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DreamOway

Terms and Conditions

DREAMOWAY® MOBILE APP TERMS AND CONDITIONS 

(AS OF FEBRUARY 2022)

The DreamOway® Application (the “App” or “Service”) is a web-competition service owned and operated by DreamOway Inc., a Delaware USA corporation (“DreamOway®” or “we” and appropriate forms thereof). Through our App, dreamers compete to win a celebrity mentor to help make their dreams come true.

DreamOway® provides our App as a mobile audition app that encourages you to showcase your talent directly to casting networks, talent contests, and dream-mentors. The following Terms and Conditions (“T&C”, “Terms” or “Agreement”) establish the agreement between DreamOway® and you as a user (“user” or “you”) of this App.

IF YOU ARE NOT FLUENT IN ENGLISH: 

THIS AGREEMENT IS WRITTEN IN THE ENGLISH LANGUAGE. LES PARTIES AUX PRESENTES CONFIRMENT LEUR VOLONTE QUE CETTE LE CONVENTION DE MEME QUE TOUS LES DOCUMENTS Y COMPRIS Y TOUT AVIS QUI S’Y RATTACHE SOIENT REDIGES EN LANGUE ANGLAISE.  IF YOU WISH TO READ THIS AGREEMENT IN A LANGUAGE OTHER THAN ENGLISH, IT IS YOUR RESPONSIBILITY TO IDENTIFY A COMPETENT TRANSLATOR TO PRESENT IT TO YOU IN A LANGUAGE IN WHICH YOU ARE CAPABLE OF EVALUATING AND KNOWINGLY AGREEING TO AN AGREEMENT WRITTEN IN THE ENGLISH LANGUAGE.

Please read and agree to this T&C document before using our Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms as they are amended from time to time. These Terms apply to all visitors, users and others who wish to access or use the Service. Subject to your agreement to and compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the Service solely for your personal, non-commercial use in accordance with these Terms.

By accessing or using the Service you agree to be bound by these Terms and by our Privacy Policy, found at https://dreamoway.com/privacy-policy, which is incorporated herein by reference. If you disagree with any part of these Terms, you may not access our Service.

Accounts

When you create an account with us, you agree to provide and maintain true, accurate, current and complete information about yourself as requested by our registration form.  You must register using your true identity, including your full legal name and any image or video purporting to depict you or any beneficiary of your Dream.  If you are under the age of 13 (16 in Europe) you are not authorized to use our Service.  Additionally, if you are under the age of majority in your jurisdiction, you may use the Service only with the approval of your parent or guardian. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of your account on the Service.  Furthermore, you guarantee that your use of the Service will not violate any law in any applicable jurisdiction in any country.  If you do not meet all of these requirements you may not use the Service.

Certain aspects of our Service may require that you register with and agree to the terms of third-party service providers such as payment processors. If we or any of these third parties at any time discovers that the Content or other information you have provided is incorrect or violates any of these Terms, we may immediately suspend or terminate your account on the Service.  In such case you may also be subject to fines imposed by relevant authorities, which will in all cases be payable by you.  We may also suspend or terminate your account if we believe or have reason to believe, in our sole discretion, that the Content or other information you have provided is incorrect or violates any of these Terms, if we have reason to believe that you (alone or with others) are engaged in any fraudulent, suspicious or misleading activity, or if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. We will regard all actions taken on your account as having been done by you or under your supervision.  You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.  You agree to provide up-to-date, complete and accurate information on your account.  You also agree to promptly update your personal account when necessary, so that we may contact you if needed.

Without appropriate authorization, you may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity. You may not use as a username any name that is offensive, vulgar or obscene as determined by us in our sole and absolute discretion.

DESCRIPTION OF THE DREAMOWAY® SERVICE

Our Service allows you to post, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the App, you represent and warrant that: (i) the Content is yours (you own all right, title and interest in and to it) and/or you have the right to use it and the right to grant us the rights and licenses provided in these Terms, (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) the Content is true, accurate, current and complete. We reserve the right, in our sole discretion, to terminate the account of anyone found to be infringing on a copyright or for any other reason in our reasonable business discretion.

Subject to the rights granted by you to DreamOway® herein, you retain any and all of your rights to the Content you submit, post or display on or through the Service. You agree that you are solely responsible for protecting those rights. We take no responsibility and assume no liability for Content that you or any third party posts on or through the Service. However, by posting Content or using the Service in any way, you grant us the perpetual right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

By uploading, sharing, providing, or otherwise making available your Content, or any portion thereof, in connection with our Service, you hereby grant and will grant us and our affiliated companies and users a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any Content contains your name, image, likeness or other personality rights you own, you hereby release and hold harmless DreamOway® and our contractors, agents and employees, from (i) all claims for invasion of privacy, publicity or defamation, (ii) liability or other claims respecting blurring, distortion, alteration, optical illusion, or other use or exploitation of your personality rights, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your Content and/or personality rights. You waive any right (including but not limited to your personality rights) to inspect or approve any of our intermediary or finished version(s) of your Content. Also, if any natural person other than you appears in your Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for our benefit in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Service and submission of Content is voluntary, and that you will not receive compensation of any type (financial or otherwise) associated with the licenses, waivers, and releases set forth herein (or our exploitation thereof), and that your sole consideration for this Agreement is the opportunity to use our Service.  You authorize us to provide information relating to your Content to anyone, including law enforcement, and to assist in any investigation relating to your Content. 

