TERMS OF USE OF THE DREIDEL WEBSITE

Introduction

Hello! And welcome to www.thedreidel.com (“The Dreidel” or “the Site”).  Please take a moment to read these website Terms of Use carefully.  These Terms of Use govern your access to and use of this The Dreidel website. The website is available for your use on the condition that you agree to the terms explained below.  This is a binding agreement.  Please note, If you are under age 13, you may not, under any circumstances or for any reason, use the Services.

If you do not agree with the terms of this Terms of Use or our Privacy Notice, then you should immediately exit this website without providing us with any of your personal information and discontinue use of the site.

We may amend these Terms of Use from time to time in our sole discretion. We will post a notice on the website any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the website and cease all use of the website.

This Website is Intended for Users 13+.

The Dreidel is not intended for users under the age of 13.  Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required; any information submitted by such users will not knowingly be used, posted, or retained. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please email us at support@thedreidel.com to let us know.

Privacy Policy.

The Dreidel respects your privacy.  Our privacy policy governs the use of information collected from or provided by you at the website. A complete statement of our current Privacy Notice can be found at: https://thedreidel.com/privacynotice.

Community Rules.

1) Don’t spam.  Please do not post any graphics, text, photographs, images, video, audio or other material that constitutes junk mail or spam.  Please do not repeat the same posting multiple times in a day or week.

2) Don’t be obscene.  You agree not to use any obscene, indecent, or offensive language or to post any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. Please refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks.  Don’t use any sexually explicit language or post any graphics, text, photographs, images, video, audio or other material that is sexually explicit.

3) Don’t infringe on anyone’s copyright.  You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the Website, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.

4) Don’t engage in criminal behavior.  You may not post any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking).  You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

Editing.

The Dreidel reserves the right, but assumes no duty, to review, edit, move or delete any material contributed to the network, provided for display or placed on the Website or its bulletin boards, in its sole discretion, without notice.

Your Account.

The Dreidel may require that you register and/or set up an account to use all features of the Site.  In order to do so, you are required to provide a unique username, and choose a strong password.  You may not pretend to be somebody else when registering and/or setting up an account on the Website.  If any of your information changes, you must update it by using the appropriate update mechanism on the Website, if available.

As permitted by law, we may use your contact information to send you information about our Site. You may unsubscribe from these messages through your account, although we reserve the right to contact if we believe it is necessary to do so in connection with the Site, such as for Account recovery purposes.

You are entirely responsible for maintaining the confidentiality of your password.  You may not use the account, username, or password of someone else at any time.  You agree to notify us immediately of any unauthorized use of your account, user name, or password.  We are not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.  You may be held liable for any losses incurred by The Dreidel and representatives due to someone else’s use of your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account information), you should update your records promptly on our Site.

User Created Content.

By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the website, you are granting The Dreidel, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of The Dreidel, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.  You will not be compensated for any User Content. You agree that The Dreidel may publish or otherwise disclose your name in connection with your User Content.  By posting User Content on the website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.  We reserve the right to retain User Content after you unsubscribe, cancel your account or profile, or request that personal information be deleted from The Dreidel’s database in any manner which complies with The Dreidel’s Privacy Policy, available at www.thedreidel.com/privacynotice.

Compliance with Intellectual Property Laws.

The Site may contain content specifically provided by us, our partners or our users and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any content accessed through the Site. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Site are trademarks of The Dreidel and its third party partners. Nothing contained on the Site shall be construed as granting by implication or otherwise, any license or right to use any Trademark without the written permission. You should assume that everything you see or read on the website is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except with the permission of The Dreidel.

Subject to these Terms, we grant each user a non-exclusive, revocable, and non-transferable license to view, print, download, and display content, to the extent we hold such rights, solely for purposes of using the Site. Use, reproduction, modification, distribution or storage of any content for other than purposes of using the Site is expressly prohibited without prior written permission. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right.

Alleged Violations.

To ensure that The Dreidel provides a high quality experience for you and for other users of the website, you agree that The Dreidel or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the website. The Dreidel does not intend to disclose the existence or occurrence of such an investigation unless required by law, but The Dreidel reserves the right to terminate your account or your access to the website immediately, with or without notice to you, and without liability to you, if The Dreidel believes that you have violated any of the Terms of Use, furnished The Dreidel with false or misleading information, or interfered with use of the website by others.

Disclaimer.

The Dreidel provides its Website to you on an “as is” and “as available” basis. The Dreidel cannot guarantee that the website or its content is error free and makes no representations about the technical accuracy or functionality of the website or that the Content is accurate, error free or up to date.  The Dreidel makes no representations – your use the site is at your sole risk.  We do not warrant that any information provided is accurate, reliable, up-to-date or correct, or that the Website will be available at any particular time or in any particular location.  We also do not guarantee that the Website is free from viruses or other harmful components.

The Dreidel and its affiliates, shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your use of the Website, the sale or purchase of any goods or merchandise, your access to or inability to access the website, including for viruses alleged to have been obtained from the website, your use of or reliance on the website or any of the merchandise, information or materials available on the website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states (including, but not limited to: Alabama, Arizona, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Vermont, Washington, West Virginia, and the District of Columbia), may not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you.  You may also have other rights that vary from state to state.

You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this site.  If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.

Linked Sites.

This website may link to or be linked from other websites that are not maintained by, or related to, The Dreidel. The Dreidel does not endorse, and is not responsible for, the content of any of those third-party websites.  You acknowledge that The Dreidel has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.

Prohibited Uses.

The Dreidel imposes certain restrictions on your permissible use of the website. You are prohibited from violating or attempting to violate any security features of the website, including, without limitation:

(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

(b) attempting to probe, scan, or test the vulnerability of the website, or any associated system or network, or to breach security or authentication measures without proper authorization;

(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

(d) using the website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the website; or

(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by The Dreidel in providing the website.

Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity.

You agree to indemnify, defend, and hold harmless The Dreidel, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Dreidel will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Governing Law.

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, United States of America in all disputes arising out of or related to the use of the website.

International Use.

The website is controlled and operated from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this website outside the United States do so on their own initiative and are responsible for compliance with local laws.

Termination.

We may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site or by contacting us at support@thedreidel.com. All provisions of this Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of user content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Thank you for visiting our website! Please contact us at support@thedreidel.com if you have any questions.

Last Updated: February 19, 2018