TERMS OF USE AGREEMENT FOR ALL USERS
BY USING OUR PLATFORM YOU AGREE TO THESE TERMS. THIS IS A BINDING AGREEMENT – PLEASE READ THEM CAREFULLY
STANDARD CONTRACT BETWEEN SUBSCRIBER AND ATHLETE AND TEAM
TERMS OF USE FOR TEAMS AND ATHLETES
TERMS OF USE FOR ALL USERS
Introduction: These Terms of Use for all Users govern your use of DYME and your agreement with us.
Interpretation: In the Terms of Service:
We refer to our platform as "DYME", including when accessed via the App store, social media outlet, DYME landing page, or via any web browser; references to "we", "our", "us" are references to the company DYME LLC.
Users are defined as paying subscribers, teams and athletes. Those who operate on the platform.
“Team” is defined as every member of the team page that includes “athletes” and “admin.”
"Content" means any digital material on DYME performed by any User (whether a team, athlete or a subscriber), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, lobbies, and any other material whatsoever;
"Athlete", “Player” or “Team” means a collegiate athlete (“User”), who is on a DYME featured team, as a player on the roster.
"Subscriber" means a User that is able to view the team or athlete’s content, lobbies, messaging, tips and other engagements with athletes and teams.
“Admin” means a member of a team that helps facilitate team content. This admin manages a roster, posts team videos, and can divide the revenue sharing of a team (including the revenue for themselves).
"Subscriber Payment" means any and all payments made by a subscriber to a team or athlete, including payments for access to a Team’s Content, for interaction with the team/player, to procure new Content from the team/player, to subscribe to the team account, to use interactive functions on the team’s account, and any tips paid by a subscriber to a team or player.
“NIL” (Name, Image and Likeness) is defined as a collegiate athlete’s right to publicity.
"Standard Contract between subscriber and team/player" means the terms which govern each transaction between a subscriber and a team/player on DYME.
"Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of the policies in this Terms of Use Agreement.
Who we are and how to contact us: DYME is operated by DYME LLC. We are a Texas limited liability company. To contact us with any questions about DYME, please email our support team at info@dyme.tv. Our mailing address is 9320 Enmora Lane, Houston TX 77080.
How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
To reflect changes in laws and regulatory requirements which apply to DYME, NCAA rules and regulations, university policy, and the services, features and programs of DYME where such changes require DYME to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
To address an unforeseen and imminent danger related to defending DYME, subscribers, teams and athletes from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or text through DYME, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use DYME.
We may make changes to or suspend or withdraw DYME. We may update and change DYME from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that DYME, or any content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of DYME for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
In order to open an account, you will be asked to provide us with certain information such as an account name, phone number and password. You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your phone. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to DYME upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by DYME, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. DYME reserves all available legal rights and remedies to prevent unauthorized use of the DYME Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Registering with DYME: To use DYME, you must first register and create an account on the DYME platform. You must provide a valid email address, a username, and a password and US phone number. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the DYME platform for the composition of passwords. To register and remain an active User:
You must be at least 13 years old, and you will be required to confirm this by providing a date of birth.
If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 13 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
You must not be barred from accessing our platform under any laws which apply to you.
If you do not meet the above requirements, you must not access or use DYME.
Your commitments to us: When you register with and use DYME, you make the following commitments to us:
If you previously had an account with DYME, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
You will make sure that all information which you submit to us is truthful, accurate and complete.
You will update promptly any of your information you have submitted to us as and when it changes.
You consent to receiving communications from us electronically, including by emails and messages posted to your DYME account, and to the processing of your personal data as more fully detailed in our privacy policy.
You will keep your account/login details confidential and secure, including your user details, passwords, payment details and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact DYME promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
You will comply in full with these Terms of Use for all Users, our acceptable use policy and all other parts of the Terms of Service which apply to your use of DYME.
The DYME Services are owned and operated by DYME. Unless otherwise indicated, all content, information, and other materials on the DYME Services (excluding User Content, set out in Section 16 below), including, without limitation, DYME’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of DYME or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by DYME, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the DYME Services for your personal use or internal business use only.
DYME reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the DYME Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the DYME Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the DYME Services, the Materials, or any information contained in them, except as expressly permitted on the DYME Services; or (f) any use of the DYME Services or the Materials except for their intended purposes. Any use of the DYME Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of DYME, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. DYME can terminate this license as set out.
Rights we have, including to suspend or terminate your account:
We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
It is our policy to suspend access to any Content you post on DYME which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content or behavior, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your DYME account, but we are not obligated to give you prior notice of such removal.
We reserve the right in our sole discretion to terminate your agreement with us and your access to DYME for any reason by giving you a notice by email or electronic message to your DYME account. We can also suspend access to your User account or terminate your agreement with us and your access to DYME immediately and without prior notice:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or;
if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of DYME.
If we suspend access to your User account or terminate your agreement with us and your access to DYME we will let you know. During any period when access to your User account is suspended, any subscriber Payment which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the team or player Earnings due to you but not yet paid out in accordance with Terms of use for Teams and Athletes.
If we suspend access to your User account or terminate your agreement with us and your access to DYME we will let you know. During any period when access to your User account is suspended, any subscriber Payment which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the team or player Earnings due to you but not yet paid out in accordance with Terms of use for Teams and Athletes.
Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on DYME for you to be able to access your Content following termination of your account.
We can investigate any suspected or alleged misuse, abuse, or unlawful use of DYME and cooperate with law enforcement agencies in such investigation.
We can disclose any information or records in our possession or control about your use of DYME to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
We can change the third-party payment providers that we use and if we do so, we will notify you and store applicable details on your DYME account.
All rights in and to DYME and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material may be protected by copyright, trademark, trade secret, and other intellectual property laws.
We are the sole and exclusive owners of any and all anonymized data relating to your use of DYME and such anonymized data can be used by us for any purpose, including for commercial, development and research purposes.
We will use reasonable care and skill in providing DYME to you. However, there are certain things which we are not responsible for as follows:
We do not authorize or approve Content on DYME, and views expressed by teams or athletes or subscribers on DYME do not necessarily represent our views.
Your Content may be viewed by individuals that recognize your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on DYME, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on DYME.
All Content is created, selected and provided by teams. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via DYME. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy.
You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User of DYME and that if you choose to do so, you do so entirely at your own risk.
We make no promises or guarantees of any kind that teams or players will make a particular sum of money (or any money) from their use of DYME. The materials which we make accessible on DYME for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
We do not promise that DYME is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access DYME. You should use your own virus protection software.
We are not responsible for the availability of the app, internet, or any errors in your network connections, device or other equipment, or software that may occur in relation to your use of DYME.
While we try to make sure that DYME is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by teams and players.