We have the right (but not the obligation) in our sole discretion to monitor and edit all Content provided by you.

Content posted on or through this Service is the property of DreamOway® or used with permission of the owner. You may not distribute, modify, transmit, reuse, download, repost, reproduce, store, sell, license, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. Notwithstanding anything to the contrary in these Terms, you are permitted to download, copy and/or print pages from the Service for personal, non-commercial home use only.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of any Content you have.  No right, title or interest in or to any Content or any part of the Service is transferred to you, and all rights not expressly granted are reserved by DreamOway®.  Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

BY USING OUR SERVICE AS A DREAMER SEEKING TO COMPETE ON OUR APP, YOU ALSO AGREE TO THE FOLLOWING TERMS:

In addition to the provisions set forth elsewhere in these Terms, the following terms apply to the Content (if any) posted, displayed, uploaded or published by you on the DreamOway® Service.

You warrant and represent that, for each item of Content which you post, display, upload or publish on the DreamOway® Service:

— Your posted Content complies in full with these Terms (and, in particular, our Acceptable Use Policy, set forth below);

— You either own that Content (and all intellectual property rights in it) or have a valid license from the owner or a licensee of the owner to use it in the manner in which you use it on the DreamOway® Service; and

— If that Content includes or uses any third-party material (including but not limited to music), you have secured all rights, licenses, written consents and releases that are necessary for the use of such material in your Content and for the subsequent use and exploitation of that Content on the DreamOway® Service.

Interpretation: In these Terms and Conditions for Dreamers, these terms have the following meanings

— “Person with Majority Control” means any individual who meets one or both of the following conditions in relation to a limited liability entity acting as a Dreamer posting Content:

(1) You hold or are legally able to control, directly or indirectly, more than Fifty Percent (50%) of the shares in the entity; and

(2) You hold or are legally able to control, directly or indirectly, more than Fifty Percent (50%) of the voting rights in the entity; 

— “Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government, municipal or organizational obligation or charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable.

Other terms which will apply to your use of the DreamOway® Service as a Creator of Dreamer Content, including

— Our Terms and Conditions for all users;

— Our Privacy Policy – which is not part of this Agreement but tells you how we use your personal data and other information we collect about you;

— Our Acceptable Use Policy – which tells you what you can and can’t do on this DreamOway® App; and

— Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of the DreamOway® App, and how we will deal with that complaint.

To set up your account as a “Dreamer Account”:

— On your user account page, you will need to upload a valid form of ID (specifying your age) and a current (no older than one year) photo of you;

— You will need to add bank account details of your own bank account on your User Account page (or the bank account of a business entity in which you hold Majority Control). 

— You may also need to submit additional information depending on the legal jurisdiction where you live.

— We may, in our sole discretion, ask you for additional age or identity verification at any time. We may reject your application to set up a Dreamer Account for any or no reason, including but not limited to the reasons stated here.

— Once you have set up your Dreamer Account, you will be able to start adding Content.

Specific Rules for Musical Works and for Recording Artists:

If you are a composer or author of a musical work posted on the DreamOway® Service and are affiliated with a Performing Rights Organization (your “PRO”, such as ASCAP or BMI in the United States, SOCAN in Canada, SACEM in France, GEMA in Germany, SGAE in Spain, PRS or PPL in the UK, JASRAC in Japan, etc.), then you must notify your PRO of the royalty-free license you grant to us through these Terms. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in this Agreement or have such music publisher enter into this Agreement with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Service that may be claimed by your label.

Co-authored Content 

If you post Content which shows anyone else other than, or in addition to, you (even if that person cannot readily be identified from the Content) (“Co-Authored Content”), you warrant and represent that each individual shown in any such Co-Authored Content uploaded to your account:

— Is also a user of the DreamOway® Service;

— Has given his/her written (email acceptable but must be preserved) express, prior and fully informed consent to his or her appearance in the Co-Authored Content and has consented to your posting on the Service the Content in which he or she appears. 

— If any Content is a work of joint authorship such as a co-authored song or video featuring both (or all) of you, you are solely responsible for obtaining any required licenses or consents from all other joint authors of the Content, which consents are sufficient to permit such Content to be uploaded to and made available on the DreamOway® Service. 

