The following Terms of Service apply for any use of the platform www.darebusters.com (subsequently referred to as „darebusters.com“ or „platform“) of the German darebusters UG (haftungsbeschränkt) & Co. KG (subsequently referred to as „darebusters.com“ or “operator”).
These Terms govern the contractual relationship between the operator and the individual or juristic persons, that use the platform under www.darebusters.com as a registered member (subsequently referred to as „users“).
1. Scope
The following Terms of Service exclusively apply to all usage contracts. Registration to use this platform is deemed acceptance of these Terms of Service. Diverging terms and conditions of business of the users shall be ineffective, unless expressly accepted in writing by darebusters.com. Any conflicting counterclaims by the users with reference to their terms and conditions are hereby rejected.
2. Offering of darebusters.com
1. The platform offers a video community in which users can submit challenges (subsequently referred to as “Dares”) to themselves or all other users or individual users. The Dares take the form of short videos or written descriptions. The user who performs a Dare and documents this with a video uploaded to the platform (subsequently referred to as “Bust Video”), which shows the performance of the Dare or the entertaining attempt at performance by the user (subsequently referred to as “busting”), qualifies for the remuneration calculated according to section 8. Sections 4-9 establish further details as to the performance of individual Dares.
2. darebusters.com herewith expressly excludes all liability for damages arising in the course of recording videos for www.darebusters.com. Users who record videos act entirely at their own risk.
3. Every user may top up his user account with a virtual currency, the so-called “DareDollar”, which will be credited to the user's account and displayed accordingly. These DareDollars may be used by the users to pay for individual Dares (subsequently referred to as “sponsoring”). Sections 4-10 give further details on credits and the particular terms and conditions of payment.
3. Participation in the platform
1. Registration at www.darebusters.com is entirely free of charge. There are no monthly charges, no subscriptions and no other payment obligations. Users decide for themselves whether and how many DareDollars they wish to purchase in order to sponsor Dares of their choice. Registration is by opening of a user account (subsequently referred to as “account”) with acceptance of these Terms of Service. Further details are detailed in section 10 (2).
2. Registration and confirmation by darebusters.com conclude a contract between the operator and the user on the use of the platform (subsequently referred to as “usage contract”).
4. Registration is only permitted to natural persons and legal entities that possess unlimited legal capacity.
5. The data requested by darebusters.com upon registration must be provided accurately and in full.
6. At registration, the user provides a valid e-mail address and chooses a user name and password. The chosen user name must not infringe rights of third parties, in particular trademark rights. The user must keep his password secret and may not disclose it to third parties. If the user notices an unauthorized use of his password or his profile he must notify darebusters.com thereof. darebusters.com will not disclose the password to third parties.
7. Accounts are non-transferable.
8. darebusters.com reserves the right to delete user accounts in case of incomplete registrations after one month.
9. The use of the platform for profit or other commercial purposes is excluded without the appropriate consent of darebusters.com.
4. Submitting a Dare
1. Any user may, subject to these Terms of Service, submit Dares by presenting the challenge in question by means of a short video or text.
2. Dares may be set for (1) oneself, (2) another user or a number of particular users or (3) all users (subsequently referred to as “Community”).
3. For each Dare, a virtual account (“Pot”) will be created, into which the users can sponsor DareDollars from their existing credits.
4. In the case of a Dare set for oneself, the respective user determines a certain amount of DareDollars (subsequently referred to as “Pot size”) for which he would be willing to bust the Dare. He also specifies a time period between one and 14 days which he will require to upload the Bust Video after the specified amount in the Pot has been reached. Section 8 lays down the rules for pay-out.
5. In the case of Dares to another particular user, a number of particular users or to the community no Pot size is specified. The DareDollars paid in will be collected in the Pot and displayed until the time limit (see section 6) expires.
5. Sponsoring Dares
1. darebusters.com undertakes to create a virtual account for each submitted Dare into which the users can sponsor DareDollars from their existing credits.
