Terms of Service



Introduction
This site and its components are offered for entertainment and informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.

By accessing and using Dagger Bay, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this websites particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service (.Terms.). Dagger Bay is also referred to in these Terms of Service as .we., .our. and .us..

These Terms constitute the entire agreement between Dagger Bay and you with respect to your use of the Service. Dagger Bay's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Dagger Bay shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Dagger Bay. These Terms shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Texas.

You certify to Dagger Bay that if you are an individual (i.e., not a corporate entity) you are (a) of legal age to form a binding contract with Dagger Bay and (b) not barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. The Site is not intended for unsupervised children under 18. If you are under eighteen (18) years old, you may use the Site only with the consent and under the supervision of a parent or legal guardian. In any case the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. You certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. Dagger Bay makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the Content (as defined herein) may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Availability
This Service is provided by Dagger Bay on an "AS IS" and "AS AVAILABLE" basis and Dagger Bay reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Dagger Bay is and will not be liable to you for any modification, suspension or discontinuance of the Service.

Privacy
Dagger Bay has a firm commitment to safeguarding your privacy. Please review Dagger Bay's Privacy Policy. The terms of Dagger Bay's privacy policy are incorporated into, and form a part of, these Terms.

Copyright
Dagger Bay is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Dagger Bay are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Dagger Bay or the appropriate owner of copyright in such works. Dagger Bay does not claim ownership rights in your works or other materials posted by you to Dagger Bay (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

External Links
Dagger Bay may permit you to link to other websites, services or resources on the internet and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Dagger Bay.s control and you acknowledge that Dagger Bay is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Dagger Bay or any association with its operators. You further acknowledge and agree that Dagger Bay shall not be responsible or liable, directly or indirectly, for any damage or loss caused by such content, goods or services available on or through any such website or resource.

Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Dagger Bay be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Dagger Bay that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Dagger Bay does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Dagger Bay, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

Any comments, suggestions, or feedback relating to the Site or the Services (collectively "Feedback") submitted to Dagger Bay shall become the property of Dagger Bay or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Disclaimer of Warranty and Limitation of Liability
DAGGER BAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. DAGGER BAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. DAGGER BAY MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT DAGGER BAY IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, DAGGER BAY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF DAGGER BAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL DAGGER BAY'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO DAGGER BAY PURSUANT TO THIS AGREEMENT.

Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Dagger Bay for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

Competition Rules and Conditions
The Site facilitates the operation of various creative online skill competitions ("Competitions" or "Contests") by Dagger Bay.

Participating in a Competition
Any authorized user of the Site may submit User Content as an entry in a Competition ("Entry") subject to the qualification rules established for the Competition (the "Entrants").

Competition Rules
Set forth below are the general terms and conditions for organizing and participating in a Competition on the Site ("General Rules"). Some Competitions will have their own rules ("Contest Rules") that supplement the General Rules, however these Contest Rules shall prevail in the event of any conflict with the Official Rules.

Entries
All entries must be received by the deadline stated on the Competition page. Any late, lost, misdirected, incorrect or incomplete entries may be disqualified and Dagger Bay (and its agents) in their sole discretion, will not be responsible for such entries. By participating in a Competition, participants certify that he/she has followed, and agrees to be bound by, these General Rules, these Terms of Use, and any Official Rules for that Competition that may exist. All Dagger Bay decisions relating to this Competition are final.

Doubloons
Doubloons are website credits purchased through PayPal or made available through various contests that can be used to purchase products through the Dagger Bay Bling Shop or pay entry fees for contests. Doubloons are not legal currency and are not legal tender. Doubloons are nontransferable and cannot be redeemed for cash. Doubloons are void where prohibited by law.

Costs to Enter
Regular Competitions - Competitions may require an Entrant in connection with submitting an Entry to pay Doubloons/Credits in order to participate. A Member may fund another Member's Entry in a Competition however if that Entry wins a Regular Competition, the prize will be split with the funding Member.