Agencies cannot be Dreamers

Every Dreamer is the owner of his/her/its own account and must have access to that account at all times. If you have an agent or agency which assists you with the operation of your Dreamer Account (or operates it on your behalf), this does not affect your personal legal responsibility. Our legal and business relationship is with you, and not with your agent or agency, and you will be legally responsible for ensuring that all Dreamer Content posted and all use of your account complies with these Terms and Conditions.

Dreamers who act through business entities 

If you set up your account in the name of a business entity (e.g., a corporation or limited liability company), you must provide evidence to us, on request, that you are the person with Majority Control of that entity. You agree that, if you use a business entity as the owner of your account, you and your business entity must comply with all laws (including but not limited to tax laws) which are applicable to such entities in the legal jurisdiction where your business entity is established.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the “unsubscribe” link or other instructions provided by us.

Get Discovered

Post a video of your talent and we may connect you with Dream Mentors to help get you discovered!

Get Featured On DreamOwayTV

Our Dream-Makers choose between 3-5 semi-finalists to compete in additional follow-up videos. The Dream-Maker Panel will announce the winner and their video will appear on DreamOwayTV.

Weekly winners from the DreamOway’s in-App competition will have a chance to appear on the DreamOway TV show to work with our celebrity mentors to make their dreams come true. Our network of industry mentors will strive to provide winners with valuable guidance for your new venture.

Please note that we are not a broker, agent, financial institution, creditor or a 501(c)(3) nonprofit corporation.  We do not guarantee the accuracy, completeness, timeliness or reliability of any information or Content on our Service.  Before making any decisions to assist with any Dream(s) or to financially contribute toward assisting someone with a Dream, you should consult with your legal, financial, tax and other professional advisors.  We do not endorse any particular Dream.  We make no guarantee, express or implied, that any Content or other information provided through the Service is accurate or complete, and we disclaim all liability with regard to the Content and other information provided through or in connection with the Service to the fullest extent permitted by applicable law.

We assume no liability relating to any Content that you post through the Service.  It is your responsibility to know how your Content will be used.  We do not and cannot verify any Content nor do we or can we guarantee that any Content will be used in accordance with the Dream described or in compliance with applicable laws. However, if you become aware of, or have reason to believe, that your Content is not being used for its stated purpose, please alert our team about this potential issue (by emailing us at support@dreamoway.com), and we will investigate. 

Prohibited Conduct

You agree to use the Service in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, regulation, requirement, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Service. Additionally, by using the Service and posting Content, you represent, warrant and covenant that: (a) all information you provide is accurate, complete and not intended to or likely to deceive others, (b) all postings will be used solely as described in the Content or other materials that you post or otherwise provide, (c) you will not infringe on the rights of others, (iv) you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting and payment, political contributions, and asset disclosures for your Content; and (v) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including but not limited to necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us.

In connection with your use of the Service, you agree that you will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct, including, without limitation, engaging in any act which exploits, harms or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • Impersonate or attempt to impersonate us, any of our employees or another person or entity or log into an account which you are not authorized to access (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  • Use or attempt to use another person’s account without authorization from that user;
  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, or impair the functioning of the Service in any manner, including but not limited to regarding our network or network security;
  • Interfere or attempt to interfere with the Service or any user, host or network, including by way of introducing a virus, Trojan horse, worm, logic bomb or other material which is malicious or technologically harmful, “flooding” or crashing or sending unsolicited email, promotions or advertisements;
  • Reverse engineer, decompile, or disassemble any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed by us to prevent or limit access to any part of the Service; or
  • Develop or use any third-party applications that interact with the Service without our prior consent, including any scripts designed to scrape or extract data from the Service.
  • Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain mail” or “spam” or any other similar solicitation.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Service, including any server, computer or database connected to or associated with the Service.
  • Attack any aspect of the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Offer any contest, competition, giveaway, sweepstakes or similar activity on or through the Service without our prior written consent (which may be withheld in our sole and absolute discretion). In order to seek our permission, you must send an email to support@dreamoway.com with the subject matter “PROMOTION REQUEST” in the subject line.
  • Include in your Content any link to any third-party Service or any request that users, guests or others accessing your or any other user’s Content or the Service visit any third-party Service.
  • Otherwise attempt to interfere with the proper working of the Service.

Additionally, you specifically agree that you shall not post Content with the implicit or explicit purpose of involving or depicting:

  • a violation of any law, regulation, industry requirement, or third-party guidelines or s by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Service;
  • any election campaigns that are not run by a registered organization within the supported country;
  • content or campaigns that are fraudulent, misleading, inaccurate or dishonest;
  • illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, or legal substances that provide the same effect as an illegal drug or other products that present a risk to consumer safety or any related equipment or paraphernalia;
  • knives, explosives, ammunition, firearms, or other weaponry or accessories; •annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise unrealistically high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
  • gambling, gaming and/or any other activity with an entry fee and a prize, including but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
  • campaigns we deem, in our sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
  • activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
  • funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty; •pornography or other sexual content;
  • offensive, graphic, perverse or sensitive content;
  • the sale of items before the seller has control or possession of the item;
  • collecting payments on behalf of merchants by payment processors or otherwise, including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by the Service;
  • credit repair or debt settlement services;
  • the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than the purposes clearly stated in your Content;
  • publication or removal of Content (such as mug shots), where the primary purpose of posting such Content is to cause or raise concerns of reputational harm;
  • sale or resale of service without added benefit to the buyer; resale of government offerings without authorization or added value;
  • aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
  • counterfeit music, movies, software, or other licensable materials without the appropriate authorization from the rights holder;
  • products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary, privacy or any other rights of any third party;
  • unauthorized sale or resale of brand name or designer products or services;
  • sale of goods or services that are illegally imported or exported;
  • payment-processing where there is no bona fide payment accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
  • collecting or providing funds for any purpose other than as described in your Content;
  • any other activity that we may deem in our sole discretion to be in support of individuals and/or entities associated with alleged financial crimes, including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
  • any other activity that we may deem in our sole discretion to be unacceptable.

Payment Card Industry Data Security Standard

The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, we are PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on your behalf, or to the extent that we can in any way impact the security of your cardholder data environment.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or you are authorized to act on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@dreamoway.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • the full legal name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the Internet location where the copyrighted work exists, or a copy of the copyrighted work or, if multiple copyrighted works are covered by this notice – you may provide a representative list of such copyrighted works;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address along with any company affiliation;
  • a statement by you that you “have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law”;
  • a statement by you that “I hereby state that the above information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on the owner’s behalf, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

You can contact our Copyright Agent via email at and deliver the notice and all completed items to support@dreamoway.com.

[If you are a copyright owner or an agent thereof (“Owner”) and believe that any content or Material infringes upon the Owner’s copyright(s), rights of publicity, or any other rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing DreamOway® (through Support@DreamOway.com) with the following information in writing (see 17 U.S.C 512(c)(3) for further details): 

A physical or electronic signature of a person authorized to act on behalf of the owner of each legal right that is allegedly infringed; 

Identification of the copyrighted work or other legal right claimed to have been infringed, or, if multiple materials on the DreamOway® Service are intended to be covered by a single notification, a representative list of such works; 

Identification of the material that is claimed to be infringing, the subject of infringing activity or is violative of any other legal right and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DreamOway® to locate said material; 

Information reasonably sufficient to permit DreamOway® to contact the Owner, such as an address, telephone number, and, if available, an electronic mail address; 

A statement that Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Owner or the law; and 

A statement that the information in the notification is accurate, and under penalty of perjury, that Owner is authorized to act with regard to the legal right that is allegedly infringed. 

The Owner acknowledges that failure to comply with all of the above requirements may render Owner’s legal notice not valid.] 

Intellectual Property

The Service and its original content (excluding Content provided by Dreamers and other users), features and functionality are and will remain the exclusive property of DreamOway® and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DreamOway®.  Our name, our logo and all related names, logos, product and service names, designs and slogans are our trademarks or trademarks of our affiliates or licensors.  You must not use such marks without our prior written consent.  All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.

Links to Other Services

Our Service may contain links to third-party services or services that are not owned or controlled by DreamOway®.  These links are provided for your convenience only. DreamOway® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. We do not warrant the offerings of any of these entities/individuals or their Services and we accept no responsibility for any loss or damage that may arise from your use of them.

You acknowledge and agree that DreamOway® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third-party Services or services.  If you decide to access any of the third-party Services or services linked to our Service, you do so entirely at your own risk and subject to the terms and conditions for use of such Services or services.  We strongly advise you to read the terms and conditions and privacy policies of any third-party Services or services that you visit.

Termination

We may terminate or suspend your account and immediately bar your access to any portion or the entirety of our Service, temporarily or permanently, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.  In any such event, you agree that we have no liability to you or any third party for any claims, damages, costs or losses resulting therefrom.

You agree that we assume no liability for any damages caused if we suspend or terminate your account, or any part thereof, or your access to the Service, or remove and discard any Content or other data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

If you wish to terminate your account, you may simply discontinue using the Service at any time.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Specifically, you agree that the perpetual license granted by you in relation to Content is irrevocable and will, therefore, continue after expiration or termination for any reason of this or any agreement. Furthermore, you agree that we shall have no liability or responsibility to you and that we are not responsible for any loss, damage or harm related to your inability to access or use the Service based on such termination or otherwise.

Indemnification

You agree to release, defend, indemnify and hold harmless DreamOway® and its licensees and licensors, and each of their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees and costs), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.  You agree that we have the right to conduct our own defense of any claims at our own discretion and that you will indemnify us for the costs of such defense, including but not limited to our attorney’s fees and costs.  If you are a California USA resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of any jurisdiction other than California USA — in or outside of the United States — you waive any comparable statute or doctrine.