2. Any user may sponsor any Dare with an open Pot with any amount of DareDollars, but the minimum amount to be sponsored is one DareDollar.
3. The transfer of the DareDollars into a Pot will result in a reduction of the sponsoring user’s credit at darebusters.com by the transferred amount. The user who is entitled, according to section 8, to a credit and/or pay-out from the Pot acquires no direct claim against the sponsoring user by way of the pay-in into the Pot. The process of paying in does not give rise to any other rights or obligations between the individual users.
4. All users who have sponsored a particular Dare will be displayed as sponsors of that Dare.
5. The user who sponsored the largest amount of DareDollars for a busted Dare will be displayed as the main sponsor and may supplement the Bust Video with a photograph or a text of his choice, subject to the provisions in section 12 (“branding”).
6. Time limits for Dares
1. A new Dare set for the user himself will normally expire after seven days. First sponsoring by a user will extend the time period by a further six days, the second sponsoring by five days, the third by four days, the fourth by three days, the fifth by two days, the sixth and all further occurrences by one day each. Calculation example: If a user has sponsored a Dare on the first day the Dare is given a time limit of 13 days (7+6).
2. A new Dare set for another, particular user, for several particular users or for the Community will generally expire after 20 days.
3. A Dare set for oneself or for particular users will, upon expiry, be converted into a Community Dare and the time limit will be extended by a further 20 days in accordance with section 6 (2).
4. A Community Dare will be closed upon expiring, and will no longer be open to being busted. However, the videos and descriptions of Dares will remain accessible in the “Hall of Shame” section of the platform.
7. Busting a Dare
1. The following applies to self-established Dares: If the Pot reaches the amount specified by the user within the time period described in section 6 the user is requested to bust the Dare within the time period specified by him in the course of submitting the Dare. As soon as he does so the Dare will be closed and the rating phase detailed in section 8 will begin. If, for whatever reason, the user does not bust the Dare within the time period specified by him in the course of submitting the Dare the Dare will automatically be converted into a Dare for the Community. The Pot will keep the DareDollars sponsored up to this point and the time period will start anew in accordance with section 6 (3). If the Pot does not reach the specified amount before the expiry of the time limit the Dare will likewise automatically be converted into a Dare for the Community. The Pot will likewise keep the DareDollars sponsored up to this point and the time period will start anew in accordance with section 6 (3).
2. The following applies to Dares set for one or several particular users: Only the users who have been challenged may bust the Dare before the time limit expires, assuming that they are willing to do so given the amount of DareDollars collected in the Pot by this point. Up to expiry of the time limit any challenged user may bust the Dare. It is therefore possible for several users to bust the Dare. If the Dare was busted by one or several of the challenged users before expiry of the time limit the Dare will be closed and the rating phase detailed in section 8 will begin. If none of the challenged users busts the Dare before the expiry of the time period the Dare will automatically be converted into a Dare for the Community. The Pot will keep the DareDollars sponsored up to this point and the time period will start anew in accordance with section 6 (3).
3. The following applies to Dares set for the Community: Any user may bust the Dare before expiry of the time limit as soon as he is willing to do so given the amount of DareDollars collected in the Pot by this point. Up to expiry of the time limit any user may bust the Dare. It is therefore possible for several users to bust the Dare. If the Dare was busted by one or several users upon expiry of the time limit the Dare will be closed and the rating phase detailed in section 8 will begin. If the Dare to the Community is not busted by anyone within the time limit it will expire in accordance with section 6 (4).
8. Rating a Dare and pay-out
1. As soon as they have been uploaded, Bust Videos may be rated by users on a scale from 0 – 10 stars (equivalent to 0 – 100%), according to their personal assessment of the entertainment value of the Bust Video in question. The user who busted a Dare may not rate his own Bust Video. The other users have exactly one vote per Bust Video.
