Dancing with the Trickster Terms of Service
Last Updated: January 30, 2020
This Dancing with the Trickster Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Dancing with the Trickster, Inc. (“DWT,” “we,” “us,” or “our”) and you, our customer / participant (“you” or “your”). This Agreement governs your use of Dancing with the Trickster.com and our Dancing with the Trickster sharing services through our owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”).
By creating an account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
Registration: You may create an account to use certain features we offer (e.g., uploading stories). To do so, you must provide an email address. By creating an account, you agree to receive notices from DWT at this email address.
Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile. If you are a government entity in the U.S., our rules apply. Contact us for further details.
Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Team Members: Certain subscription plans may allow you to grant other registered users (“team members”) access to the account. Both you and each team member is deemed a party to this Agreement. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
3. Acceptable Use Policy
We may allow you to upload, live stream, submit, or publish (collectively, to “submit“) content such as videos, recordings, images, and text (collectively, “content“). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 3. DWT may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. DWT may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
3.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send DWT a takedown notice as stated in our Copyright Policy if they believe DWT is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
3.2 Content Restrictions
You may not submit any content that:
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Promotes or supports terror or hate groups;
- Exploits minors;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- Makes false or misleading claims about vaccination safety;
- Claims that mass tragedies are hoaxes or false flag operations;
- Depicts or encourages self-harm; or
- Violates any applicable law.
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
3.3 Code of Conduct
In using our Services, you may not:
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Embed our video player on or provide links to sites that contain content prohibited by Section 3.2; or
- Cause or encourage others to do any of the above.
3.4 Prohibited Technical Measures
You will not:
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
3.5 Restricted Users
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
3.6 Accessibility and Ratings
If required by applicable law, you must provide closed captioning in your videos through your chosen system of posting.
We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.
4. Licenses Granted by You
As between you and DWT, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow DWT to host and stream your content, you grant DWT the permissions set forth below.
4.1 Your Video Content
By submitting a video, you grant DWT permission to:
- Stream the video to end users;
- Embed the video on third-party websites;
- Distribute the video via our APIs;
- Make the video available for download;
- Transcode the video (create compressed versions of your video file that are optimized for streaming); and
- Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).
If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section 4.1, your video includes its title, description, tags, and other metadata. The license period begins when you submit the video to DWT and ends when you or DWT delete it; provided that DWT may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when DWT in good faith believes that it is legally obligated to do so.
4.2 DWT Created Content
You may submit certain content to us for the purpose of DWT creating a video.
4.3 Account Profile
You grant DWT permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. DWT shall have the right to identify public profiles in its marketing and investor materials.
4.4 Other Content; Feedback
Content that is not covered by the licenses set forth in Sections 4.1, 4.2, or 4.3 shall be governed by this Section 4.4 (e.g., text you submit in comments). You grant DWT a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to DWT on improving our products or services, DWT may use your suggestions without any compensation to you.
4.5 Scope of Licenses
All licenses granted by you in this Section 4: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to DWT; rather, any breach of a term by DWT hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
5. Your Obligations
5.1 Representations and Warranties
For each piece of content that you submit to or through DWT, you represent and warrant that:
- You have the right to submit the content to DWT and grant the licenses herein;
- DWT will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
- You have obtained appropriate releases (if necessary) from all persons who appear in the content;
- The content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless DWT and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
6. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. With respect to Basic (free) memberships, DWT may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, DWT may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If DWT deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Disputes, Arbitration, and Choice of Law), and Section 12 (General Provisions).
DWT PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, DWT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, DWT makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- Concerning any content submitted by or actions of our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
8. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) DWT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF DWT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) DWT’S TOTAL LIABILITY TO YOU, EXCEPT FOR DWT’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO DWT OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
9. Disputes, Arbitration, and Choice of Law
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
9.1 Choice of Law
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of California State and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The arbitration agreement set forth will be governed by the Federal Arbitration Act.
9.2 Choice of Venue for Litigation; Jury Trial Waiver
Except for matters that must be arbitrated (as set forth below), you and DWT agree that any action relating to this Agreement or your use of our Services must be commenced in the state or federal courts located in San Francisco County, California State, United States of America; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, DWT AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
9.3 Arbitration of Privacy Claims; Class Action Waiver
The exclusive means of resolving any Covered Privacy Claim (defined below) shall be BINDING ARBITRATION. The arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, as modified by our Arbitration Procedures. If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in San Francisco County, California State, United States of America. EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED PRIVACY CLAIM.