We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
You acknowledge that once your Content is posted on DYME, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
Content is Uploaded at your Own Risk - DYME uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, DYME does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that DYME shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against DYME for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY DYME HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Prohibited Conduct - YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the DYME Services.
You agree that you will comply with these Terms of Service and DYME’s Community Guidelines and will not:
Create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
Impersonate any person or entity; falsely claim an affiliation with any person or entity; access the DYME Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the DYME Services; or perform any other similar fraudulent activity;
Send junk mail or spam to users of the DYME Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
Harvest or collect email addresses or other contact information of other users from the DYME Services;
Defame, harass, abuse, threaten, or defraud users of the DYME Services, or collect or attempt to collect, personal information about users or third parties without their consent;
Delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the DYME Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the DYME Services, (c) features that enforce limitations on the use of the DYME Services or User Content, or (d) the copyright or other proprietary rights notices on the DYME Services or User Content;
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the DYME Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
Modify, adapt, translate, or create derivative works based upon the DYME Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Interfere with or damage the operation of the DYME Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
Relay email from a third party’s mail servers without the permission of that third party;
Access any website, server, software application, or other computer resource owned, used, and/or licensed by DYME, including but not limited to the DYME Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures DYME may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by DYME, including but not limited to the DYME Services;
Manipulate identifiers in order to disguise the origin of any User Content transmitted through the DYME Services;
Interfere with or disrupt the DYME Services or servers or networks connected to the DYME Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the DYME Services; use the DYME Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the DYME Services, or that could damage, disable, overburden, or impair the functioning of the DYME Services in any manner;
Use or attempt to use another user’s account without authorization from that user and DYME;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the DYME Services that you are not authorized to access;
Attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
Use the DYME Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
To the extent permitted by applicable law, DYME takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is DYME liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the DYME Services. Your use of the DYME Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the DYME Services will not contain any content that is prohibited by such rules.
DYME is not liable for any statements or representations included in User Content. DYME does not endorse any User Content, opinion, recommendation, or advice expressed therein, and DYME expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, DYME reserves the right to remove, screen, or edit any User Content posted or stored on the DYME Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the DYME Services at your sole cost and expense. Any use of the DYME Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the DYME Services.
Intellectual property rights – Ownership and licenses:
You confirm that teams and athletes own intellectual property rights in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in any territory in which DYME is accessible and, in particular, in the United States of America.
You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right in such Content, for any purpose reasonably related to the provision and operation of DYME. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
Through this license of content, DYME can reuse or resale content uploaded to the platform.
The license which you post to the platform is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using DYME, that we do not have to pay you for the license, and that we can grant a sublicense of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to Content, to make your Content available to other Users of DYME, as well as to use your Content for other normal operations of DYME.
We are granted the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf.
You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on DYME. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission.
Linking to and from DYME:
Links to DYME:
You may link to a DYME individual profile, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If you are a team and/or player, when promoting your team account you must comply with our Terms of Service and the terms of service of any other platform where you place a link to or otherwise promote your Creator account. When promoting your team account, you must not impersonate DYME or give the impression that your team account is being promoted by us if this is not the case. You must not promote your DYME account by using Google Ads or any similar advertising platform or search engine advertising service.
Links from DYME: If DYME contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to DYME, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
How do I delete my account? If you want to delete your DYME account then you may do so in the 'User Account' section of your DYME account.
If you are a subscriber, the deletion of your account will take place within a reasonable time following your request.
If you are a team or athlete, contact DYME and we will initiate the team deletion process.
If players opt-out, they can opt back in the next month. Subject to the admin.
Once your subscriber account has been deleted you won't be charged any further amounts or have access to your former DYME account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. As a Team or Player, once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on DYME for you to be able to access your Content following termination of your account.
Who is responsible for any loss or damage suffered by you?
Whether you are a user or athlete: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
If you are a subscriber User: If you are a subscriber User, you agree that:
We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of DYME.
If you are a subscriber, our total liability to you for claims arising out of or related to your agreement with us shall be limited to two hundred fifty dollars (USD 250) per claim.
Players and teams agree that:
We and our subsidiary companies, employees, owners, representatives, and agents:
Exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to DYME or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
Are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
Won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
Your inability to use DYME or any of its services, features or programs; or
Your use of or reliance on any content (including Content) stored on DYME;
Won't be liable to you for any:
loss of profits;
loss of sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation;
loss of data or information, including any Content; or
indirect or consequential loss or damage;
won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of DYME or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party.
won't be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”);
won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the lesser of:
100% of the total fees paid by you to us in connection with your use of DYME; and
One thousand dollars (USD $1,000.)
General: You agree that:
If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
We reserve all rights not expressly granted to you.
No implied licenses or other rights are granted to you in relation to any part of DYME, save as expressly set out in the Terms of Service.
Your agreement with us does not give rights to any third parties, except for the exclusions and limitations of liability. This may be enforced by our subsidiary companies, employees, owners, representatives and agents.
You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
The Terms of Service form the entire agreement between us and you regarding your access to and use of DYME, and supersede any and all prior oral or written understandings or agreements between us and you.
Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning DYME (including those arising from or relating to your agreement with us) can be brought:
For users:
Subscribers:
If you are a consumer, your agreement with us is governed by The United States of American and or the will apply to any claim you have against us or we have against you that arises out of or in connection with your agreement with us (including non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the state of Texas.
Teams and Athletes - where claims must be brought:
If you are a consumer resident in the United States, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) may be brought in the courts of the state of Texas.
If you are a consumer resident outside of the United States or any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) must be brought in the courts of the United States, in the State of Texas.
Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning DYME (including those arising out of or related to your agreement with us) must be filed within 3 months after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.
Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
Terms of Use for subscribing users– which contain additional terms which apply if you use DYME as a Fan;
Terms of Use for Athletes and Teams – which contain additional terms which apply if you use DYME as an athlete or team;
Privacy Policy– which applies to all Users and tells you how we use your personal data and other information we collect about you;
Acceptable Use Policy - which applies to all Users and tells you what you can and can’t do on DYME;
Complaints Policy - which sets out the procedure for making a complaint about any aspect of DYME, and how we will deal with that complaint.
If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 17(a) to (g) above, the Terms of Use for all Users will apply to the extent of the conflict.
Limited Liability - TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL DYME OR THE DYME PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE DYME SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM DYME, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DYME’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DYME, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE DYME SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE DYME SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, DYME SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY TO THE EXTENT PROHIBITED.
Privacy Policy
OVERVIEW
DYME LLC and its subsidiaries (collectively, “DYME,” “we,” “us,” “our”) respect your privacy and are committed to protecting the personal data we hold about you. If you have questions, comments, or concerns about this Privacy Notice or our processing of personal data, please see the bottom of this Privacy Notice for information about how to contact us. DYME is the data controller of the personal data collected, and is responsible for the processing of your personal data.