2. The final average rating of a Bust Video determines the amount of credit/pay-out to the respective user as follows: ascertained entertainment value in percentage points multiplied by the total amount sponsored for the Dare. (I.e., in the case of an entertainment value of 8 stars this will be 80% of the DareDollars of the Pot in question). The amount left over will go to darebusters.com as usage fee. This ensures that Bust Videos with high ratings will receive as high a credit/pay-out as possible, while Bust Videos with lower ratings will receive lower credits/pay-out.
3. If a user accrues more than 20 DareDollars for an individual Bust Video darebusters.com will pay out the applicable equivalent value in Euro into the user’s bank or PayPal account that was specified at registration. There will be no transfer to the user's user account. Pay-outs will be carried out within a maximum of 14 working days. Where the value accrued is less than 20 DareDollars the amount will be credited to the respective user account.
4. The following applies to Bust Videos of Dares set for oneself: One week after the Bust Video has received as many individual ratings as there were individual occurrences of sponsoring in the Pot (but at least 10) the rating phase is completed and the final average rating is ascertained. darebusters.com will subsequently transfer the amount due according to section 8 (1) – (3) to the user who busted the Dare.
5. The following applies to Bust Videos of Dares set for one or several particular users or the Community: The average rating of each Bust Video will only be visible to users once the Dare has been closed after expiry of the time limit. The rating phase is completed one week after any Bust Video of the Dare in question has received as many individual ratings as there were individual occurrences of sponsoring in the Pot (but at least 10). If this happens before the time limit of the Dare has expired the rating phase is instead deemed completed a week after expiry of the time limit. Only the user whose Bust Video achieves the highest average rating at the end of the rating phase and has received at least as many individual ratings as there were individual occurrences of sponsoring in the Pot (but at least 10) will receive the amount due to him according to section 8 (1) – (3). None of the other users who uploaded Bust Videos for the Dare will receive credits/pay-outs.
9. Jackpot
DareDollars from Pots of non-busted, closed Dares (i.e. Dares for which no Bust Video was uploaded within the time limit) will be collected in a virtual jackpot and be credited/paid out at the end of the month to the user who uploaded the Bust Video with the best ratings of the month. This Bust Video must have received at least as many individual ratings as the average of all Bust Videos in that month. The credit or pay-out will be pro rata, depending on the actual average rating of the Bust Video, as detailed in section 8 (2).
10. Account, usage rights and terms and conditions of payment
1. darebusters.com will generally make the platform accessible to users upon creation of an account.
2. For the first 14 days after creation of the account the user will be entitled to view all videos on the platform. After expiry of the first 14 days the user may still view all submitted open Dares without Bust Videos. However, after the first 14 days the user may only view Bust Videos if the user has sponsored any Dare of his choice within the last 14 days. The user may at all times view his own Bust Videos and Bust Videos of Dares he has sponsored in the past, regardless of whether he has sponsored any Dares in the last 14 days or not.
3. All users are entitled at any time to submit new Dares and bust Dares open to them, to comment on videos visible to them and use all other functions of the platform not excluded by section 10 (2).
4. The user is provided with the opportunity to acquire the virtual currency “DareDollar” via a number of different payment methods, subject to these Terms of Service and the terms and conditions of the respective provider of the payment method. A more detailed description of payment options can be found here. The sales tax and costs of the payment method chosen by the user (e.g. PayPal fees) will be displayed in the course of the payment process and shall be payable by the user.
5. Current credits may be viewed on the platform at any time.
6. If an account accrues credits of more than 20 DareDollars the user may at any time request pay-out on the platform of the respective equivalent value in Euro into the bank or PayPal account specified during registration. Pay-outs will be carried out within a maximum of 14 working days.
