Terms of Service
These are Terms of Service (“Agreement”). This Agreement is a legal agreement between you and Dream Social LLC. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the Dream Social LLC online services provided to you on all Dream Social LLC web sites and mobile applications, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
b. Additional Terms and Conditions, which may include those from third parties.
c. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Dream Social LLC. Dream Social LLC reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Dream Social LLC grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement.
You agree you will not:
Provide access to or give any part of the Services to any third party.
Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
Make the Services available on any file-sharing or application hosting service.
For Services offered on a payment or subscription basis, the following terms apply, unless Dream Social LLC notifies you otherwise in writing:
Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following:
A valid credit card acceptable to Dream Social;
A valid debit card acceptable to Dream Social;
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Dream Social LLC will automatically renew your monthly or annual Services at the current rates, unless the Services are cancelled or terminated under this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. Subscription Fees.
Access to and use of the Services is subject to a subscription fee (“Fee”). The Fee is payable in U.S. dollars. You will be required to provide your payment card number and other information at the time of your initial registration, and any subsequent service plan upgrades. Your payment card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize Dream Social LLC to charge your payment card for the then-applicable subscription fee. The Fee is non-refundable except as provided in Section 15 below (“Termination”). Dream Social LLC reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Dream Social LLC will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications.
If Dream Social LLC is for any reason unable to effect automatic payment via your payment card, Dream Social LLC will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying Dream Social LLC of any changes to your payment card information and to update your information if your credit card has expired. Dream Social LLC may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify Dream Social LLC.
All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on Dream Social LLC’s net income.
You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that Dream Social LLC may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to Dream Social LLC. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to [email protected]. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
5. Oracle Fees.
An Oracle, Oracles or Dream Oracle (“Oracles”) are independent affiliates of Dream Social LLC. Oracles have some level of knowledge of human dreams, or who may be published authors of books related to human dreams.
Oracles offer their personal opinion which may or may not be based on any scientific facts herein known as (“Oracle Service”) on a dream to Dream Social LLC users in exchange for a fee (“Oracle Fee”) as displayed on the request form on Dream Social LLC’s web sites. Oracle Fee amount is subject to change without notice.
Oracle fees are incurred per User’s request for Oracle Services and are charged to your payment card upon placing an order for Oracle Services on Dream Social LLC’s web site.
Oracle fees are none-refundable, unless the Oracle fails to respond to your order within 48 hours, in which case your payment will be returned to your payment card within 24 hours after expiration of the 48 hours. Oracle service orders are none-cancellable and none-transferable.
6. HELP AND SUPPORT
Dream Social LLC may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Dream Social LLC from time to time.
7. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Dream Social LLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
8. YOUR PERSONAL INFORMATION.
9. THIRD PARTY SERVICES
To facilitate Third Party Services, Dream Social LLC may be required to obtain your explicit consent for disclosure and/or use of the information you have provided to Dream Social LLC. By accepting these agreements and consents you authorize Dream Social LLC to use and disclose your contact information, including name and address, for the purpose of making the Services you choose available to you. Your participation in such Third Party Services indicates your acceptance of such terms and conditions for such Third Party Services.
10.1 You are responsible for all materials (“Content”) whether publicly posted or privately transmitted, uploaded, or stored through your use of the Services. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Dream Social LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
10.2 You acknowledge and agree that you shall not use the Service to post or otherwise transmit Content that:
– is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
– harasses or advocates harassment of another person;
– exploits people in a sexual or violent manner;
– contains nudity, violence, or offensive subject matter;
– solicits personal information from anyone under the age of eighteen (18);
– provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
– promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
– violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
– involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
– contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
– furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
– solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
– involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
– includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
– contains a virus or other harmful component.
10.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Dream Social LLC is not responsible.
10.4 Dream Social LLC may freely use feedback you provide. You agree that Dream Social LLC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Dream Social LLC a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Dream Social LLC in any way.
10.5 Dream Social LLC may monitor your Content. Dream Social LLC may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Dream Social LLC or its customers, or operate the Services properly. Dream Social LLC, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
11. ADDITIONAL TERMS
11.1 We may tell you about other Dream Social LLC Services. You may be offered other services, products, or promotions by Dream Social LLC. Additional terms and conditions and fees may apply. With some Dream Social LLC Services you may upload or enter data such as images, videos, audio files, names, dreams, addresses and phone numbers, etc., to Dream Social LLC Services. You grant Dream Social LLC permission to use such information and information about your experience to help us to provide the Dream Social LLC Services to you and to enhance the Services. You grant Dream Social LLC permission to combine your data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Dream Social LLC permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
11.2 Communications. Dream Social LLC may be required by law to send you communications about the Services or Third Party Products. You agree that Dream Social LLC may send these communications to you via email or by posting them on our websites, or on our social media accounts.
11.3 Member Account, Password and Security. As a Registered User, you are responsible for maintaining the confidentiality and security of the username and password and all other account information, and you are fully responsible and liable for all access to and use of Service that occur under your password or account. You agree to (a) immediately notify us by e-mail of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Dream Social LLC will not be liable for any loss or damage arising from your failure to comply with this section.
12. DISCLAIMER OF WARRANTIES
12.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Dream Social LLC, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. Dream Social LLC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.
12.2 Dream Social LLC, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
13. LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF Dream Social LLC, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, Dream Social LLC, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS. THE ABOVE LIMITATIONS APPLY EVEN IF Dream Social LLC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF Dream Social LLC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Dream Social LLC and its Affiliates, Suppliers and customers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Dream Social LLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Dream Social LLC in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means, such as email and In-Application messaging. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
Dream Social LLC reserves the right to suspend or terminate this Agreement, suspend your access to the Services, at any time, with or without notice to you, with or without cause, and without liability to you.
Dream Social LLC may immediately, in its sole discretion and without notice terminate this Agreement or suspend your access to the Services if you fail to comply with this Agreement or if you no longer agree to receive essential electronic communications such as bill and account related emails from Dream Social LLC. Dream Social LLC shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If Dream Social LLC elects to do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if Dream Social LLC elects to do so without cause, then Dream Social LLC will refund any unused portion of a pre-paid subscription. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Dream Social LLC’s rights to any payments due to it. Dream Social LLC may terminate a free account at any time. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.
16. EXPORT RESTRICTIONS.
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
17. GOVERNING LAW.
California state law governs this Agreement without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of state courts in Alameda County, California U.S.A. or federal court for the Northern District of California. Dream Social LLC does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws.
This Agreement, including the Additional Terms below, is the entire agreement between you and Dream Social LLC and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Dream Social LLC. However, Dream Social LLC may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Dream Social LLC or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Dream Social LLC via an email to: [email protected].
19. MISCELLANEOUS MATTERS.
You can contact Dream Social LLC by mail at Dream Social LLC., P.O.Box 6540, Alameda, CA 94501, U.S.A or by calling 510-306-1836 if you have a question or concern about any product or service we offer.
©2013 Dream Social LLC