Overview: Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and DWT are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing. The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Small Claims Court Exception: Notwithstanding the above, each party has the right to bring an individual Covered Privacy Claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Minimum Consumer Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
10. General Provisions
Reservation of Rights, Severability, Force Majeure: DWT reserves all rights not expressly granted herein. DWT’s rights and remedies are cumulative. No failure or delay by DWT in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. DWT will not be liable for any delay or failure caused by a force majeure event.
Relationship: You and DWT are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by DWT or who is prohibited from registering; any such assignment will be void.
Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not DWT, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of DWT. If you have a signed agreement with DWT, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
Notices: You must send any notices of a legal nature to us by email or at:
Dancing with Trickster
San Francisco, California
Last Updated: January 20, 2020
Who we are and what we do
Acceptance and Changes
2. Children’s Privacy
We do not knowingly collect personal information from individuals who are under the minimum required ages specified herein. You must be at least 16 years old or the age of majority in your jurisdiction, whichever is greater, to use our services. Individuals under the applicable age may use our services only through a parent or legal guardian’s account and with their involvement. If you are a parent or legal guardian who believes your child has provided personal information to DWT without your consent, you may ask us to delete such information by contacting us at [email protected].
3. Data We Collect About You
We collect information about you when you use our services. In addition, third parties may collect information about you when you use our services. Collected information may include or reflect personal information that could identify you, as well as non-personal information. We refer to your information as “your data” for short.
To create an account, you must provide a valid email address and password. If you choose to sign-up and/or authenticate using a third-party account (e.g., Facebook, Google), you authorize us to obtain account information from the third-party platform.
To make a purchase, you may need to provide a valid payment method (e.g., credit card or PayPal account). Your payment information will be collected and processed by our authorized payment vendors. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. If we allow purchase through a third-party platform (i.e. in-app purchase), the payment method stored with the third-party platform will be charged.
If you wish to sell items or earn money from advertising through our services, you must provide an account to receive funds and tax information, which may include your name, address, and taxpayer identification number.
Accountholders may create a profile and upload content such as videos, text, photographs, and artwork. Your profile may display information about you and your activities. This information may be accessed by others. Your videos may be viewed and otherwise accessed by others, and associated metadata (e.g., titles, descriptions, tags, etc.) are viewable by others. Your interactions with other users (e.g., comments, “likes,” private messages) may be seen by others. You may choose to limit the availability of your profile and videos. For more details, see Section 9.
We do not collect, use, or store any facial-related information for the purpose of recognizing faces.
Other Information You May Submit
You may submit data to us for limited purposes such as requesting customer support; answering a questionnaire; participating in a study; entering contests or sweepstakes; or signing up to receive communications from us or another user.
We automatically collect certain types of data when you use our services, regardless of whether you have an account. This data includes your IP address, technical information about your device (e.g., browser type, operating system, basic device information), the web page you visited or search query you entered before reaching us, and your activities. We may track your activities using cookies and similar technologies.
Information Collected by Third Parties
Some third parties may collect data about you when you use our services. This may include data you submit (such as payment information) or automatically-collected information (in the case of third-party analytics providers and advertising partners).
We may obtain data from third parties about you. We may combine that data with information that we have collected. For example, some advertisers or advertising platforms may allow us to determine what other online services you might use so that we may place relevant ads on those services.
4. How We Use Your Data
We may use your data for the following purposes:
- Identification and authentication: We use your data to verify you when you access your account.
- Operating our services: We use your data to provide our services, process and fulfill orders, provide customer support, and to otherwise comply with our contractual obligations to you.
- Communicating with you: We use your data when we communicate with you (e.g., when we respond to a customer support or other inquiry).
- Improving our services: We use your data to understand how our services are being used and how we can improve them. In general, we analyze aggregated data, rather than specific user data. We may, however, need to analyze a specific case to address a specific problem (e.g., a bug that affects only a few accounts).