11. Consumers’ right of revocation
1. Right to revoke: If the user is a consumer in terms of Art. 13 of the German Civil Code (BGB) he may revoke registration in text form (e.g. by letter, fax or e-mail) within two weeks. This period starts upon activation of membership by darebusters.com; however, at the earliest upon receipt of this notification and not before contract conclusion and not before we have performed our duties to inform according to Art. 312c (2) BGB in conjunction with Art. 1 (1), (2) and (4) of the German bye-law to the Civil Code on duties relating to information (BGB-InfoV). The revocation deadline shall be deemed to have been met if the revocation notice is sent on time. The revocation is to be addressed to: darebusters UG (ltd.) & Co. KG, Mittelstraße 11, 70180 Stuttgart, Germany E-mail: widerruf@darebusters.com.
2. Early expiry of the right of revocation: In accordance with Art. 312d (3) BGB, the user’s right of revocation lapses before the end of the two-week revocation period if the operator has begun performing the services, with the user’s express approval, or the user has himself initiated the performance of the services.
3. Consequences of revocation: In the case of a valid revocation the services already received on each side shall be returned in accordance with the statutory provisions and any incurred benefit (e.g. interest) be handed over. If the user is unable to return the received services, or is only able to return them in part, or can only return them to the platform in impaired condition, he shall be liable to pay compensation to this extent. The user shall fulfill all obligations regarding the refund of payments within 30 days from sending of his declaration of revocation.
12. Contents provided by users
1. The users who submit or upload contents to the platform are solely responsible for the contents which they have submitted or uploaded. The users shall assure that they possess the necessary copyrights and other rights (in particular trademark rights, rights to names and labeling rights) to the said contents and/or are entitled to use them in the manner in which they are used and to allow others their use. Further, the users shall assure that they do not thereby violate any rights of third parties, regardless of the nature of the right. If the photos or videos uploaded by the users recognizably display persons the users must ensure that they have obtained consent to publish from all persons displayed.
2. The users must ensure that the contents they submit do not violate the law and/or public morality. In particular, the contents must not incite criminal acts, be threatening, abusive, racist, glorification of violence, defamatory, libelous, harassing, offensive, pornographic, intentionally untrue, harmful to minors or hostile to the democratic constitution, violate the personal rights of third parties or constitute an illegal act. Any such content may attract liability in civil and/or criminal law.
3. darebusters.com reserves the right to check and amend texts, submitted photos, videos and other files with regard to the observance of these rules. However, the platform expressly points out that no preliminary checks are performed with regard to the contents submitted by users. As soon as the platform receives notification of breaches of legal provisions or these terms and conditions from users (e.g. through usage of the “report” button) or third parties it shall, following the appropriate checks, delete the contents in question without prior warning.
4. Where videos are removed from the platform due to gross violations of legal provisions or of these Terms of Service for which the user is at fault the user who uploaded the video shall under no circumstances be entitled to pay-out pursuant to Art. 8, even if he has already received the pay-out. Any sponsor contributions paid for the video shall be returned to the accounts of the sponsors unless they have been paid out to the user or were paid into the jackpot in accordance with Art. 9. If, at the point of removal of the video, pay-out to the user has already taken place darebusters.com shall request the payee user to return the amount received. The amount returned, plus any usage fee retained pursuant to Art. 8, shall promptly be returned to the accounts of the sponsors. If darebusters.com is unsuccessful in claiming back a paid out and reclaimed amount by means which are economically justifiable considering the amount claimed only any usage fee retained pursuant to Art. 8 shall be returned proportionately to the accounts of the sponsors. Likewise, in cases where the sponsored amount was paid out via the jackpot to another user only any usage fee retained pursuant to Art. 9 in combination with Art. 8 (2) shall be returned pro rata to the accounts of the sponsors.
5. darebusters.com reserves the right to block or remove contents that breach these terms of conditions. The user shall have no claim against darebusters.com for the removal of blocking or the reinstatement of removed contents. darebusters.com reserves the unlimited right to assert claims (in particular claims for damages) against the user.