DYME is a social platform that enables college athletes, teams to share their media content; for subscribing users to enjoy content and for some to do both. We refer to those users who share content as “teams” and “athletes” and those users who pay to view Creators’ content as “subscribers”. “Teams” are defined as “athletes” and “admin.” Athletes are players on the university varsity team, and “admin” helps facilitate content, roster management, player earning splits among other team specific responsibilities. This Privacy Notice explains our practices with respect to personal data we collect and process about you. This includes information we collect through, or in association with, our website located at www.dyme.tv, our services that we may offer from time to time via our website, our related social media sites (Twitter and Instagram), or otherwise through your interactions with us (the app, our social media pages, and services, collectively, the “Services”). Please review the following to understand how we process and safeguard personal data about you. By using any of our Services, whether by visiting our website or otherwise, and/or by voluntarily providing personal data to us, you acknowledge that you have read and understand the practices contained in this Privacy Notice, and agree that liability is limited up to $25,000. This Privacy Notice may be revised from time to time, so please ensure that you check this Privacy Notice periodically to remain fully informed.
PERSONAL DATA WE COLLECT
Categories of Personal Data We Collect
How We Use Your Personal Data
How We Obtain Your Personal Data
Legal Bases for Processing
Who We Share Your Personal Data With
Personal Data We Share
YOUR RIGHTS REGARDING PERSONAL DATA
Accessing, Modifying, Rectifying, and Correcting Collected Personal Data
California Privacy Rights
YOUR CHOICES
Communications Opt-Out
Location Information
Cookies and Web Tracking
PROTECTING PERSONAL DATA
RETENTION OF PERSONAL DATA
OTHER IMPORTANT INFORMATION ABOUT PERSONAL DATA AND THE SERVICES
Identity Verification
Payment Information
Collection of Personal Data from Children
Third-Party Websites and Services
Real-time video interaction with teams
Do Not Track
International Use
MODIFICATIONS AND UPDATES TO THIS PRIVACY NOTICE
APPLICABILITY OF THIS PRIVACY NOTICE
ADDITIONAL INFORMATION AND ASSISTANCE
PERSONAL DATA WE COLLECT
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal data”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data; otherwise, the data is not subject to this Privacy Notice.
Categories of Personal Data We Collect - The types of personal data we collect about you depends on your interactions with us and your use of the Services. We will collect the following below categories of personal data from our users:
Identifiers such as a real name, alias, phone number, app protocol address, email address, account name, Personal information categories listed in the Texas civil code 1798.80.
Characteristics of protected classifications under Texas or federal law.
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Biometric information. Note: While we do not collect biometric information, if you choose to authenticate yourself through certain service providers we use, they may collect biometric information subject to their privacy policies, but we are never provided with access to that information.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
Audio, electronic, visual, thermal, olfactory, or similar information.
HOW DYME USES PERSONAL INFORMATION
DYME uses such information to operate, maintain, enhance, provide, create, and develop all of the features, functionality, and services (new or existing) found on the DYME Services; provide security for our websites, products, software, or applications; manage relationships with DYME account holders (e.g., Partners, Affiliates), including making or receiving payment; improve users’ experience with DYME by providing content recommendations and by delivering content that we hope users will find relevant and interesting, including advertising and marketing messages; allow you to comment on content, and participate in online games, contests, or rewards programs; prevent fraud and abuse; and understand the usage trends of our users.
We use your email address and/or telephone number to communicate with you, including to notify you of major DYME Services updates, for customer service purposes, or to contact you regarding any content that you have posted to or downloaded from the DYME Services. If you want to stop receiving notifications by telephone, reply STOP to any text message from us. Note that we may still send you additional informational or transactional notifications.
DYME may periodically send promotional materials or notifications to you related to the DYME Services. If you want to stop receiving promotional materials, you can go to your account settings once you have logged in to the DYME Services or follow the unsubscribe instructions at the bottom of any email from us. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.
In certain cases, we have a legal obligation to collect and process your personal information (such as our obligation to share data with tax authorities).
We may also ask for your consent to process your personal information for a specific purpose that we communicate to you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop the processing of your data for that purpose.
DYME will rely on legal grounds to process your personal information to the extent permitted by applicable law, which may include, without limitation: to honor contractual commitments, to take steps in anticipation of entering into contract, to fulfill legal obligations, your consent, and DYME’s legitimate interests.
We will not collect additional categories of personal data other than those categories listed above. If we intend to collect additional categories of personal data, we will provide you with a new notice at or before the time of collection.
When a player opts-in to DYME, they are waiving their right to social privacy. Meaning, DYME can post on social media content that is related to a player and team’s name, image or likeness, free of commission or royalty.. These posts include content posts on Twitter, Instagram, and other media outlets.
We strive to ensure that the content can be enjoyed by everyone, and to keep the content appropriate, tasteful and lawful. To do that, we collect and process your personal data for the additional following business and commercial purposes:
Developing, improving, operating, providing, predicting, or performing, including maintaining or servicing accounts, enhancing the Services and your experience with them, providing customer service, processing or fulfilling transactions, verifying your identity, and processing payments.
Communicating with you by email and text about the Services, verifying your identity, responding to support inquiries or, sharing information about the Services.
Auditing related to a current interaction with the user and concurrent transactions.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Debugging to identify and repair errors that impair existing intended functionality.
Undertaking internal research for technological development and demonstration.
Undertaking activities to verify or maintain the quality or safety of the Services owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the Services owned, manufactured, manufactured for, or controlled by us.
Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
Enforcing our Terms of Service and other usage policies.
As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.
Publish cash earning reports (for teams) to the general public.
We will not use the personal data we collected for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.
HOW WE OBTAIN YOUR PERSONAL DATA
We collect your personal data from the following categories of sources:
Directly from you. When you provide it to us directly to open an account and use the Services, or when you update the information in your account.
Automatically or indirectly from you. For example, through and as a result of your use of and access to the Services. We also collect IP addresses and browser types from the devices you use.
From our service providers.
Legal Bases for Processing
We process personal data for, or based on, one or more of the following legal bases:
Performance of a Contract. By using the Services, you have contracted with us through the Terms of Service, and we will process certain personal data to perform under that contract.
Legitimate Interests. We may process personal data for our legitimate interests, including complying with any applicable law, rule or regulation, investigation or remedy; enforcing our Terms of Service; protecting our, our users' or others' rights, property and safety; and detecting and resolving any fraud or security concerns.
Compliance with Legal Obligations and Protection of Individuals. We may process personal data to comply with our legal obligations, including as required by valid legal process, governmental request, and to protect those individuals who use our Services and others.
WHO WE SHARE YOUR PERSONAL DATA WITH
We share personal data with the following categories of third parties:
Our service providers.
Our affiliated entities.
Government agencies or regulators when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, or safety, and/or that of our users and others.
