any changes.

6.3 In order to use certain aspects and features of the Services, you must have a compatible mobile device, access to the Internet, mobile messaging and data services. Fees and charges may apply to your use of the Internet or mobile messaging services. You agree that you are responsible for any such fees or charges where these apply.

6.4 You also agree that:

6.5 The Services and their contents are protected by intellectual property rights which either belong to us or are licensed to us to use. You may not copy or use them without our consent in writing.

6.6 We reserve the right to cancel any transaction or remove, suspend, edit or modify your access to the Services at our discretion if we have reason to believe you have used the Services in contravention of these Terms of Use. Any and all ticket(s) purchased as part of such transaction will be void.

6.7 If you or any third party is aware of any breach of these terms of use which could potentially damage or infringe our property, protectable rights or interests, you should immediately contact DICE via email at help@dice.fm with details of the alleged infringement.

7. CLOSING YOUR DICE ACCOUNT

7.1 These Terms of Use commence from the date that you access and or use the Services until the time that these Terms of Use with us are terminated. There is no minimum time period of when these Terms of Use will be in effect.

7.2 You can uninstall the App at any time, using the functionality within the App or your mobile device. Please note though that deleting the App will not automatically result in the closure of your account. To close your account, please email us at help@dice.fm.

7.3 We reserve the right to suspend or terminate your account, terminate these Terms of Use, or remove, suspend, edit or modify the Services at any time and at our convenience by providing at least 30 days’ notice to you.

8. THIRD-PARTY CONTENT AND SERVICES

8.1 The Services may integrate with social networking platforms (such as Facebook), music streaming platforms (such as Spotify) and other third party applications. Your use of any integrated applications will be subject to those third party's terms of use and their privacy policies.

8.2 When you access third party websites or applications from the Services you do so at your own risk. Any third party websites or applications are outside of our control, and we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or applications.

8.3 Sometimes DICE may request additional permissions related to the settings on your mobile device, such as accessing your location or enabling push notifications in order to carry out certain actions or allow you to enjoy certain features. If you choose not to give us the necessary permissions then you may not be able to access all the features and functions of the Services.

9. GENERAL

9.1 If you have any complaint about the Services, you should contact our customer services department at the following email: help@dice.fm and we will try and resolve it as soon as possible.

9.2 As an online trader, pursuant to European Union legislation, we draw your attention to the European Commission's Online Dispute Resolution platform which can be found at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. Through this platform you can access further information about resolving disputes in relation to something you have bought online. We are not obliged to and we do not agree to have our customer complaints handled by these providers. You can also email us at help@dice.fm.

9.3 These Terms of Use are governed by and shall be construed in accordance with English law. If you wish to take legal action against us you may do so only in the English courts.

9.4 Except for Event Partners, who shall have the right to enforce any right expressly granted for their benefit, no one other than a party to these Terms of Use has any right to enforce any of these Terms of Use.

United States

Please read these “Terms of Use” carefully as they set out the basis on which you are allowed to use the mobile app (the “App”) and the services, features, content, applications, websites, or widgets (the “Services”) offered by DICE FM Limited (“DICE FM,” “we,” “us” or “our”). If you have any questions about the App or Services, please contact us at help@dice.fm before registering to use the App or the Services.

BY INSTALLING OR OTHERWISE ACCESSING OR USING THE APP OR SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE APP OR SERVICES.

AS PROVIDED IN GREATER DETAIL IN SECTION 11 BELOW (AND WITHOUT LIMITING THE EXPRESS LANGUAGE OF THAT SECTION), YOU ACKNOWLEDGE THAT (1) DISPUTES ARISING BETWEEN YOU AND DICE FM IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE APP OR SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, AND (2) BY ACCEPTING THESE TERMS OF USE, YOU AND DICE FM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

1. ABOUT US

1.1 We are DICE FM Limited, a company registered in England and Wales with offices at 3500 S. DuPont Highway, Dover, DE 19901.

1.2 We are a disclosed ticketing agent selling tickets via our App on behalf of promoters, organisers, managers, artists and venues of music, entertainment, sports and similar events (the “Event Partners”).

2. OVERVIEW

2.1 Your access to and use of the App and Services is subject to your acceptance and compliance with these Terms of Use, our Privacy Policy and our Purchase Terms. The Privacy Policy and Purchase Terms are hereby incorporated by this reference into these Terms of Use, and if there is any conflict or inconsistency between the Privacy Policy and/or the Purchase Terms and these Terms of Use, these Terms of Use will control to the extent of such conflict or inconsistency.