Limitation of Liability

In no event shall DreamOway®, or its managers, officers, directors, employees, partners, agents, suppliers, members, shareholders, licensors or affiliates, be liable for any indirect, incidental, special, consequential, punitive or multiple damages, including without limitation loss of profits or revenues, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or Content of any third party on the Service; (iii) any Content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

COMPLAINTS POLICY

This section of these Terms sets forth our Complaints Policy. If you are a User of the DreamOway App, this Complaints Policy forms part of your Agreement with us. 

The Service is owned by DreamOway, Inc., a Delaware corporation with its principal office at 1110 Brickell Avenue, #400, Miami, FL USA 33131. To contact us with any questions about this mobile application or about www.DreamOway.com, please email us at Support@DreamOway.com. If you are unable to contact us by email, please write to us at our office address above.

In this Complaints Policy, defined terms have the same meanings given to them as in the Terms and Conditions. Whether or not you are a User of the DreamOway® Service, you can use this Complaints Policy to alert us to any complaint which you have relating to DreamOway®.

If you have a complaint about DreamOway® (including but not limited to a complaint about Content appearing on the DreamOway® App or the conduct of a fellow user of our Service), please send your complaint to Support@DreamOway.com, including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.

[If you are a copyright owner or an agent thereof (“Owner”) and believe that any content or Material infringes upon the Owner’s copyright(s), rights of publicity, or any other rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing DreamOway® (through Support@DreamOway.com) with the following information in writing (see 17 U.S.C 512(c)(3) for further details): 

A physical or electronic signature of a person authorized to act on behalf of the owner of each legal right that is allegedly infringed; 

Identification of the copyrighted work or other legal right claimed to have been infringed, or, if multiple materials on the DreamOway® Service are intended to be covered by a single notification, a representative list of such works; 

Identification of the material that is claimed to be infringing, the subject of infringing activity or is violative of any other legal right and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DreamOway® to locate said material; 

Information reasonably sufficient to permit DreamOway® to contact the Owner, such as an address, telephone number, and, if available, an electronic mail address; 

A statement that Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Owner or the law; and 

A statement that the information in the notification is accurate, and under penalty of perjury, that Owner is authorized to act with regard to the legal right that is allegedly infringed. 

The Owner acknowledges that failure to comply with all of the above requirements may render Owner’s legal notice not valid.] 

Following receipt of your complaint:

— We will take such steps as we consider appropriate to investigate your complaint within a time-scale which is appropriate to the nature of the complaint;

— If we require further information or documents from you, we will contact you to let you know;

— We will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on the DreamOway® Service, and we are satisfied (in our sole and final judgment) that the Content is unlawful or otherwise breaches these Terms or our Acceptable Use Policy, we will act quickly to remove such Content.

— We are not obligated to inform you of the outcome of your complaint.

Unjustified or abusive complaints: If you are a user of the DreamOway® Service, you warrant and represent that you will not make any complaint under this Complaints Policy which is unjustified, abusive, or made in bad faith. If we determine (in our sole and final judgment) that you have breached this warranty, we may suspend or terminate your user account. Please be aware that DreamOway® adheres to a “1 strike/2 strikes/3 strikes” policy and will permanently prohibit you from using our Service for any purpose if there are three (3) instances of your non-compliance with these Terms and Conditions.  After investigating each incident, we may take any action we consider appropriate in our sole discretion, including but not limited to reinstating your account. You agree that you will, at your own cost, promptly provide to us all reasonable assistance in our investigation (including but not limited to providing us with copies of any information which we reasonably request). We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness. If we (in the exercise of our sole and final judgment) suspend access to or delete any of your Content, we will notify you via email or electronic message to your DreamOway® account, but we are not obligated to give you any notice of such removal.

ACCEPTABLE USE POLICY

This Acceptable Use Policy applies to your use of the DreamOway® App and all Content on the App and forms part of your agreement with us. This Policy sets forth what is and is not permitted on the DreamOway® Service. In this Policy, defined terms have the same meanings as in our Terms and Conditions.

— Do not use the DreamOway® Service except for your own personal use; and do not sell, rent, transfer, or share your account or any Content obtained from your use of DreamOway® to or with anyone else.

— Use the DreamOway® Service only in a manner and for a purpose that is lawful.

— Do not upload, post, display, or publish Content on the DreamOway® Service that is illegal, fraudulent, defamatory, hateful, obscene, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity. 

— Do not use the DreamOway® Service in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content. 