Personal Data We Share: We will share with the following categories of third parties the following categories of personal data for a business purpose:
Identifiers (e.g. name, address, email address, government ID, IP address): Service providers.
Identifiers (e.g. account name): Other athletes, teams and subscribers.
Personal information categories listed in the California Customer Records statute (e.g. government ID, bank account numbers): Service providers.
Audio, electronic, visual, thermal, olfactory, or similar information (e.g. content you create): Service providers.
YOUR RIGHTS REGARDING PERSONAL DATA
You have certain rights regarding the collection and processing of personal data. You may exercise these rights, to the extent they apply to you, by contacting us at the information provided at the end of this Privacy Notice, or by following instructions provided in this Privacy Notice or in communications sent to you.
Your rights vary depending on the laws that apply to you, but may include:
The right to know whether, and for what purposes, we process your personal data;
The right to be informed about the personal data we collect and/or process about you;
The right to learn the source of personal data about you we process;
The right to access, modify, and correct personal data about you. section below for more information);
The right to know with whom we have shared your personal data with, for what purposes, and what personal data has been shared (including whether personal data was disclosed to third parties for their own direct marketing purposes);
The right to withdraw your consent, where processing of personal data is based on your consent; and
The right to lodge a complaint with a supervisory authority located in the jurisdiction of your habitual residence, place of work, or where an alleged violation of law occurred.
Accessing, Modifying, Rectifying, and Correcting Collected Personal Data
We strive to maintain the accuracy of any personal data collected from you, and will try to respond promptly to update our records when you tell us the information in our records is not correct. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us. Any updates or corrections to your information may be made through your account settings.
Depending on the laws that apply to you, you may obtain from us certain personal data in our records. If you wish to access, review, or make any changes to personal data you have provided to us through the Services, please contact us at the information provided at the end of this Privacy Notice. We reserve the right to deny access as permitted or required by applicable law.
Your California Privacy Rights
California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. However, we do not disclose personal data protected under the “Shine the Light” law to third parties for their own direct marketing purposes.
The California Consumer Privacy Act (“CCPA”) provides our users who are California residents the following additional rights:
Right to Know: You have the right to request that we disclose certain information to you about the personal data we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following:
The categories of personal data collected about you;
The categories of sources from which we collected your personal data;
The categories of personal data that we have sold or disclosed about you for a business purpose;
The categories of third parties to whom your personal data was sold or disclosed for a business purpose;
Our business or commercial purpose for collecting or selling your personal data; and
The specific pieces of personal data we have collected about you.
Data Portability: You have the right to request a copy of personal data we have collected and maintained about you in the past 12 months.
RIGHT TO DELETION
You have the right to request that we delete the personal data we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal data, we may deny your request or may retain certain elements of your personal data if it is necessary for us or our service providers to:
Complete the transaction for which the personal data was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
Comply with the Texas Penal Code16.02.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
Comply with a legal obligation.
Otherwise use the personal data, internally, in a lawful manner that is compatible with the context in which you provided the information.
RIGHT TO OPT-OUT/IN: You have the right to opt-out of the sale of your personal data. You also have the right to opt-in to the sale of personal data. However, we do not sell your personal data.
RIGHT TO NON-DISCRIMINATION
You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
To exercise privacy rights described above, please submit a verifiable request to us by emailing us at info@dyme.tv.
If you have an account with us, you can exercise any of the above rights from your profile. If you don’t have a profile or if you are unable to access, control, or delete your information from within your profile, you can contact us through any of the above methods.
Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal data.
You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal data or an authorized representative. Depending on the nature of the request, we may need to verify your identity through an additional Ondato verification cycle, which requires a government issued ID and a photo requiring your presence through the a (see identify verification) section below for more information).
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
CONSUMER REQUEST BY AN AUTHORIZED AGENT
If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to info@dyme.tv, along with all of the below items:
Proof that you gave the authorized agent signed permission to submit the request.
Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
To verify your identity, depending on the nature of the request, we may also require a valid Government Issued ID (not expired), email address, and the last 4 digits of the social security number.
We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. Making a verifiable consumer request does not require creating an account with us. However, if you do have an existing login, we will require you to log in to submit a request. We will only use personal data provided in a verifiable consumer request to verify the request’s identity or authority to make the request.
We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will in best efforts inform you of the reason and extension period in writing. If you have an account with us, we will in best efforts deliver our written response to that account. If you do not have an account with us, we will in best efforts deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily usable format that allows you to transmit the information to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
YOUR CHOICES
You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal data. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services. In addition, it is possible to change your browser settings to block the automatic collection of certain information.
Communications & Notifications Opt-Out: Communications & Notifications Opt-Out: You may opt out of receiving email communications from us at any time by following the opt-out link or other unsubscribe instructions provided in any email message received, by contacting us as provided at the end of this Privacy Notice, or by changing your notification preferences in account settings. you wish to opt out by sending us an email to the address provided below, please include “Opt-Out” in the email’s subject line and include your name and the email address you used to sign up for communications in the body of the email. Note, that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).
Location Information: If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.
Cookies and Web Tracking Consult our cookie notice for more information about how to control and/or opt out of certain web tracking technologies
PROTECTING PERSONAL DATA
We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data. Those safeguards include:
The encryption of personal data where we deem appropriate;
Taking steps to ensure personal data is backed up and remains available in the event of a security incident; and
Periodic testing, assessment, and evaluation of the effectiveness of our safeguards.
However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.
RETENTION OF PERSONAL DATA
We retain personal data for a period after a user closes their account, and certain personal data for longer periods to the extent we deem necessary to carry out the processing activities described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties. Under applicable law, we are required to retain certain financial information for seven (7) years.
OTHER IMPORTANT INFORMATION ABOUT PERSONAL DATA AND THE SERVICES.
Identify Verification: We require athletes to ensure that we do not knowingly offer our Services to or collect personal data from any users under 13 or any athletes under 18 or anyone using a false identity, and offer checks as an option for subscribers.
Payment Information: Payments made by subscribers to access content are processed by third party payment providers. For example, when you make a payment that is processed by a payment provider, you will provide that third party with your credit card number, credit card expiration date, and security code, which they process and store subject to their privacy policy and terms of service. We do not receive your full credit card number, credit card expiration date, or the security code. Instead, the payment provider provides us with a “token” that represents your account, your card’s expiration date, card type and the first two and last four digits of your card number. If you are required to provide your name and email address to the payment provider, then they also provide us with that information. Payments issued to athletes & teams for their content are made by DYME using the bank account information that we have collected and stored. If not using a credit card, we will use Apple Pay that is linked to your apple account to directly make in-app purchases.
Payments that are made are not considered gifts to the university.