- Customizing your experience: We use your data to personalize the service to you. This may include remembering your preferences for language or volume or displaying videos that you might enjoy, based upon your viewing choices.
- Marketing and advertising: We use your data to show you ads on third-party sites. We may also use your data in delivering third-party advertisements to you. This may include “targeted ads” based upon your activities.
- Exercising our rights: Where reasonably necessary, we use your data to exercise our legal rights and prevent abuse of our service. For example, we may use your data to detect and prevent fraud, spam, or content that violates our Terms of Service.
- Legal compliance: We use your data where we are legally required to do so. For example, we may need to gather your data to respond to a subpoena or court order.
- Protecting your information: Where appropriate, we may anonymize, backup, and delete certain data.
We may use algorithms and other automated means to implement any of the above.
Whenever we process your data for one of these purposes, we have determined that one or more of the following lawful bases apply:
- Performance of a contract;
- Legitimate commercial interest;
- Compliance with a legal obligation; or
If you require further information about the balancing test that DWT has undertaken to justify its reliance on legitimate interest as a lawful basis of processing, see Section 15 for information on how to contact us.
5. With Whom We Share Your Data
We share data with third parties as follows:
- As you instruct: We may make your profile and videos available to others as you instruct in using our services. We may share your data with persons to whom you have granted account-level access.
- With your consent: We may share your data with third parties where we have obtained your express consent to do so.
- Authorized vendors: We may share your data with third-party vendors that help us operate our services, process orders, and comply with your instructions and our contractual obligations. This includes payment processors, content delivery networks (CDNs), cloud-based hosting services, monitoring services, email service providers, quality assurance and testing vendors, fraud and abuse prevention vendors, customer relations management (CRM) vendors, and shipment vendors.
- Certain legal situations: We may share your data where we believe disclosure is necessary to comply with a legal obligation or in connection with a corporate transaction as discussed in Section 6.
- Aggregated or anonymized information: We may publicly disclose non-personal aggregated or anonymized information such as our number of visitors and registered users.
We use reasonable efforts to vet vendors for their privacy and data security practices. We require that such vendors agree to protect the data we share.
6. Legal and Safety-Related Disclosures
We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) (“requests”) that we receive from government authorities or parties to legal proceedings.
We handle U.S. requests in accordance with U.S. law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both U.S. law and local law. In all cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
We may disclose user data where we reasonably believe that someone’s life is at risk. For example, if we become aware of a person threatening to commit suicide, we may share that person’s data with appropriate entities that may have the ability to help.
We may disclose user data to report suspected crimes. We report content suspected of exploiting minors to the National Center for Missing and Exploited Children (NCMEC) along with the data identifying the uploading user.
We may disclose user data in situations involving legal claims against us or one of our users. If you submit a Digital Millennium Copyright Act (DMCA) or other takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant.
7. Data Retention
We retain your data for as long as you have an account. When you close an account, we will delete its content, including its videos. We may retain logs of automatically collected information (for internal analytics and security purposes); your email address; your tax information; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it.
We retain deleted videos on our servers for a short period in case you wish to reverse deletion. Once we delete a video, we may not be able to recover it. If you have previously made a video public, the video or its thumbnail may be discoverable in a search engine’s cache for a time. We have no control over search engines; however, we will, upon request, send a request for deletion to major search engines.
If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.
8. Your Privacy Choices
We enable you to make numerous choices about your data:
- You may choose not to provide us with certain information. For example, you may choose not to create an account or not to provide optional account information.
- You may change your account and video privacy settings. See Section 9 for more details.
- You may change or correct information voluntarily submitted to us. We encourage you to keep your data current by viewing your settings page.
- You may opt out of receiving commercial emails from us. See Section 10 for more details.
- You may backup your videos.
- You may close your account (which will delete all videos) or delete certain videos.
Users in certain jurisdictions may have additional rights. See Section 14 for more details.
9. Account and Video Privacy Settings
As part of our services we offer you the ability to limit the distribution of your content, including your videos. This section explains some of your choices.
Some of our online subscription plans enable you to “hide” your profile or otherwise make it inaccessible on our website. Your profile will, however, remain accessible to persons who have access to your account or content.
Some of our subscription plans enable you to grant account-level access rights to others. Persons with such access (“Team Members“) may be able to see and potentially alter your data. You may revoke or downgrade Team Member access at any time.