2.2 You must be at least 18 years old to access and use the App and Services. By agreeing to these Terms of Use, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the App or Services; and (c) your registration and use of the App and Services is in compliance with any and all applicable laws and regulations.

2.3 We may change these Terms of Use from time to time without prior notice so please check our website at www.dice.fm from time to time for any updates to them to ensure that you are happy with any changes. Revised versions of the Terms of Use will be effective upon posting to the appropriate locations in the App and on the Services unless we expressly specify otherwise in writing. You will be deemed to have accepted all changes to these Terms of Use if you use any portion of the App or Services after the updated version has been posted as described in the prior sentence. Except as expressly permitted in this Section, these Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. Disputes arising under these Terms of Use will be resolved in accordance with the version of these Terms of Use that was in effect at the time the dispute arose.

2.4 By using the App or Services, you agree that DICE FM and those acting on its behalf may send you text (SMS) messages at the cell phone number you provide to us. Message and data rates apply. You understand and agree that these messages may be sent using an automatic telephone dialing system, may be deemed marketing under applicable law, and that your agreement to receive text messages is not a condition of any purchase or service offered by us. You may opt-out of receiving text messages at any time by sending an email to help@dice.fm indicating that you no longer wish to receive texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request.

3. GENERAL SERVICE DESCRIPTION

3.1 The App enables you to acquire tickets for events, providing you with entry into venues and other establishments. We make available tickets on behalf of third party Event Partners who are not connected in any way with DICE FM. When you purchase a ticket you obtain a right to attend the event as granted by the Event Partner, as further described in our Purchase Terms. The third party Event Partners are responsible to you for the relevant events, and we are not liable for the event or any actions or inactions of the Event Partners or anything that occurs at any event as further described in Section 6 below.

3.2 The App allows you to register an account which is specific to you. To provide you with access to the App and the Services, we must collect, process and store certain data, which we will do in accordance with our Privacy Policy.

3.3 The App will also provide you with gig, competition, product, and event recommendations based on your preferences, musical tastes, purchase history and what events people like you are going to. You can also buy tickets and products, or share event, music, or product recommendations with your friends on Facebook and other social media.

3.4 We may, from time to time, update the App and the Services to provide additional functionality or services to you, or to carry out any maintenance or upgrades to existing functionality, and we can do so without any notice or liability to you.

3.5 Tickets purchased through the App will be subject to our Purchase Terms as well as any additional terms and conditions provided to you by the Event Partner(s) and the venue of the event, and you acknowledge and agree that we are not a party to such additional terms and conditions. Entry to an event will be in accordance with the rules and regulations of the Event Partner(s) and venue of the event.

4. PROPRIETARY RIGHTS AND LICENSES

4.1 As between you and DICE FM, all portions and components of the App and Services are owned solely by DICE FM. Without limiting the foregoing, the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the App and Services (“Materials”) provided by DICE FM are protected by intellectual property and other laws, and all Materials included in the App and Services are the property of DICE FM or its third party licensors. Further, the DICE FM trademarks, service marks, and logos (collectively, the “DICE Trademarks”) used and displayed on the App or Services are DICE FM’s registered and/or unregistered trademarks or service marks. Any other product and service names located on the App or Services may be trademarks or service marks owned by third parties (collectively with the DICE Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage DICE FM or the applicable third party, DICE FM’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without DICE FM’s prior express written consent. All goodwill generated from the use of any DICE Trademark will inure solely to DICE FM’s benefit.

4.2 Subject to your complete and ongoing compliance with these Terms of Use, DICE FM grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of the App on a mobile device that you own or control; and (b) access and use the App and the Services.

4.3 Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the App or Services; (b) make modifications to the App or Services; or (c) interfere with or circumvent any feature of the App or Services, including any security or access control mechanism. If you are prohibited under applicable law from using the App or Services, you may not use it.

4.4 If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the App or Services (“Feedback”), then you hereby grant DICE FM an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose without any restrictions, including to improve the App and/or Services and create other products and services.

4.5 All rights that we do not expressly grant to you in this Section 4 we hereby reserve, and we do not grant any implied licenses to you in these Terms of Use under any theory.

5. USER CONTENT AND DMCA NOTIFICATION

5.1. “User Content” means any content that you post, submit or otherwise transmit (collectively, “Post”) to the App or Services, including, without limitation, text or blog comments and/or any other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws. For clarity, User Content excludes any Feedback.