Collection of Personal Data from Children: Our Services are not intended for any athletes under 18 or any users under 13. Anyone under 13 years of age is not permitted to use the platform, and we do not knowingly collect information from users under the age of 13. By using the Services, you represent that you are 18 years of age or older as an athlete or 13 years or older as a user.
The DYME Services are not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the DYME Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The DYME Services are also not available to any users previously removed from the Twitch Services by Twitch or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE TWITCH SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE DYME SERVICES.
Protecting the privacy of young children is especially important. For that reason, DYME does not knowingly collect or maintain personal information (as defined by the United States Children’s Online Privacy Protection Act) from persons under 13 years-of-age. If DYME learns that personal information of persons under 13 has been collected on or through the DYME Services, DYME will take appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who has become a DYME Services member, then please contact DYME at info@dyme.tv to have that child’s account terminated and personal information deleted.
DYME will not knowingly engage in that processing for users under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.
OTHER SERVICES
As a convenience, we may reference or provide links to third- party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business (including, but not limited to, our service providers). When you access these third-party services, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Privacy Notice does not apply to any third-party services; please refer to the Privacy Notices or policies for such third-party services for information about how they collect, use, and process personal data.
Business Transfer: We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the Services may be disclosed to any potential or actual third- party acquirers and may be among those assets transferred.
Do Not Track: We currently do not use any cross-site tracking technologies and do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms. Note, however, that you may find information about how to block or reject certain tracking technologies in our cookie notice.
Your personal data will be stored and/or processed in the United States. By your use of the Services, you acknowledge that we will transfer your data to, and store your personal data in the United States, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law, including to law enforcement and/or national security authorities in other countries. For transfers of data into and out of the European Economic Area, pursuant to Article 46 of the General Data Protection Regulation, we use data transfer agreements subject to EU-approved standard contractual clauses.
MODIFICATIONS AND UPDATES TO THIS PRIVACY NOTICE
This Privacy Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this Privacy Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised Privacy Notice will constitute your acknowledgement of the amended Privacy Notice.
APPLICABILITY OF THIS PRIVACY NOTICE
This Privacy Notice is subject to the Terms of Service and Acceptable Use Policy that govern your use of the Services. This Privacy Notice applies regardless of the means used to access or provide information through the Services.
This Privacy Notice does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Services. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.
ADDITIONAL INFORMATION AND ASSISTANCE
If you have any questions or concerns about this Privacy Notice and/or how we process personal data, please contact us at info@dyme.tv.
ACCEPTABLE USE POLICY
Overview: This Policy applies to your use of DYME and all Content on DYME and forms part of your agreement with us. This Policy sets out what is and is not permitted on DYME.
In this Policy, defined terms have the same meanings as in our Terms of Use.
Do not use DYME except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of DYME to or with anyone else.
Only use DYME in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on DYME that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
Do not use DYME in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
As a team or athlete, do not upload, post, display, or publish Content on DYME that:
Shows, includes or refers to:
any individual under 18 years old (or which refers to individuals under 18 years old generally); or
any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
Shows, promotes, advertises or refers to:
firearms, weapons, or any goods wholesale, possession or use is subject to prohibitions or restrictions;
drugs or drug paraphernalia;
self-harm or suicide;
Sex or sexualization of an athlete or any user.
Contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated content in relation to another User or anyone else.
Contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
Contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for DYME including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent.
Gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
Content that is considered defamation to a teammate or university.
Team or university information of confidentiality.
Information that could be seen as insight for gambling.
Causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
Is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
Involves or promotes third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
Do not use DYME to stalk, bully, abuse, harass, threaten or intimidate anyone else.
Do not use DYME to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live video or otherwise attempt to pass off recorded material as a live video.
Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
Do not introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of DYME.
Do not use DYME in a way that could adversely affect our systems or security or interfere with any other User’s use of DYME, including their ability to engage in real time activities through DYME.
Do not use any automated program, tool or process (such as web crawlers, robots, bots spiders, and automated scripts) to access DYME or any server, network or system associated with DYME, or to extract, scrape, collect, harvest or gather Content or information from DYME.
Do not use DYME' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.
Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service. If you have any questions regarding the Acceptable Use Policy, please email us at info@dyme.tv
STANDARD CONTRACT BETWEEN SUBSCRIBER AND ATHLETE AND TEAM
Overview: This Standard Contract between subscriber and athlete and team ("this agreement") sets out the terms which govern each transaction between a subscriber and an athlete and team on DYME.
WHEN DOES THIS AGREEMENT APPLY: Each time a subscriber/athlete and team transaction is initiated on DYME, this Standard Contract between subscriber and athlete and team will apply to the exclusion of any other terms which the subscriber or athlete and team may propose, and this Standard Contract between subscriber and athlete and team will legally bind the subscriber and athlete and team participating in the subscriber/athlete and team Transaction.
Parties: The only parties to this agreement are the subscriber and athlete and team participating in the subscriber/athlete and team transaction. DYME is not a party to this agreement and neither grants any rights in respect of, nor participates in, any subscriber/athlete and team Transaction, except for acting as a payment intermediary in accordance with the athlete and team’s and subscriber’s instructions set out in section 5 of this agreement.
PRICING AND PAYMENT: By entering into a subscriber/athlete and team transaction, the subscriber agrees to pay the subscriber payment applicable to the relevant subscriber/athlete and team transaction in accordance with the pricing published in the athlete and team's account plus any tax which is applicable. The subscriber and athlete and team participating in the subscriber/athlete and team Transaction authorize DYME or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the subscriber payment and any applicable tax, to deduct the DYME Fee, and to pay out the sums due to athlete and teams as described in the DYME Terms of Service.
LICENCE OF CONTENT: Once the subscriber has made the subscriber payment for a subscriber/athlete and team transaction, the athlete and team grants to the subscriber a limited license to access the applicable content of that athlete and team to which the subscriber/athlete and team transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the subscriber to access and view the relevant content on the subscriber's personal device and via a normal network (and to make a temporary copy of such content only to the extent that this is an incidental and technical process forming part of the subscriber's accessing the Content (i.e. caching)), in accordance with the DYME Acceptable Use Policy.
OWNERSHIP OF CONTENT: The subscriber participating in the subscriber/athlete and team Transaction acknowledges and agrees that the license of the Relevant Content provided of this agreement does not result in the subscriber acquiring any rights in or to the Relevant Content, which rights shall be retained by the athlete and team of the Relevant Content.
EXPIRY OF LICENCE:
The license granted to a subscriber in relation to the Relevant Content will expire automatically without notice in the following circumstances:
if the subscriber Payment related to the subscriber/athlete and team Transaction was unsuccessful, or is charged back or reversed for any reason.
if the subscriber's User account is suspended or terminated for any reason;
if the subscriber acts in breach of the DYME Acceptable Use Policy (whether in relation to the Relevant Content or at all);
if the Content is removed by the athlete and team from the athlete and team's account;
if the subscriber closes their DYME User account.
