Terms of Service

1Eligibility & acceptance

You must be at least 13 years old to use the Service, and old enough to do so under the laws of the place where you live. If you're under the age of majority where you live, you may use the Service only with the involvement and agreement of a parent or legal guardian, who agrees to these Terms on your behalf. By using the Service, you represent that you meet these requirements.

If you use the Service on behalf of an organization, you represent that you're authorized to accept these Terms for it.

2The Service

Dice is a social photo game that draws on your camera roll and lets you share and interact with friends. The Service is evolving, and features may be added, changed, limited, or removed at any time.

Beta / pre-release. Dice is currently offered as a beta or pre-release product. It may contain errors, may be unstable, and may change or be discontinued without notice. It's provided for evaluation, and you shouldn't rely on it for anything critical or assume any content will be preserved.

3Your account

To use most features you'll need an account. You agree to provide accurate information, to keep it up to date, and to keep your account credentials and device secure. You're responsible for activity that happens through your account. Accounts are for a single person and aren't transferable. Let us know promptly if you believe your account has been compromised.

Text messages. If you give us your phone number, you agree that Dice may send you SMS text messages related to your account and its activity — for example, notifications when app (push) notifications are off — using automated technology. Consent to these texts isn't a condition of using Dice. Message and data rates may apply and frequency varies. You can opt out anytime in the app's settings or by replying STOP to any message; see our Privacy Policy for details.

4Your content

"Your Content" means the photos, videos, messages, comments, and other material you create, upload, or share through the Service. You keep whatever ownership rights you already have in Your Content.

To operate the Service, you grant Marble Media a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, and distribute Your Content in connection with operating, developing, providing, promoting, and improving the Service and future products and features. This license continues for the content you've shared until it's deleted from our systems and backups in the ordinary course, and after that only as needed for the purposes above (for example, where you've shared content with others who still have it, or where we must keep it for legal reasons).

You represent that you have the rights necessary to share Your Content and to grant this license, and that Your Content and our use of it won't violate the law or anyone else's rights. We're not obligated to store or back up Your Content, and we may remove content at our discretion.

5Acceptable use

You agree not to use the Service to:

• Break the law or infringe anyone's rights, including intellectual property or privacy rights;
• Post or share content that is unlawful, harassing, hateful, threatening, defamatory, sexually exploitative, or that harms or endangers others — especially minors;
• Impersonate any person or misrepresent your affiliation with anyone;
• Spam, or send unsolicited or bulk messages or invitations;
• Upload malware, or interfere with or disrupt the Service or its security;
• Access the Service through unauthorized means, scrape or harvest data, or reverse-engineer, decompile, or attempt to extract source code, except where the law doesn't allow us to prohibit it;
• Circumvent limits, quotas, or protections, or misuse rewards, purchases, or referrals;
• Use the Service in any way that could damage, disable, or overburden it, or that we reasonably consider abusive.

We may review, moderate, remove, or restrict content or accounts, and we may investigate and take appropriate action against violations — but we're not obligated to monitor content, and we aren't responsible for content shared by users.

6Purchases, subscriptions & rewards

The Service may offer paid items, such as consumable in-app purchases and subscriptions. Purchases are processed by the app store through which you obtained the app, and are subject to that store's terms. Prices and offerings may change.

Subscriptions & auto-renewal

Subscriptions automatically renew for successive periods at the then-current price until you cancel. Your subscription is charged to your app-store account, and it renews unless you turn off auto-renewal at least 24 hours before the end of the current period. You manage and cancel subscriptions through your app-store account settings. Except where required by law or the app store's policies, payments are non-refundable and there are no refunds or credits for partial periods.

Virtual items & rewards

The Service may include virtual items, credits, or rewards — such as rolls or re-rolls (together, "Virtual Items"). Virtual Items are licensed to you for use within the Service; they are not your property, have no monetary value, cannot be redeemed for cash, and can't be sold, transferred, or exchanged outside the Service. We may create, change, regulate, remove, or revoke Virtual Items at any time, and we have no liability for doing so. Virtual Items may expire and are forfeited if your account is terminated.

7Referrals

We may offer programs that reward you for inviting others to Dice. Rewards are subject to any rules we post, are provided at our discretion, and may not be combined, sold, or transferred. Rewards are Virtual Items and have no cash value. We may change, suspend, or end any referral program, and we may withhold or revoke rewards we believe were obtained through abuse, fraud, or in violation of these Terms.

8Advertising & third-party services

The Service may include advertising and links to or integrations with third-party products and services. Third-party services are governed by their own terms and privacy policies, and we're not responsible for them. Your dealings with advertisers or third parties are solely between you and them.

9App Store terms

If you obtained the app through the Apple App Store, the following applies. These Terms are between you and Marble Media only, not with Apple, and Apple isn't responsible for the app or its content. Your use of the app must comply with the App Store Terms of Service, and the standard Apple Licensed Application End User License Agreement applies to the extent it isn't superseded by these Terms.

Apple has no obligation to provide maintenance or support for the app. To the maximum extent permitted by law, Apple has no warranty obligation for the app, and any claims of non-conformance to warranty are our responsibility, not Apple's. Apple isn't responsible for addressing any claims relating to the app, including product-liability, legal or regulatory, or intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you aren't located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you aren't on any U.S. Government list of prohibited or restricted parties.

10Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARBLE MEDIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT WILL BE PRESERVED. YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DON'T ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARBLE MEDIA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DON'T ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12Indemnification

You agree to indemnify and hold harmless Marble Media and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, Your Content, your violation of these Terms, or your violation of any law or the rights of any third party.

13Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, including if we believe you've violated these Terms or to protect the Service or its users. Provisions that by their nature should survive termination — including content licenses you've granted, disclaimers, limitations of liability, indemnification, and dispute-resolution terms — will survive.

14Governing law & disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, you agree to the exclusive jurisdiction of the state and federal courts located in Delaware for any disputes not subject to arbitration.

Informal resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at willem@daze.nyc. We'll try to resolve it with you for at least 30 days before either of us starts a formal proceeding.

Arbitration & class-action waiver

To the extent permitted by law, any dispute that isn't resolved informally will be resolved by binding individual arbitration rather than in court, except that either party may bring qualifying claims in small-claims court. You and Marble Media agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding. If this class-action waiver is found unenforceable, the rest of this section won't apply to that dispute. Nothing here prevents either party from seeking injunctive relief in court for intellectual-property or unauthorized-use matters. This section doesn't apply where prohibited by law.

15Changes to these Terms

We may update these Terms from time to time. When we make material changes, we'll update the "Last updated" date above and, where appropriate, provide additional notice in the app or on this site. Your continued use of the Service after an update means you accept the revised Terms.

16Contact us

Dice is operated by Marble Media. If you have questions about these Terms, contact us at willem@daze.nyc.