If you provide a link to your posted video, the privacy settings for that video will be controlled by the hosting service. Please refer to their policy for control or change.
If we host your video, we manage the privacy settings of your videos. Your options, which depend on your submitted requests, may include:
- Public (or “anyone”): Your video will be publicly-available.
- Just you (i.e., “only me”): Your video will be available to you and authorized Team Members.
- Password-protected: Your video may be accessed by anyone who enters the password we have set.
- Private link: Your video may be accessed by anyone who enters the link assigned to it.
You may request a change these settings at any time. Changes will be applied on a go-forward basis. Regardless of your profile or video privacy requests, DWT reserves the right to inspect them for compliance with its Terms of Service, to provide customer support, or to address technical issues.
10. Communications from Us
If you create an account, you may receive commercial emails from us. This includes newsletters and offers. You may always opt out from receiving commercial messages in your account settings. Please note that any opt-out request may take several days to process and you will continue to receive transactional emails from us (e.g., emails confirming transactions and/or providing information about your account).
Mobile Device Communications
We may, with your consent, send push notifications in our apps. You may disable these by declining them or changing the app’s settings. To the extent provided, we may, with your consent, send SMS messages to your mobile telephone for authentication and security purposes. You may opt out of receiving such messages at any time.
11. Protecting Your Information
We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.
12. Your Responsibilities
You may receive other people’s data in using our service. If you receive information from other users, you must comply with all laws, including those concerning privacy, data security, and online marketing.
13. Third-Party Services
14. International Data Transfers and Certain User Rights
14.1 Location of Data
DWT is based in the United States. We provide services globally using computer systems, servers, and databases located in the U.S. and other countries. When you use our services from outside of the U.S., your information may be transferred to and processed in the U.S.. Please note that U.S. data and privacy laws may not be as comprehensive as those in your country. Residents of certain countries may be subject to additional protections as set forth in Sections 14.2 and 14.3 below.
14.2 GDPR (EEA Users)
This Section 14.2 applies only to natural persons residing in the European Economic Area (for the purpose of this section only, “you” or “your” shall be limited accordingly). It is DWT’s policy to comply with the EEA’s General Data Protection Regulation (GDPR). In accordance with the GDPR, we may transfer your personal information from your home country to the U.S. (or other countries) based upon the following legal bases:
- Legitimate business interests: We could not provide our services or comply with our legal obligations without transferring your personal information to the U.S.
- Our use of Standard Contractual Clauses (also known as “Model Clauses”) where appropriate.
- Our certification and adherence to the EU-U.S. and Swiss-U.S. Privacy Shield frameworks, as described further below.
You have the right to: opt out of non-essential cookies; access, correct, delete, restrict, or object to our use of your personal information; be forgotten; port your data; and withdraw consents. We enable exercise of these rights primarily through our services (which we reserve the right to modify). For example, we allow users to change their information, download their videos, and close their accounts. We also fulfil our obligations in response to direct requests. We will endeavor to process requests within one month. Please note that we may not be able to comply with requests to the extent that they would cause us to violate any law or infringe any other person’s rights. We reserve the right to request appropriate identification. We will process requests free of charge unless they would impose an unreasonable cost on us.
If you have a request, complaint or inquiry, please contact us by clicking here. We are committed to working with you to obtain a fair resolution of any issue. You also have the right to file a complaint with the supervisory data protection authority of your jurisdiction.
14.3 Privacy Shield (EEA, UK and Swiss Users)
This Section 14.3 applies only to natural persons residing in the European Economic Area, the United Kingdom and Switzerland (for the purpose of this section only, “you” or “your” shall be limited accordingly). DWT complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework (collectively, “Privacy Shield“) as established by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EU, the United Kingdom and/or Switzerland, as applicable, to the U.S.
DWT has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view DWT’s certification, please visit https://www.privacyshield.gov. By making this certification, DWT is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
Where DWT has transferred personal information of EEA, UK or Swiss residents to third parties, DWT shall be liable if those third parties do not process personal information in compliance with the Privacy Shield Principles. This shall not be the case where DWT establishes that it is not responsible for the damage caused by the third party.