Cancellation and refunds: In respect of every subscriber/athlete and team Transaction:
The subscriber acknowledges that the subscriber/athlete and team Transaction will result in a supply of the relevant Content to the subscriber before the end of the period of 30 days from the date when the subscriber/athlete and team Transaction is entered into, and the subscriber gives his or her express consent to this and confirms to the athlete and team that he or she is aware that any statutory right to cancel the subscriber/athlete and team Transaction which the subscriber has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
This agreement does not affect any statutory right to receive a refund from the athlete and team which a subscriber may have under the Consumer Rights Act 2015 or any other applicable law.
OBLIGATIONS BETWEEN ATHLETE AND TEAM AND SUBSCRIBER: In respect of every subscriber/athlete and team Transaction:
The subscriber and the athlete and team participating in the subscriber/athlete and team Transaction agree to comply at all times with the DYME Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
The subscriber participating in the subscriber/athlete and team Transaction agrees to make the subscriber Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the subscriber disputes the subscriber/athlete and team Transaction in good faith.
The athlete and team participating in the subscriber/athlete and team Transaction agrees to make the Relevant Content available to the subscriber once the subscriber has made the subscriber Payment applicable to the Relevant Content.
The athlete and team warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the subscriber in the territory in which the subscriber will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license of this agreement.
The athlete and team is solely responsible for creating and uploading the Relevant Content. The athlete and team provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
Unless there has been negligence or other breach of duty by the athlete and team, the accessing by the subscriber of the athlete and team's Content is entirely at the subscriber's own risk.
NO GUARANTEES: The subscriber participating in the subscriber/athlete and team Transaction acknowledges that athlete and teams may add and remove Content at any time from their athlete and team account, and that athlete and teams have the discretion to decide what sort of Content to make available on their account. In addition, the subscriber participating in the subscriber/athlete and team Transaction acknowledges that there may be circumstances where it is not possible for the subscriber to access to Relevant Content to be provided under the subscriber/athlete and team Transaction, including:
if the athlete and team's account is suspended or deleted;
if the subscriber's account is suspended or deleted;
if the availability of all or any part of DYME site is suspended or inaccessible; or
if the athlete and team is unable to create or upload Relevant Content in the future.
TERMS RELATING TO DISPUTES
Where claims can be brought.
If this agreement is with a subscriber resident in the US, any claim under this agreement may be brought in the courts of where the incident occurred.
If this agreement is with a subscriber resident outside of the US, any claim under this agreement must be brought in the US courts, unless the subscriber and athlete and team otherwise agree.
TERMS OF USE FOR TEAMS AND ATHLETES
BY USING OUR PLATFORM AS A TEAM AND ATHLETE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Overview: These Terms of Use for athletes and teams are additional terms which apply if you use DYME as an athlete and as a team (also referred to as "you" and "your" in these Terms of Use for athletes, teams and admin). These Terms of Use for athletes and teams form part of your agreement with us.
INTERPRETATION: In these Terms of Use for athletes and teams, defined terms have the same meanings given to them in the Terms of Use.
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether in the US or any other jurisdiction.
Other terms which will apply to your use of DYME: The following terms will also apply to your use of DYME and you agree to them:
Our Terms of Use for All Users
Our Privacy Policy– which tells you how we use your personal data and other information we collect about you;
Our Acceptable Use Policy– which tells you what you can and can’t do on DYME;
Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of DYME, and how we will deal with that complaint; and
The Standard Contract between subscribers and Athletes, Teams and Admin. – which does not form part of your agreement with us, but sets out the agreement between you and your subscribers for each transaction between you and them.
Other terms which may apply to your use of DYME: The following additional terms may apply to your use of DYME:
If you are any kind of user, the Terms of Use for subscribers will also apply to your use of DYME.
Definitions:
International Player: An “athlete” on a “team” that carries a F-1/M-1 student visa, which allows a player outside of the United States to enter the United States as a full-time student at an accredited college, university, academic high school, or other academic institution or in a language training program.
Work: The active use of in-app features that allow players and teams to engage within the DYME platform. Work includes hosting lobbies, messaging, receiving tips and creating video content.
International Players Using DYME:
Compensation earned for international players through DYME is solely for the use of their NIL, by default membership of their university team. An international player is not permitted to use the in-app features that are defined as “work.” An international player will only be permitted to passively earn monthly team subscription revenue, using only their NIL. International player capabilities only permit inclusion on the team roster page.
DYME FEES:
What are the fees that we charge athletes and teams for the use of DYME? We charge a fee of twenty-five per cent (25%) of gross subscription revenue (after state sales tax, logo licensing fee and (Apple store fee up to 30%)), made to you (called Our Fee). The seventy five (75%) of gross revenue from subscriptions is payable to the team (called "athlete and team Earnings"). This payment can be divided equally or divided differently between players and admin). “Our Fee” will charge a percentage (after state sales tax, logo licensing fee and Apple store fee) of all other in-app purchases made within DYME. Our Fee includes our costs of providing, maintaining and operating DYME and storing your content. Our Fee is deducted from the in-app payment, and athlete and team earnings are paid to you in the way described in the section below.
Role in Pricing
DYME does not actively broker price points for subscriptions, tips, lobby tickets, or messaging. Teams and players come up with those price points.
If you are any kind of user, the Terms of Use for subscribers will also apply to your use of DYME.
Content Ownership
DYME does not own or is responsible for the content shared on the platform. The content is licensed to DYME. However, DYME has the right to resell, upload or sub-license any content uploaded to DYME to any 3rd party or business entity.
PLAYER NIL RIGHTS WITH NIL
Players that opt-in to DYME have the ability to engage in other NIL opportunities that do not have the similar offering of DYME. We in no way want to block or discourage players from engaging with other NIL opportunities.
OPT-OUT
If a player opts-out after joining, they can rejoin the team after a 1 month billing cycle.
BANKING: When a player and or admin creates their profile, we will link their Venmo by way of phone number through DYME.
DYME does not carry or hold any personal banking information.
When a player taps the “Cash Out” button, those funds are sent to that account's Venmo.
In-app purchases within the app will be made through Apple Pay.
Revenue earnings are kept in real time. When a player earns through tips, hosted a lobby, paid messages or gets the pooled team subscription revenue, the live earnings will be seen on the player dashboard.
Although earnings can be seen, earnings can only be deposited every 45 days.
As time progresses, this (45) date will shorten and eventually be real-time.
If a subscriber successfully seeks a refund or chargeback in respect of a subscribers Payment, we may investigate and may decide to deduct from your account an amount equal to the athlete and team Earnings earned by you on the charged-back or refunded amount.
PLAYER FINANCES AND TAXES
DYME is not responsible for reporting your earnings to the IRS or any tax compliance governing agency.