5.2. You retain copyright and any other proprietary rights that you may hold in any User Content that you Post to the App or Services subject to the rights that you grant in these Terms of Use.

5.3. If you Post User Content to the App or Services, then you hereby grant to DICE FM a worldwide, non-exclusive, transferable, and royalty-free right and license to host, store, transmit, reproduce, distribute, create derivative works from, publicly perform and display and otherwise use and exploit your User Content, in any media now known or later created, to provide, improve, advertise, promote and market the App or Services and DICE FM’s business.

5.4. You are solely responsible for your User Content and the consequences of Posting User Content on the App or Services. By Posting User Content on the App or Services, you affirm, represent, and warrant that: (a) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use, and to authorize DICE FM to use, your User Content as necessary to exercise the licenses granted by you in this Section; and (b) your User Content, and the use of your User Content as contemplated by these Terms of Use, does 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; (ii) constitute Objectionable Content (defined below); or (iii) cause DICE FM to violate any law or regulation.

5.5. We are under no obligation to edit or control User Content that you or other users Post on the App or Services, and will not be in any way responsible or liable for User Content. DICE FM may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms of Use or is otherwise objectionable, such as, without limitation, User Content that DICE FM determines is or could be interpreted to be infringing, defamatory or otherwise unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promoting discrimination, bigotry or racism (collectively, “Objectionable Content”). You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against DICE FM with respect to User Content.

5.6 We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the App or Services, you may contact our Designated Agent at the following address:

DICE FM Limited
ATTN: Legal Department (Copyright Notification)
Unit 7/11, 92-96

De Beauvoir Road, London

N1 4EN, UK
Email: copyright@dice.fm

Any notice alleging that materials hosted by or distributed through the App or Services infringes intellectual property rights must include the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of the material that you claim is infringing and where it is located on the App or Services;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the use of the materials on the App or Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

5.7 DICE FM will promptly terminate the accounts of users that are determined by DICE FM, in its sole discretion, to be repeat infringers.

6. LIABILITY AND WARRANTY DISCLAIMERS

THE FOLLOWING TERMS IN THIS SECTION 6 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, DICE FM DISCLAIMS ALL WARRANTIES RELATING TO THE APP AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE (AND INCLUDING, WITHOUT LIMITATION, ANY OF THE FOREGOING APPLICABLE TO ANY PURCHASES MADE ON THE APP OR SERVICES).

IN NO EVENT WILL DICE FM OR ANY OF ITS AFFILIATES (“DICE PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE APP OR SERVICES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY PURCHASES MADE ON THE APP OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND THE AGGREGATE LIABILITY OF THE DICE PARTIES TO YOU IS LIMITED TO U.S. $100, EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED IN THE Purchase Terms.

ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE APP OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY EVENT PARTNER, VENUE HOST AND/OR EVENT ATTENDEE), IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE DICE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

7. PRESALES AND WAITING LISTS

7.1 Certain events will allow you to sign up to be notified via a SMS or push notification and reminded on the day when tickets are placed on sale. Tickets are sold on a first-come-first-sold basis and you must purchase the tickets in the same manner as any other transaction. You acknowledge that signing up to a presale notification does not guarantee you will successfully purchase a ticket.

7.2 Certain events which have sold out on the App will allow you to sign up to join a waiting list so that if additional tickets become available via the App, you may be given the opportunity to purchase a ticket via the App. Users that have already purchased a ticket for a sold-out event may also be given the opportunity to offer their ticket for sale via the waiting list. Please see our Purchase Terms for further information and the applicable terms.

8. USER CONDUCT

8.1 You agree not to use the App and Services for any purpose prohibited by these Terms of Use. You are solely responsible for all of your activities in connection with the App and Services, including any activities undertaken on your account further described below.

8.2 You will need to register an account in order to access the App. When registering an account, you will be required to provide certain information to use as further described in the Privacy Policy. You agree to provide us with accurate and up-to-date information as requested when registering your account, and you agree to update your details promptly in the App if there are any changes.

8.3 In order to use the App, you must have a compatible mobile device, access to the Internet, mobile messaging and data services. Fees and charges may apply to your use of the Internet or mobile messaging services. You agree that you are responsible for any such fees or charges where these apply.

8.4 You also agree that you will not attempt to, or assist any third party in attempting to, do any of the following:

8.5 We reserve the right to cancel any transaction or remove, suspend, edit or modify your access to the App and the Services at our discretion if we have reason to believe you have used the App or the Services in contravention of these Terms of Use. Any and all ticket(s) purchased as part of such transaction will be void.