In accordance with Privacy Shield Principles, DWT commits to resolve complaints about our collection or use of your personal information. If you have inquiries or complaints regarding our Privacy Shield policy, you should first contact DWT by clicking here. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact our independent recourse mechanism provider, JAMS, at https://www.jamsadr.com/eu-us-privacy-shield, to file a complaint. JAMS’ services are provided at no cost to you.
If you have an unresolved complaint after contacting both DWT and JAMS, you may elect to arbitrate your Privacy Shield claims against DWT pursuant to Annex I of the Privacy Shield Principles, which provides for binding arbitration administered by the American Arbitration Association. Such arbitration will be binding upon you and DWT.
14.4 California Users
Under California’s “Shine the Light” law, California residents have the right to opt out of disclosing information to third parties for the purpose of allowing such third parties to directly market their products and services. At this time, we do not engage in this type of disclosure.
Under the California Consumer Privacy Act (“CCPA”), California consumers have the following rights, which can be exercised directly or in certain cases, through an authorized agent:
- Right to Know. You have the right to request information about the categories and sources of personal information we collect, our purposes for collecting the information, and the types of third parties that receive that information. In addition, you have the right to request a copy of your personal information. You may exercise this right once per 12-month period by submitting your information by clicking here.
- Right to Delete. You have the right to request that we delete some or all of the personal information that we have about you. Deleting all data will typically require the deletion of your account, along with all content, including your videos. Notwithstanding the foregoing, we may retain information to provide services you have ordered, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights. You may exercise your right to delete using this by clicking here.
- Do Not Sell. You have the right to opt out of the sale of your personal information, and to request information about whether we have sold your personal information in the past 12 months. DWT does not sell personal information, and we have not done so in the last year. If we begin to do so, we will update this notice and provide a mechanism to opt out of any such sale.
- Non-Discrimination. We won’t discriminate against you because you exercise any rights herein.
To exercise your rights to know and delete, we must be able to verify your identity as the owner of the DWT account you are inquiring about. We may not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the account. An authorized agent submitting a request on your behalf must also have access to the email address associated with the account, along with sufficient evidence that you have authorized that person to submit the request on your behalf. Although you need not have a DWT account to submit a request, we may not be able to locate certain information to process your request if you don’t have one.
14.5 Nevada Users
Last Updated: January 30, 2020
This DWT Copyright Policy is a part of DWT’s Terms of Service and sets forth the process by which copyright holders and their agents may remove allegedly infringing materials available on one of DWT’s online services.
1. DMCA Policy
DWT respects the intellectual property of others and expects its users to do the same. Each user must ensure that the materials they upload do not infringe any third-party copyright. DWT will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) when properly notified that the materials infringe a third party’s copyright. DWT will also, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
In filing any request, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further. For non-copyright complaints, please see our Trademark Infringement Complaint Form or our Privacy Complaint Form.
2. DMCA Takedown Notices
To request the removal of materials based upon copyright infringement, you must file a notice containing the following:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on DWT’s service the material that you claim is infringing may be found, sufficient for DWT to locate the material (e.g., the URL for the video).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
You may file your notice:
DWT may disclose notices with affected users and third-party databases that collect information about copyright takedown notices.
3. DMCA Counter-Notifications
If you are a DWT user who wishes to challenge the removal of materials caused by a DMCA takedown notice, you must file a counter-notification containing the following:
- Your name, address, and telephone number.
- A description of the material that was removed and the location on DWT’s service where it previously appeared (e.g., the URL of the video).
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which DWT may be found (the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature.You may file your notice:
DWT will forward any complete counter-notification to the person who filed the original DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may restore the challenged materials. Until that time, your materials will remain removed.
4. Repeat Infringers
DWT will terminate user accounts that receive three (3) DMCA strikes. A “DMCA strike” accrues each time that material is removed from a user’s account due to a DMCA notice. We may group multiple DMCA notices received within a short period of time as a single DMCA strike.
We may remove a DMCA strike in appropriate circumstances, such as where (1) the underlying material is ultimately restored due to a DMCA counter-notification; or (2) the claimant withdraws the underlying notice.
We may terminate user accounts that receive fewer than three (3) DMCA strikes in appropriate circumstances, such as where the user has a history of violating or willfully disregarding our Terms of Service.