CIRCUMSTANCES IN WHICH WE MAY WITHHOLD ATHLETE AND TEAM EARNINGS:
We may withhold all or any part of the athlete and team Earnings due to you but not yet paid out:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
if we suspect that all or any part of the athlete and team Earnings result from unlawful activity, either by you or by the subscribers who made the subscribers Payment resulting in the athlete and team Earnings, for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the athlete and team Earnings result from unlawful activity, we may notify you that you have forfeited your athlete and team Earnings.
We shall not have any responsibility to you if we withhold or forfeit any of your athlete and team Earnings where we have a right to do so under these Terms of Use for athletes and teams.
If we are withholding all or any part of the athlete and team Earnings due to you and we determine that part of the athlete and team Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful activity, then we may pay to you the part of the athlete and team Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all athlete and team Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
If once we have finished our investigation we determine that athlete and team Earnings are forfeited, we will use our best efforts to return any subscribers Payments which resulted in forfeited athlete and team Earnings to the relevant subscribers who paid such subscribers Payments.
If you don't meet your team minimum content standard. You are subject to be suspended or removed from a team page.
DYME has the authority to remove a team for lack of activity or low quality content.
For players to continually earn within their “team”, they must actively be on the team roster. Being active includes participating in team-activities. Players can be removed from the roster for the following:
University graduation
Becoming a professional player
Academic probation
Transferring institutions
Suspension from the team or university
MINIMUM CONTENT STANDARD
Every player that opts in, must post a minimum of 1 piece of video content a month (subject to change dependent on the team standard.)
You can only be tipped for content that is performed.
ELIGIBILITY
DYME will work in best efforts to ensure players are responsible, make thoughtful decisions and keep compliance.
Compliance is following the Terms of Use, posting the content minimum, filing taxes and following state and federal NIL laws.
DYME is not responsible for compliance and player eligibility.
TEAM AND PLAYER ACCOUNT
We shall not have any responsibility to you if we withhold or forfeit any of your athlete and team Earnings where we have a right to do so under these Terms of Use for athletes and teams.
Every athlete and team is the owner of their own account and must have access to their account at all times. If you have an agent or agency which assists you with the operation of your athlete and team account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not your agent or agency, and you will be legally responsible for ensuring that all content posted and all use of your account complies with the Terms of Service.
Content – In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the content posted, displayed, uploaded or published by you as a athlete and team on DYME:
Your content is not confidential, and you authorize your subscribers to access and view your content on DYME for their own lawful and personal use, and in accordance with any licenses that you grant to your subscribers.
You warrant (which means that you make a legally enforceable promise to us) that for each item of content which you post, display, upload or publish on DYME:
The content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
You hold all rights necessary to license and deal in your content on DYME, including in each territory where you have users and in the United States;
You either own your content (and all intellectual property rights in it) or have a valid license to offer and supply your content to your subscribers;
if your content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your content and for the subsequent use and exploitation of that content on DYME; and
The content is:
Of satisfactory quality, taking account of any description of the content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the content on your account or in any advertising;
Reasonably suitable for any purpose which the subscribers have made known to you is the purpose for which the subscribers are using the content; and as described by you.
You agree that you will be liable to us and indemnify us if any of the warranties are untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
We are not responsible for any content posted by you or any other User of DYME. We do not have any obligation to monitor any content and have no direct control over what your content may comprise.
You also agree to act as custodian of records for the content that you upload to DYME.
CO-AUTHORED CONTENT:
If you upload content to your athlete and team account which shows anyone else other than or in addition to you (even if that person cannot be identified from the content) ("Co-Authored content"), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored content uploaded to your account:
is a athlete and team on DYME;
has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored content; and
has consented to the Co-Authored content in which he or she appears being posted on DYME.
In addition to the confirmations listed above, you agree that if you upload Co-Authored content where the other person or people appearing in the content can be identified from the content, you will tag the DYME account(s) of any person or people appearing in the Co-Authored content who can be identified from it.
You must not upload any content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also an athlete and team on DYME; or unless you have expressed permission.
If any Co-Authored content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the content which are sufficient to permit such content to be uploaded to and made available on DYME.
You agree that we will only pay out athlete and team earnings to the account of the athlete and team to which the Co-Authored content is uploaded. The athlete and team who uploaded the Co-Authored content is solely responsible for dividing and distributing any revenue generated from the Co-Authored content between the athletes and teams shown in such Co-Authored content. Any such revenue-sharing agreement shall be an independent, private agreement between athletes and teams, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any athlete and team earnings earned on any Co-Authored content in which you appear but which is posted on another athlete and team’s account. If you post Co-Authored content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored content, restrict your rights and permissions to post as a athlete and team, terminate your account, and/or withhold all or any portion of athlete and team earnings earned but not yet paid out to you.
You agree to release us from and not to make any claims against us arising from Co-Authored content. You agree that all claims arising from Co-Authored content shall be made against the athlete and team(s) who posted Co-Authored content or appeared in the Co-Authored content (as applicable).
INDEMNIFICATION:
DYME agrees to defend, indemnify, and hold harmless Teams and/or Athletes, and its directors, officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorney’s fees, resulting from or arising out of: (i) the Services provided under this Agreement actually or allegedly infringing or violating any patents, copyrights, trade secrets, licenses, or other intellectual property rights of a third-party; or (ii) any breach of DYME’s representations and warranties in this Agreement.
Teams and/or Athletes agree to defend, indemnify, and hold harmless DYME, DYME Affiliates, and each of their respective directors, officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorneys fees, resulting from or arising out of: (i) any breach of Teams and/or Athlete’s representations and warranties in this Agreement; or (ii) Teams and/or Athlete’s failure to comply with Teams and/or Athlete’s obligations under any and all laws, rules or regulations applicable to Teams and/or Athlete’s under this Agreement, except to the extent such violation arises out of DYME’s failure to comply with DYME’s obligations hereunder.
A party seeking indemnification (the “Indemnified Party”) shall promptly notify the other party (the “Indemnifying Party”) in writing of any claim for indemnification, provided, that failure to give such notice shall not relieve the Indemnifying Party of any liability hereunder (except to the extent the Indemnifying Party has suffered actual material prejudice by such failure). The Indemnified Party shall tender sole defense and control of such claim to the Indemnifying Party. The Indemnified Party shall, if requested by the Indemnifying Party, give reasonable assistance to the Indemnifying Party in defense of any claim. The Indemnifying Party shall reimburse the Indemnified Party for any reasonable legal expenses directly incurred from providing such assistance as such expenses are incurred. The Indemnifying Party shall have the right to consent to the entry of judgment with respect to, or otherwise settle, an indemnified claim only with the prior written consent of the Indemnified Party, which consent shall not be unreasonably withheld; provided, however, that the Indemnified Party may withhold its consent if any such judgment or settlement imposes an unreimbursed monetary or continuing non-monetary obligation on such Party or does not include an unconditional release of that Party and its Affiliates from all liability in respect of claims that are the subject matter of the indemnified claim.
