Terms of Service
Terms of Service
We (the people at dreamr) run a mobile app platform for dream realization called Dreamr and would love for you to use it. Our core service is free and always will be (except for brands). These terms of service (“Terms”) cover your use and access to our services, under the app (“Services“).We may offer ways to get more involved or may offer additional products that we do charge for in the future, in that instance the user will be informed of it prior to use. Our service is designed to give you the platform to share your dreams and aspirations and provide you with the tools and resources that make it more practical to pursue them. However, please be responsible in what you publish. In particular, make sure that none of the prohibited items listed in this agreement appear on your profile or get linked to from your profile (things like spam, viruses, or hate content).
If you find a dreamr profile that you believe violates our terms of service, please report a nightmare in the dreamr app support menu or email email@example.com
Terms of Service:
Please read this Agreement carefully before accessing or using the Dreamr App, Platform. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any services. If these terms and conditions are considered an offer by Dreamr, acceptance is expressly limited to these terms. The Platform is available only to individuals who are at least 13 years of age.
- Your Dreamr App Account and Profile.
If you create a profile on the Platform, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Dreamr may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Dreamr liability. You must immediately notify Dreamr of any unauthorized uses of your profile, your account or any other breaches of security. Dreamr will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.
If you operate a profile, comment on a post or dream, post material to the Platform, post links on the Platform, or otherwise make (or allow any third party to make) material available by means of the Platform (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your dreamr username or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Dreamr or otherwise.
- By submitting Content to Dreamr for inclusion on your profile, you grant Dreamr a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, Dreamr will use reasonable efforts to remove it from the Platform, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Dreamr has the right (though not the obligation) to, in Dreamr’s sole discretion (i) refuse or remove any content that, in Dreamr’s reasonable opinion, violates any Dreamr policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Platform to any individual or entity for any reason, in Dreamr’s sole discretion. Dreamr will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. Optional paid services such as digital subscriptions or in-app purchases, are available on the Platform (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Dreamr the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal. Unless you notify Dreamr before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
- Responsibility of Platform Visitors. Dreamr has not reviewed, and cannot review, all of the material, including computer software, posted to the Platform, and cannot therefore be responsible for that material’s content, use or effects. By operating the Platform, Dreamr does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Platform may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dreamr disclaims any responsibility for any harm resulting from the use by visitors of the Platform, or from any downloading by those visitors of content there posted.
- Content Posted on Other Platforms. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which dreamr.app links, and that link to dreamr.app. Dreamr does not have any control over those non-Dreamr websites and webpages, and is not responsible for their contents or their use. By linking to a non-Dreamr website or webpage, Dreamr does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dreamr disclaims any responsibility for any harm resulting from your use of non-Dreamr websites and webpages.
- Copyright Infringement and DMCA Policy. As Dreamr asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Dreamr App violates your copyright, you are encouraged to notify Dreamr by emailing firstname.lastname@example.org. Dreamr will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Dreamr will terminate a visitor’s access to and use of the Platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Dreamr or others. In the case of such termination, Dreamr will have no obligation to provide a refund of any amounts previously paid to Dreamr.
- Intellectual Property. This Agreement does not transfer from Dreamr to you any Dreamr or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dreamr. Dreamr, The Dreamr Ecosystem, the Dreamr logo, and all other trademarks, service marks, graphics and logos used in connection with the Dreamr App, or the Platform are trademarks or registered trademarks of Dreamr or Dreamr’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any Dreamr or third-party trademarks.
- Right of Use. Dreamr reserves the right to display advertisements on its Platform and on your profile. In addition, Dreamr has the authority and implied consent from a you and any users pursuant to this section to repost any available public content you and any users have available on the platform.
- Attribution for Original Content. Dreamr reserves the right to display attribution links such as ‘Dream at Dreamr.app,’ content director, partner and any other attribution in your content shared from the Platform. Credits may not be altered or removed.
- Dreamr reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. Dreamr may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Dreamr may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Dreamr App account (if you have one), you may simply discontinue using the Platform. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Platform is provided “as is”. Dreamr and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of goal achievement, merchantability, fitness for a particular purpose and non-infringement. Neither Dreamr nor its suppliers and licensors, makes any warranty that the Platform will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Platform at your own discretion and risk.
- Limitation of Liability. In no event will Dreamr, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Dreamr under this agreement during the twelve (12) month period prior to the cause of action. Dreamr shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- You agree to indemnify and hold harmless Dreamr, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, including but not limited to your violation of this Agreement.
- US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Dreamr reserves the right to terminate accounts or access of those in the event of a breach of this condition.
Miscellaneous. This Agreement constitutes the entire agreement between Dreamr and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dreamr, or by the posting by Dreamr of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Platform will be governed by the laws of the state of Nevada, U.S.A., adjudicable with the New York State Arbitration Alternative – NYSAA (rules incorporated by reference hereto at www.nysaa.nyc in confidential arbitration thus excluding its conflict of law provisions. including for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the NYSAA by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in an online virtual setting if possible otherwise in New York City, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Dreamr may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.R