8.6 If you or any third party is aware of any breach of these terms of use which could potentially damage or infringe our property, protectable rights or interests, you should immediately contact DICE via email at help@dice.fm with details of the alleged infringement.

9. TERM, AND CLOSING OR TERMINATING YOUR ACCOUNT

9.1 These Terms of Use commence from the first date that you access and or use the App or Services until the time that these Terms of Use are terminated by you or DICE FM. There is no minimum time period of when these Terms of Use will be in effect.

9.2 You can uninstall the App at any time, using the functionality within the App or your mobile device. Please note though that deleting the App will not automatically result in the closure of your account. To close your account, please email us at help@dice.fm. Once you uninstall the App, close your related account and cease all use of the Services, these Terms of Use will terminate.

9.3 We reserve the right to suspend or terminate your account, terminate these Terms of Use, or remove, suspend, edit or modify the App or the Services at any time and at our convenience by providing notice to you.

9.4. In the event of any termination of these Terms of Use, the following Sections will survive: 2.2, 2.3, 2.4, 4.1, 4.3, 4.4, 4.5, 5, 6, 8, 9.4, 10, 11, 12.2, 12.3 and all defined terms used therein.

10. THIRD-PARTY CONTENT AND SERVICES

10.1 The App and Services may integrate with social networking platforms (such as Facebook), music streaming platforms (such as Spotify) and other third party applications. Your use of any integrated applications will be subject to those third party's terms of use and their privacy policies.

10.2 When you access third party websites or applications from the App or Services you do so at your own risk. Any third party websites or applications are outside of our control, and we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or applications.

10.3 Sometimes DICE FM may request additional permissions related to the settings on your mobile device, such as accessing your location or enabling push notifications in order to carry out certain actions or allow you to enjoy certain features. If you choose not to give us the necessary permissions then you may not be able to access all the features and functions of the App.

11. DISPUTE RESOLUTION

11.1 In the interest of resolving disputes between you and DICE FM in the most expedient and cost effective manner, you and DICE FM agree that any dispute arising out of or in any way related to these Terms of Use or your use of the App or Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms of Use or your use of the App or Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND DICE FM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS OF USE SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

11.2 Notwithstanding Section 11.1 above, nothing in these Terms of Use will be deemed to waive, preclude or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim.

11.3 Any arbitration between you and DICE FM will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.

11.4 A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). DICE FM’s address for Notice is: 3500 S. DuPont Highway, Dover, DE 19901, Attn: Chief Executive Officer. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or DICE FM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or DICE FM must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by DICE FM prior to selection of an arbitrator, DICE FM will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by DICE FM in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.

11.5 If you commence arbitration in accordance with these Terms of Use, DICE FM will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the State of Delaware, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse DICE FM for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. Notwithstanding anything in these Terms of Use to the contrary, and for the avoidance of doubt, the arbitrator can award injunctive relief as a remedy in any arbitration required under this Section 11.

11.6 YOU AND DICE FM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DICE FM agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

11.7 Except as otherwise provided in these Terms of Use, if DICE FM makes any future change to this arbitration provision, other than a change to DICE FM’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to DICE FM’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and DICE FM.

11.8 If Section 11.6 above is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void, and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 12.2 will govern any action arising out of or related to these Terms of Use.

12. GENERAL

12.1 If you have any complaint about the App or Services, you should contact our customer services department at the following email: help@dice.fm.

12.2 These Terms of Use are governed by the internal substantive laws of the State of Delaware without respect to its conflict of laws provisions. You and DICE FM submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of Delaware for resolution of any lawsuit or court proceeding permitted under these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between you and DICE FM as a result of these Terms of Use or use of the App or Services. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. Failure of DICE FM to act on or enforce any provision of these Terms of Use will not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver will be effective against DICE FM unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. These Terms of Use, together with the Privacy Policy and Purchase Terms, constitutes the entire agreement between you and DICE FM with respect to the subject matter of such documents, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter therein. The Section headings in these Terms of Use are provided merely for convenience and will not be given any legal import. These Terms of Use will inure to the benefit of our successors and assigns. You may not assign these Terms of Use or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of DICE FM. These Terms of Use create no third party beneficiaries.

12.3 By using the App or Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

13. Notice Regarding Apple

This Section only applies to the extent you are using our App on an iOS device. You acknowledge that these Terms of Use are between you and DICE FM only, not with Apple Inc. (“Apple”), and Apple is not responsible for the App or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms of Use. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.