— Do not upload, post, display, or publish Content on the DreamOway® Service that shows, includes or refers to

— Any individual under 18 years old; or

— Any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use his/her name or image (or both) in the Content; 

— Shows, promotes, advertises or refers to: firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions; illegal drugs or drug paraphernalia; self-harm or suicide; incest; bestiality; violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, genital mutilation; necrophilia; urine or excrement-related material; “revenge porn” (i.e., any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material’s being taken, captured, or otherwise memorialized, and/or being posted and shared on the DreamOway® Service); illegal escort services, sex trafficking, or prostitution; contains unsolicited sexual content, obscenity or unsolicited language that sexually objectifies another user or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another user or anyone else; contains, promotes, advertises or refers to hate speech (i.e., Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic); contains, discloses or refers to anyone else’s personal data or private or confidential information (e.g., telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for the DreamOway® App (including but not limited to passwords and security questions), financial information, including but not limited to bank account and credit card details, biometric data, and medical records, without that person’s express written consent; if the Content features public nudity, was recorded in or is being broadcast from a legal jurisdiction where public nudity is illegal; if the Content features sexual activities, was recorded in or is being broadcast from a place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present); gives the impression that it comes from or is approved, licensed or endorsed by us or by any other person or company; causes or is calculated to cause inconvenience or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offense to anyone else; is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job-posting or employment ads without our prior express written consent.

— Do not use the DreamOway® App to stalk, bully, abuse, harass, threaten or intimidate anyone else.

— Do not use the DreamOway® App to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive us or any fellow user.

— DO respect the intellectual property rights of Content Creators, including but not limited to by NOT recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without their authorization.

— Do not do anything that violates our or someone else’s rights, including intellectual property rights (e.g., copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.

— Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.

— Do not provide false account registration information or make unauthorized use of anyone else’s information or Content.

— Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator’s number of views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.

— Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.

— Do not use other media or methods (for example, the use of code words or signals) to communicate anything which violates this Policy.

— Do not reproduce, print, distribute, attempt to download, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under these Terms and Conditions.

— Do not knowingly introduce any viruses, Trojans, worms, logic bombs, malware or other destructive material into Content, which material is or may be malicious or technologically harmful.

— Do not decompile, disassemble, reverse-engineer, or otherwise attempt to discover or derive the source code of the DreamOway® App, or use the App in a way that could adversely affect our systems or security or interfere with another user’s use of the DreamOway® Service, including but not limited to their ability to engage in real-time activities through the App.

— Do not use any automated program, tool or processes (such as web crawlers, robots, bots, spiders, and automated scripts) to access the DreamOway® Service or any server, network or system associated with the Service, or to extract, scrape, collect, harvest or gather Content or information from ouyr Service.

— Do not use DreamOway’s name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in these Terms and Conditions or with our prior written.

Breaches of this Acceptable Use Policy may lead to your account being suspended or terminated and access to your earnings being revoked, as set out in the Terms and Conditions.

Disclaimers

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.  Neither we nor any person or entity associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Service.

DreamOway®, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects in the Service will be corrected; c) the Service is free of viruses, malware or other harmful components; or d) the results of using the Service will meet your requirements. Additionally, DreamOway® makes no representation, nor does it warrant, endorse, guarantee, or assume responsibility, for any third-party applications (or the content thereof), user Content, or any other product or service advertised, offered or promoted by a third party on or through the Service or any hyperlinked Service, or featured in any banner or other advertising. You understand and agree that DreamOway® is not responsible or liable for any transaction between you and third-party providers or third-party applications or products or services advertised on or through the Service. Additionally, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer or other equipment, computer programs, data or other proprietary material due to your use of the Service or your downloading of any material posted on the Service or on any Service linked to it.  

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE DREAMOWAY® APP OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE APP. IN NO EVENT SHALL DREAMOWAY® OR ANY THIRD-PARTY PROVIDERS TO, OR DISTRIBUTORS OF, THE DREAMOWAY® SERVICE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THE DREAMOWAY® SERVICE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO YOUR USE OF OR INABILITY TO USE ANY COMPONENT OF THE DREAMOWAY® SERVICE), AND/OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY DREAMOWAY® OR ANY THIRD PARTY PROVIDERS, CREATORS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF DREAMOWAY® OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO YOU OR TO ANY OTHER PARTY. 

If, notwithstanding the foregoing, we and/or any third-party provider, Content Creator or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above-described functions or uses of the DreamOway® Service or its content, our liability and/or the liability of third-party providers, Content Creators and distributors shall in no event exceed One Hundred United States Dollars (US$100.00). In our sole discretion, in addition to any other rights or remedies available to us, and without any liability whatsoever, DreamOway® at any time and without notice may terminate or restrict your access to any component of this Service. Some legal jurisdictions do not allow limitation of liability; so the foregoing limitation may not apply to you. 

Subject to applicable law, use of the DreamOway® Service and its contents is at your sole risk. Some opportunities or services made available on the DreamOway® Service may be subject to conditions imposed by their Creators and/or providers, including but not limited to international conventions and arrangements, and state and federal government regulations. You agree that third-party Creators and providers who furnish Content through this Service are independent contractors, and not agents or employees of DreamOway®.