13. Granting of rights
1. Upon submitting or uploading of contents the user shall grant the platform irrevocably and free-of-charge a non-exclusive, transferable right of use unrestricted in time, matter and space to the contents. This usage right shall in particular include the right to publish on darebusters.com. It shall also include the right to edit, redesign and supplement. Further, this granting of rights shall apply to use via main line and mobile communication networks and means, including all digital and analogue transfer and access technologies, in particular cable, wireless, fixed and mobile satellite networks and microwaves, all currently known and future means of transfer (in particular wireless internet, broadband, GSM, GPRS, EDGE, UMTS, HSDPA, HSUPA and DVB-T and DVB-H), transfer protocols and languages (in particular TCP/IP, IP, HTTP, WAP, HTML, cHTML and XML) and including replay on any receivers such as, in particular, stationary, mobile and ultramobile computers, television appliances, set-top units, (hard drive) video recorders, cell phones, mobile digital assistants (MDA), personal digital assistants (PDA) and mobile internet devices (MID).
2. At the same time, the user undertakes to refrain from publishing the uploaded videos elsewhere. This excludes, in particular, the uploading of the contents to other internet video platforms such as YouTube, Vimeo, Clipfish, metacafe, dailymotion, Veoh, Revver, etc.
3. Upon submission of a video darebusters.com shall be granted an irrevocable option to grant an exclusive, transferrable right of use unrestricted in time, matter and space to the contents in question. darebusters.com shall exercise this option by appropriate declaration to the respective user. In this case, the user shall receive a flat-rate amount equivalent to the original credit/pay-out for the video or, alternatively, EUR 10.00 where the video did not lead to the granting of credits or pay-out (e.g. if it was the second-best Bust Video of a Dare to the Community or a video to announce a Dare). Further, the user shall in this case be granted a share of 30% in all directly attributable profits that darebusters.com obtains with the said video. Pay-outs of the flat-fee remuneration will be carried out within a maximum of 14 working days from declaration. Pay-out of the share in profits shall be carried out by 30th June of the following year at the latest.
4. Where the user is not the holder of the aforementioned rights to the contents he has submitted or uploaded he shall assure that the holder of the said rights has declared his consent to the rights-transfer in accordance with the above provision.
5. darebusters.com reserves the right to display advertisements and/or carry out other promotional activities in the context of the contents inserted by users and by using the said contents.
6. The user is entitled to becoming known as the creator. darebusters.com will therefore make appropriate reference to the authorship of the user in all cases of use. The user name of the creator specified at registration shall be used as his name.
14. Revocation of the granting of rights
1. If a user wishes for personal reasons to discontinue the publication of a content he uploaded onto the platform darebusters.com herewith undertakes unilaterally to refrain from further publishing the said content, following written notification of the request and the repayment of any amounts received by the user for the said content. This shall not affect any sublicenses already granted.
2. The amount refunded by the user in this way shall be credited to the current jackpot and shall thus go pro rata to the user with the best video of the month, as per section 9 of these terms and conditions.
3. Where a user exercises this right he simultaneously undertakes to refrain from publishing the respective contents elsewhere in any way. Depending on the severity of the breach against this agreement a contractual penalty of up to EUR 1,500.00 plus sales tax shall be payable for each ascertainable attempt.
4. The contractual penalty shall likewise be credited to the current jackpot, and shall thus go pro rata to the user with the best video of the month, as per section 9 of these terms and conditions.
15. Indemnity, damages
1. The user shall indemnify the operator from all claims of third parties which may be caused by the use of the services of darebusters.com by the user. This includes in particular all obligations, charges and claims that may result from damages due to violations of copyrights and other property rights resulting from contents transferred for publication by the user. This further includes all obligations, charges and claims for libel, defamation/slander, violation of personal rights, loss of services for other users and violation of intangible goods or other rights.