Eligibility
Competitions are void where prohibited or otherwise restricted by law, including but not limited to any jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these terms and conditions. Competitions are open to legal residents of the 50 United States and the District of Columbia who, as of the date of Entry submission, have attained the age of majority in their state of residence, or are emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these General Rules and the Official Rules. If a prize is won by a minor, it will be awarded to a parent or legal guardian on the minor's behalf.

Submission of Entries
Any Entry or comment which in the sole opinion of Dagger Bay is deemed inappropriate (e.g., violates the rules of the specific competition, is generally defamatory, depicts pornographic images, violence or inappropriate acts, etc.) or which otherwise violate these General Rules, the Official Rules for the Competition, or these Terms of Use may be removed from the Sites, and the Entrant may be disqualified. All submitted content must be in English unless otherwise noted in the Official Rules.

Entrant Representations, Warranties, License Grants
By entering any Competition, you represent and warrant that: (i) you have all the necessary rights, licenses and permissions in connection with your Entry and all content and material therein; (ii) you have all necessary permissions from all participants, if any, appearing in your Entry (including, without limitation, a release signed by the individual(s) in the Entry, or if the individual is a minor, a release signed by the parent or legal guardian of the individual), and that you are not, and will not be, violating your obligations or any rights of any third party by submitting your Entry; (iii) if any such participant is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide written permission in a form acceptable to Dagger Bay; (iv) you hereby do and shall grant Dagger Bay a worldwide, nonexclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Entry in connection with the Competition (e.g., public viewing and voting for this competition), in any media formats and through any media channels (including, without limitation, third party websites); and (v) you hereby do and shall grant each user of the Site the rights you grant in these Terms of Use (e.g., a license to access and vote on your Entry through the Site). You will indemnify and hold harmless Dagger Bay (and its employees, representatives, agents, and members) against all claims, losses, expenses, damages and liabilities, if you do not satisfy all of the Competition rules or if you violate these Terms of Use.

Prizes
Regular Competitions - Prizes for Competitions will be determined by Dagger Bay, but may include additional Doubloons/Credits. Bling and/or a digital trophy. The Doubloons/Credits, Bling and digital trophy image prize have no monetary value.

Winner Selection for Competitions
The winning Entry will be selected on the date stated within a given Competition's Official Rules. The vote-winning Entries for Regular Competitions are based on the highest average scores given by Members. Member votes are weighted by the applicable Member's voting "Karma" as further described in the General FAQ. The skill-based criteria that the Members will be directed to use to select the winning Entry are responsiveness to the skill-challenge, originality, creativity, and overall entertainment potential.

No Fraudulent Voting
You may not create multiple accounts for the purpose of voting more than once for an Entry or use any automated other falsified means for artificially inflating number of votes. Noncompliance with these or any other General Rule or Official Rule will result in disqualification and legal action as necessary.

Limitations of Liability
Dagger Bay is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions, whether caused by Dagger Bay, or you or by any of the equipment or programming associated with or utilized in association with any competition or by any technical or human error which may occur in the processing of submissions that may limit an entrants ability to participate in any Competition.

BY ENTERING, ENTRANTS RELEASE DAGGER BAY AND ITS AGENTS, REPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND RESULTING FROM ACCEPTANCE, POSSESSION OR USE OF THE PRIZE OR PARTICIPATION IN THE COMPETITION. ALL PRIZES ARE AWARDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IF THE MANUFACTURER OF THE PRIZE OFFERS A WARRANTY IT WILL BE ENTRANT'S RESPONSIBILITY TO SEEK WARRANTY SERVICE DIRECTLY FROM THE MANUFACTURER.

General Conditions
Dagger Bay reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the Entry process or the operation of the Competition or to be acting in violation of these rules. If Dagger Bay determines, in its sole discretion, that the on-line portion of the Competition is compromised by virus, bug, robot entries, or other corruption of the administration, security or proper play of the competition, then, at its sole discretion, Dagger Bay can cancel the Competition. In the event of any non-compliance with any requirement stated herein, a winner's prize may be forfeited and awarded to an alternate winner. Competitions are governed by and shall be construed under the laws of the State of Texas, U.S.A., without regard to the conflicts of law provisions therein. A Competition is void where prohibited or restricted by any relevant federal, state or local law, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements that are not satisfied

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.