We will use our reasonable commercial efforts to keep our Service available on a 24-hour/7-day-a-week basis, subject to downtime for scheduled maintenance, unscheduled maintenance, and system outages. But we cannot promise that access to the DreamOway® Service will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruptions, or downtime.

We make reasonable attempts to exclude viruses from the DreamOway® Service, but we cannot ensure that the Service will at all times be free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading anything from the Service. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Service or from downloading anything from the Service.

You may preserve this Agreement in hard-copy form by printing it for your records, and you waive any other requirement that this Agreement be evidenced by a written document. 

To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on the App, electronic mail, or instant messaging.

You hereby expressly acknowledge and agree that your use and involvement in our Service are voluntarily undertaken solely at your own risk. You recognize, agree and acknowledge that your activities undertaken on the Service are inherently involve certain risks.  Under no circumstances will we have any liability whatsoever for any loss, damage or injury alleged and/or sustained by any User of the Service from engaging in any activity coordinated through, sponsored by, or affiliated with DreamOway®.  

As a user of DreamOway’s Service, you hereby agree that you are solely responsible for any applicable costs, fees and expenses associated with using the Service.  By using any services or functionalities provided by DreamOway®, and in consideration of your usage of the Service, you, on behalf of yourself, and your heirs, designees and assigns, hereby release, waive, discharge and agree not to sue DreamOway®, its owners, officers, directors, agents, representatives, employees and Affiliates in their capacities as such, and agree to hold DreamOway® and each of such persons associated therewith harmless with respect to any and all fees or expenses (including attorney fees, both transactional and litigation-related, at all levels), and with respect to any and all allegations, losses, claims, damages, property damage, personal injuries or death to you or to any other individual, whether caused by you or the acts (including the failure to act) of any other persons, events, and/or occurrences.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.  The performance of this Agreement by us is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of DreamOway’s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered with respect to such use.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth herein, then the Parties agree that the invalid or unenforceable provision may be amended by any appropriate authority and superseded by a valid, enforceable provision that matches the intent of the original provision as nearly as possible. The remainder of this Agreement shall continue in effect.

WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE DREAMOWAY® SERVICE AND/OR ANY INFORMATION, PRODUCTS, AND SERVICES CONTAINED IN OR ON THIS SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL DREAMOWAY® BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED:

— WITH THE USE OR PERFORMANCE OF THIS SERVICE;

  — WITH DELAY OR INABILITY TO USE THIS SERVICE;

  — WITH THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DREAMOWAY® SERVICE; OR WITH ANY OTHER CONSEQUENCE ARISING OUT OF THE USE OF THE DREAMOWAY SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DUE TO THE FACT THAT CERTAIN LEGAL JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT NECESSARILY APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DREAMOWAY® SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

DreamOway® reserves the right, in its sole and absolute discretion and with no attendant liability, to deny any person’s application to become a User of the DreamOway® Service, to deny any person access to the DreamOway® Service, any interactive service herein, or any portion of the Service without notice, and we retain the right to change the terms, conditions, and notices under which the Service is offered.  

This Agreement, and the other legal notice documents contained elsewhere on this Service and incorporated herein by reference, constitute the entire agreement between the User and DreamOway® with respect to our services, this Service, and any other relationship between you, the User, and DreamOway®, and they supersede any and all prior or contemporaneous communications and proposals, whether electronic, oral or written, with respect to DreamOway®, its services, and/or this Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Fictitious names of companies, products, people, characters and/or data mentioned herein, if any, are not intended to represent any real individual, company, product or event. Any rights not expressly granted to you herein are reserved by us.

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF YOU RESIDE IN ANY SUCH JURISDICTION, YOU ARE NOT APPROVED TO USE THE DREAMOWAY® SERVICE.

Governing Law and Jurisdiction

These Terms, all matters related to the Service, and any dispute or claim arising therefrom or related thereto (including but not limited to, in each case, non-contractual disputes or claims) shall be governed and construed in accordance with the internal laws of the state of Florida, United States, without regard to any choice or conflict of law provisions (whether of Florida or any other jurisdiction).  Any legal suit, action or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the state and/or federal courts of the United States sitting in Miami-Dade, Broward or Palm Beach Counties of Florida USA, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your jurisdiction of residence or any other relevant jurisdiction.  You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts and agree that such courts are a convenient forum for the resolution of all disputes between us.

Our failure speedily to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect, and this agreement will be interpreted so as to effect as far as possible the original intentions of the parties. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Severability

Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the other provisions shall not be affected thereby.

Changes 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.  Please check the Terms periodically for changes. If we make changes we will update the “Last Updated” date above. If a revision is material, we will make an attempt to notify you of such change at least 15 days prior to such replacement terms taking effect through means such as sending you an email to the address we have on file for you or presenting a pop-up window or other notification to you through the Service when you log in. What constitutes a “material change” will be determined at our sole discretion.

You are required to check these Terms each time you use the Service so that you are aware of any changes, as they will be binding on you.  By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and must stop accessing and using the Service.