2. darebusters.com reserves the right to conduct the legal defense against such claims. The user shall support darebusters.com in the defense against such claims, in particular by prompt, truthful and complete disclosure of all information necessary for the assessment of the claims and for the defense. The user shall be liable to reimburse any damages incurred by darebusters.com through the successful assertion of claims by third parties. This includes the costs of legal defense.
16. Duration of agreement and termination
1. This agreement between darebusters.com and the user for the provision of the services described is of indefinite duration. It may be terminated at any time by either party subject to one week's notice with termination taking effect at the end of the calendar month. Upon termination, darebusters.com shall deactivate the existing accounts. Notification of termination in accordance with these provisions shall be made in text form or by e-mail to support@darebusters.com.
2. Any existing credits shall be accounted for upon deactivation of the account and the appropriate equivalent value of the DareDollars shall be paid in money directly into the bank or PayPal account specified during registration.
3. In addition, darebusters.com may take the following measures if there are specific indications that the a user may have violated legal provisions, rights of third parties or these terms and conditions, in particular sections 12, 13 and 17, or that darebusters.com has any other vested interest, in particular with regard to the protection of other users from fraudulent activities:
• Cautioning of users
• Limiting/restricting use of the platform
• Preliminary blocking
• Final blocking
4. In choosing measures, darebusters.com shall consider the vested interests of the user concerned, in particular whether there are any indications that the user was not responsible for causing the violation.
5. The user and darebusters.com each expressly retain any further rights to extraordinary termination. darebusters.com may extraordinarily terminate the usage agreement without notice and deactivate the account in cases of serious or lasting breaches of the user against these terms and conditions, i.e. in particular the obligations specified in sections 12, 13 and 17 of these terms and conditions.
6. A user whose account is deactivated due to breach of contract shall not be entitled to apply for reregistration on the platform. Breaches against this provision shall, in addition, attract liability of the user against darebusters.com for any damage incurred.
17. Manipulation
1. A contractual penalty of EUR 500.00 plus sales tax shall be payable for each ascertainable attempt with intent by a user to manipulate the statistics and thus the amounts payable to him. The same applies when a user who has been excluded due to breach of contract reregisters at darebusters.com using a false name.
2. The contractual penalty shall be paid into the current jackpot and shall therefore be paid pro rata to the user with the best video of the month, as per section 9 of these terms and conditions.
3. Any attempt to bypass, manipulate or otherwise impair the systems, technologies, scripts, codes and accounting mechanisms and principles of darebusters.com is prohibited, and may result in criminal charges against the perpetrator for fraud or attempted fraud.
18. Exclusion of guarantee and liability
1. darebusters.com provides its services, systems, technologies and solutions according to the best of its knowledge and in good faith and within the framework of its technical possibilities. No guarantee is given for the topicality, correctness, completeness or quality of the information provided, nor for usability free from errors or disruptions of the services, systems, technologies and solutions.
2. To businesses, darebusters.com shall, with the exception of breach of essential contractual duties, only be liable for damages if and insofar darebusters.com, its legal representatives or leading personnel are culpable of intent or gross negligence. In the case of other vicarious agents, darebusters.com shall only be liable in cases of intent and if they breach essential contractual duties with intent or by gross negligence. Other than in cases of intent or gross negligence of legal representatives or leading personnel or intentional conduct of other vicarious agents of darebusters.com, no liability is accepted for indirect damage, especially loss of profits. Other than in cases of intent or gross negligence of darebusters.com, its legal representatives and leading personnel, liability is limited to the damage typically foreseeable at the point of contract conclusion.
3. To private individuals, darebusters.com shall only be liable for intent and gross negligence. However, in cases of breach of essential contractual duties, default or impossibility to perform for which darebusters.com bears responsibility; darebusters.com will be liable for any culpable conduct of its employees and vicarious agents. Other than in cases of intent and/or gross negligence of legal representatives, employees or other vicarious agents, liability of darebusters.com shall be limited in terms of amount to the damage typically foreseeable at the point of contract conclusion.