TERMS OF USE FOR SUBSCRIBERS
OVERVIEW: These Terms of Use for subscribers are additional terms which apply if you use DYME as a user (also referred to as "you" and "your" in these Terms of Use for subscribers). These Terms of Use for subscribers form part of your agreement with us.
Interpretation: In these Terms of Use for subscribers, defined terms have the same meanings given to them in the Terms of Use For All Users. In addition:
"Subscription" means a user's monthly subscription to a team’s page and the content and engagements that come with the platform.
“Subscriber” a paying patron that pays for access to athlete channels in forms of digital media content, lobbies, messaging, tips and all other forms of player interaction.
Other terms which will apply to your use of DYME: The following terms will also apply to your use of DYME and you agree to them:
Our Terms of Use for all Subscribers;
Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
Our Acceptable Use Policy– which tells you what you can and can't do on DYME;
Our Complaints – which sets out the procedure for making a complaint about any aspect of DYME, and how we will deal with that complaint; and
The Standard Contract Between User and Team and Player – which does not form part of your agreement with us, but applies to each transaction you enter into with any team and player and sets out the terms on which you will contract with team and players.
Other terms which may apply to your use of DYME: The following additional terms may apply to your use of DYME:
If you are also a team and player, the Terms of Use for Teams and Players will apply to your use of DYME as a team and player;
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
you are at least 13 years old.
you are not barred from accessing DYME under any laws which apply to you.
Content: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a user on DYME:
You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on DYME:
the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on DYME.
You agree that you will be liable to us and indemnify us if any of the warranties are untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of DYME. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
Subscriptions and purchases by subscribers: This section describes the terms which apply to transactions and interactions between subscribers and team and players:
All transactions and interactions facilitated by DYME are contracts between subscribers and team and players on the terms of the Standard Contract Between User and Team and Player. Although we facilitate transactions and interactions between subscribers and team and players by providing the DYME platform, storing Content, lobbies, messaging and acting as a payment intermediary, we are not a party to the Standard Contract Between User and Team and Player or any other contract which may exist between a user and team and player, and are not responsible for any transactions or interactions between subscribers and team and players.
Team and players are solely responsible for determining (within the parameters for pricing on DYME) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices appear in USD only.
To view a team and player's Content and/or utilize the user interaction function on DYME, you must first pay to access the content through apple pay or in-app credit. Then click the 'Subscribe' button on the relevant team’s home page to access DYME content.
You authorize us to supply your payment details to a third-party payment provider for the purpose of processing your user Payment. All user Payments will be charged in USD. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank.
If you choose to provide details of two or more payment methods, then if you try to make a user Payment from the first and if it is rejected for any reason, then the other payment card will be used to collect the full user Payment.
The payment provider will take (i) monthly payments from your source of payment for user Payments which are Subscriptions; and (ii) immediate payments from your payment source for ad hoc user Payments such as use of the user interaction function on a team and player's account or paying a “tip”, “buying a lobby ticket” or a “message” to the team and player. You authorize and consent to each of these payments being debited using your supplied payment method details.
Apart from free-trial Subscriptions, all Subscriptions to a team and player's profile will automatically renew at the end of the monthly subscription period, except if your source of payment was declined or the subscription price has increased. This means that if you want to stop subscribing to a team and player's profile and paying continuing monthly subscription charges, you will need to turn off the subscription auto-renew.
You agree that you will not make unjustified requests for a refund from any team and player which you follow, or unjustified chargeback requests of your payment provider in relation to any transaction between you and a team and player. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
In-app purchases
Purchases made within the app are done so through in-app purchases.
Once a purchase has been made, it is final
If you buy a lobby ticket and you miss the lobby time, there is no refund.
If the player ends a lobby early, there is no refund.
If you purchase a lobby ticket and the player does not host the lobby, email us at info@dyme.tv for a potential refund.
Whether it be a subscription, message, tip or lobby purchase, there will not be any refunds for lack of satisfaction.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any user Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
INDEMNIFICATION:
Subscriber agrees to defend, indemnify, and hold harmless DYME, DYME Affiliates, and each of their respective directors, officers, employees, and agents from and against any and all third-party claims, demands, and liabilities, including reasonable attorneys fees, resulting from or arising out of: (i) any breach of Subscriber’s representations and warranties in this Agreement; or (ii) Subscriber’s failure to comply with Subscriber’s obligations under any and all laws, rules or regulations applicable to Subscriber under this Agreement, except to the extent such violation arises out of DYME’s failure to comply with DYME’s obligations hereunder.
A party seeking indemnification (the “Indemnified Party”) shall promptly notify the other party (the “Indemnifying Party”) in writing of any claim for indemnification, provided, that failure to give such notice shall not relieve the Indemnifying Party of any liability hereunder (except to the extent the Indemnifying Party has suffered actual material prejudice by such failure). The Indemnified Party shall tender sole defense and control of such claim to the Indemnifying Party. The Indemnified Party shall, if requested by the Indemnifying Party, give reasonable assistance to the Indemnifying Party in defense of any claim. The Indemnifying Party shall reimburse the Indemnified Party for any reasonable legal expenses directly incurred from providing such assistance as such expenses are incurred. The Indemnifying Party shall have the right to consent to the entry of judgment with respect to, or otherwise settle, an indemnified claim only with the prior written consent of the Indemnified Party, which consent shall not be unreasonably withheld; provided, however, that the Indemnified Party may withhold its consent if any such judgment or settlement imposes an unreimbursed monetary or continuing non-monetary obligation on such Party or does not include an unconditional release of that Party and its Affiliates from all liability in respect of claims that are the subject matter of the indemnified claim.
COMPLAINTS POLICY
Introduction: This document set out our complaints policy. If you are a User of DYME, this Complaints Policy forms part of your agreement with us.
Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for All Users.
Who can use this Complaints Policy? Whether or not you are a User of DYME, you can use this Complaints Policy to alert us to any complaint which you have relating to DYME.
How to make a complaint: If you have a complaint about DYME (including any complaint about Content appearing on DYME or the conduct of a User), please send your complaint to “message DYME” within the app that includes your name, address, contact details, a description of your complaint and, if your complaint relates to Content, to which your complaint relates. If you are unable to contact us by message, please email to us at the following address: info@dyme.tv
How we will deal with your complaint: Following receipt of your complaint:
we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
if we require further information or documents from you, we will contact you to let you know;
we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on DYME and we are satisfied that the Content is unlawful or otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content.
We are not obligated to inform you of the outcome of your complaint.
Unjustified or abusive complaints: If you are a User of DYME, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.