Privacy

Your privacy matters to us. You can learn how we handle your information when you use the Service by reading our Privacy Policy. We encourage you to review the Privacy Policy carefully because, by using the Service, you agree that we can collect, use and share your information consistent with that policy.

This Agreement, and the other legal notice documents contained elsewhere on our Service and incorporated herein by this reference, constitute the entire agreement between the User and DreamOway® with respect to our Service and any other relationship between you, the user, and DreamOway®, and they supersede any and all prior or contemporaneous communications and proposals, whether electronic, oral or written, with respect to DreamOway® and our Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Fictitious names of companies, products, people, characters and/or data mentioned herein, if any, are not intended to represent any real individual, company, product or event. Any rights not expressly granted to you herein are reserved by us.

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, USA.  YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS SITTING IN MIAMI-DADE, BROWARD OR PALM BEACH COUNTY, FLORIDA, USA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THE DREAMOWAY® SERVICE. USE OF THE DREAMOWAY® SERVICE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THIS PARAGRAPH.

In the event a dispute arises between you as a user of our Service and DreamOway®, we both agree to pursue neutral and cost-effective means of resolving the dispute quickly.  Accordingly, you and we agree that any claim or controversy at law or equity that arises out of this Agreement or DreamOway’s Service shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.  Before resorting to these alternatives, we strongly encourage you, first, to contact us directly at support@dreamoway.com to seek a resolution, and we will consider all reasonable requests to resolve that dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation:

A. Alternative Dispute Resolution. We and you will consider use of alternative forms of dispute resolution, such as non-binding mediation and/or binding arbitration, to be conducted in or as near as possible to Miami-Dade, Broward or Palm Beach County, Florida, U.S.A.

  B. Court. Alternatively, any claim may be adjudicated by a court of competent jurisdiction located in Miami-Dade, Broward or Palm Beach County, Florida, USA.  You and DreamOway® agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Miami-Dade, Broward or Palm Beach County, Florida, USA. 

You and we agree that: 

(i) The DreamOway® Service shall be deemed solely based in the state of Florida, United States of America; and 

(ii) The DreamOway® Service shall be deemed a “passive service” that does not give rise to personal jurisdiction over DreamOway®, either specific or general, in jurisdictions other than Florida, United States of America. 

YOU AND DREAMOWAY® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You agree that “DreamOway” is a service mark of DreamOway LLC, a Delaware USA limited liability company.

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed by the Parties. The Parties confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s’y rattache soient rediges en langue anglaise). 

In any dispute between DreamOway® and you, we shall be entitled to recover our reasonable attorney fees, legal expert fees, and other legal expenses from you if we are the prevailing party.

This Agreement constitutes the entire agreement of the Parties and supersedes all oral and written agreements and understandings regarding the same or similar subject matter made or entered into by the parties prior to the date hereof. Except as otherwise specifically provided in this Agreement, no amendment, change or modification of this Agreement shall be valid unless it is accepted in writing by both Parties, and any waiver of a failure to perform or of a breach shall not operate to waive any subsequent failure to perform or breach.

The use of the singular in this Agreement shall apply to and mean the plural where appropriate. The use of the masculine or neuter pronoun in this Agreement shall apply to and mean the feminine where appropriate, and vice versa. The captions appearing at the commencement of the clauses hereof, if any, are descriptive only and for convenience in reference to this Agreement; and should there be any conflict between any such heading and the language of the clause at the head of which it appears, the language of the clause thereof, and not such heading, shall control and govern in the construction of this Agreement.

You acknowledge that a violation or attempted violation of any of this Agreement will cause us such damage as will be irreparable; that the exact amount of damage to DreamOway® would be difficult or impossible to ascertain, and for which there will be no adequate remedy at law. Accordingly, you agree that DreamOway® shall be entitled as a matter of right to an injunction, issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms and Conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by us in obtaining such an injunction, including, without limitation, reasonable attorney fees at all levels of litigation. You agree that no bond or other security shall be required in connection with our application for any such injunction. 

The parties acknowledge that each has been advised by counsel, and/or been given the opportunity and recommendation to be advised by counsel, during the course of negotiation of this Agreement. This Agreement shall be interpreted without regard to any presumption or rule requiring construction against the party causing this Agreement to be drafted.

TO PROCESS AND COMPLETE YOUR STATUS AS A USER OF THE DREAMOWAY® SERVICE, YOU ARE REQUIRED TO AGREE TO THE TERMS OF THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BOX BELOW.  YOUR USER STATUS WILL NOT BE PROCESSED UNLESS AND UNTIL YOU HAVE INDICATED YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS.



/___/  I ACCEPT.

/___/  I DO NOT ACCEPT AND WILL NOT USE THIS SERVICE 

Contact Us

If you have any questions about these Terms, please contact us:

By email: support@dreamoway.com