4. The aforementioned exclusions of liability and limitations with regard to businesses or consumers do not apply where express guarantees have been granted by darebusters.com and in cases of loss of life or damage to body or health, nor in statutorily prescribed cases.
19. Data protection
1. Users undertake to refrain from using the services in an improper manner, from interfering in services and from accessing the services in any other way than the user interface and/or gateways provided by darebusters.com.
2. Users undertake to refrain from using programs, functions, scripts or any other means of automatically accessing the pages of darebusters.com or automatically generating contents on the platform or otherwise accessing the services of www.darebuster.com.
3. Users undertake not to manipulate in any way,to hack or otherwise change in an illegal way the services of darebusters.com or to infiltrate darebusters.com with programs, viruses, worms or other malicious code (e.g. in form of HTML/JavaScript).
4. Users undertake not to send messages or e-mails serving a commercial purpose to the e-mail addresses contained in the www.darebusters.com offering nor to the other users of www.darebusters.com, nor to send mass e-mails (spam e-mails), and not to use the servers of www.darebusters.com to send such e-mails.
5. The users undertake not to operate chain letters, snowball systems or multilevel marketing and to refrain from any action that could compromise the functionality of www.darebusters.com.
20. Amendment or termination of www.darebusters.com
The offering of www.darebusters.com is under continuous development and may therefore change at any time as regards technology, content or any other matter. darebusters.com may at any time change or remove the functions and features offered and/or add new functions and features. Darebusters.com may at any time shut down the offering in whole or in part, temporarily or permanently.
21. Amendments to these terms and conditions of use
1. darebusters.com reserves the right at any time to change or add to these terms and conditions and/or the data protection declaration with effect for the future wherever this appears necessary and the user is not thereby detrimentally affected against good faith.
2. Amendments shall be published in an appropriate manner by notification in text form. Notification shall generally be by publication on the websites of the service operated by darebusters.com or by e-mail to the address specified by the user. In addition, the user will always be notified of the amendment by a highlighted notification upon next login.
3. The user may object to the amendments within 6 weeks from notification and the moment when it was possible to have come to the user's attention. If the user does not object in writing (including by e-mail) to the amended terms and conditions within this time limit after notification and the moment when it was possible to have come to his attention, or if he continues to use the services despite the notification, the amended or supplemented terms and conditions shall take effect in relation to him. If the user objects within the time limit each party shall be entitled to terminate the membership for good cause subject to one week’s notice. In cases of objection the original terms and conditions shall apply up to termination of contract. Any payments or DareDollars provided in advance beyond the time of termination shall be returned to the user pro rata unless darebusters.com announced the amendments in an appropriate place before it was possible for the user to terminate his membership.
4. In the notification of amendment, darebusters.com shall draw special attention to the option to object and to terminate, to the time limit and legal consequences, in particular with regard to an omission to object.
5. We recommend that users regularly check the latest version of the rules.
22. Final provisions
1. German law shall apply between the parties. This choice of law shall only apply to consumers who do not conclude the contract for professional or commercial purposes, unless the protection granted by mandatory provisions of the law of the country in which the consumer has its habitual residence is withdrawn.
2. These Terms of Service are written in English and in German. In case of doubt the German version shall be binding.
3. If the user is a business person, legal person under public law or a fund under public law, the sole place of jurisdiction for all disputes arising from this contract is Stuttgart. The same applies if the user does not have a general place of jurisdiction in Germany or its domicile or place of habitual residence is not known at the time when legal proceedings are instituted.
4. If individual provisions of this contract are invalid or unenforceable the remaining contractual provisions shall be unaffected and shall remain, as far as this conforms to the assumed intentions of the parties, valid and enforceable. In this case, the invalid or unenforceable provision shall be replaced with a provision which comes closest to the parties’ intentions at the point when the said provision was agreed. This shall apply accordingly in case of omissions in this contract.