Dreamer Made, LLC (“Dreamer Made”) provides the following Services, which permityou to utilize certain Internet services, and making this content available on yourcompatible devices and computers, only as defined by the terms of this Agreement.Specifically, the Services directly refer to a Dreamer Made website(s) that allow thesubmission of product and/or service ideas and all related intellectual property to receivefeedback from the Dreamer Made community of users (the “Community”) to providefeedback in order for Dreamer Made to make a determination of suitable ideas to bedeveloped, commercialized, licensed and/or sold. This site in its entirety is owned byDreamer Made, LLC a Virginia Limited Liability Company doing business as “DreamerMade.” Reference to the terms “Dreamer Made”, “us”, the “Company” and “we”collectively refer to all the corporate embodiments and affiliations owned by DreamerMade, LLC.
THE EVALUATION, SELECTION, DEVELOPMENT, SALE, LICENSE, AND/ORANY COMMERCIALIZATION EFFORT ARE A RESULT OF THE COMPANY’SSOLE DISCRETION AND DETERMINATION. GIVEN THIS REALITY, THECOMPANY RESERVES THE RIGHT TO REJECT FOR ANY REASON TO (1)REJECT ANY SUBMITTED PRODUCT IDEA; (II) REFUSE TO POST, LIST, ORMENTION ANY SUBMITTED PRODUCT IDEA TO THE SITE(S); (III)TERMINATE ANY PHASE OR DEVELOPMENT STAGE OF A PRODUCT IDEA;(IV) TERMINATE ANY POTENTIAL OR CONSUMMATED SALE AND/ORMANUFACTURE OF ANY SUBMITTED PRODUCT IDEA; OR (V) LICENSE,SELL, OR TRANSFER ANY PRODUCT IDEA AND/OR ANY RELATEDINTELLECTUAL PROPERTY THEREOF TO ANY THIRD PARTY WHATSOEVER.
For purposes of this Agreement, the following terms shall have the meaning ascribed tothem as defined below:
“Community Platform”means the Site Users who contribute to the project ideas in boththe shared and exclusive projects.
“Contributions”means the recommendations, feedback, suggestions, links, files, and/orcontributed ideas by Site Users to the shared and/or exclusive projects.
“Dreamer Made Confidential Information”means all project ideas and User contentsubmitted to the Site(s) by a User, and any confidential information generated by a thirdparty and any other non-public Site Content or related information.
“Exclusive Project Idea”means a User generated idea whereby the idea originatorretains all intellectual property rights to the idea. In this case, Dreamer Made merelyhosts this particular User(s) project idea on the Site(s) without any obligation to develop,commercialize, license, and/or sell said idea. Any and all contributions, suggestions,feedback, idea contribution, etc. to an exclusive project idea shall be determined solely bythe idea originator andnotDreamer Made.
“Intellectual Property”means any invention, idea, discovery, concept, trade name,trademark, copyright, patent, right of publicity, mask work or any other material subjectto, protected under state, federal, or foreign patent, copyright, trade secret, trademark,rights of publicity, or similar laws.
“Intellectual Property Rights”means, with respect to any data, device, or other asset ofany kind, all copyright, patent, trade secret, database, moral, termination, authorship andother proprietary rights relating to any such data, device, object code, source code orother asset including, without limitation, all rights necessary for the worldwidedevelopment, manufacture, modification, enhancement, sale, licensing, use, reproduction,publishing and display of such data, device, object code, source code or other asset.
“Project Idea”means a User contributed project idea to the Community Platform.However, the User submitted project idea(s) may be subject to one or more phases asdetermined by Dreamer Made. These phases may be for unique purposes related to thespecific project idea, e.g. name selection, color scheme, design input, etc. The phasesand/or project ideas may occur before and/or after a project idea is selected fordevelopment, commercialization, production and sale.
“Shared Project Idea”means a User generated idea whereby the idea originatortransfers all intellectual property rights to Dreamer Made. In this case, Dreamer Madeshall have sole determination as to what idea(s) are selected for product development,commercialization, licensing, and/or sale. In the event a shared project idea iscommercialized and generates revenue, then Dreamer Made shall in its sole discretiondetermine the revenue allocation, if any, to contributing Users. In some cases, DreamerMade may take into consideration the votes and/or feedback of contributing users whendetermining final revenue allocation; however, Dreamer Made shall retain sole discretionin final revenue allocation without limitation.
“User”means any person who legally creates an account subject to the rules andconditions of this Agreement and is registered to post content on the Site(s).
“User Account”means a valid legal account created by a User on this Site. Per thepresent terms and conditions, only one (1) user account may be created per person.
A. Age Restrictions.The Services provided by Dreamer Made are onlyavailable to individuals 13 years or older. However, a legal parent or guardian mayestablish an account for an individual 13 years or under with the understanding that theywill supervise said minor’s use of the services. A legal parent or guardian, whoestablishes an account for a minor as described above, should remind the minor about thedangers of conversing with strangers or exchanging any personal content.
Dreamer Made does not collect, use or disclose personal information from minor childrenunder 13 years of age without verified parental consent.
B. Use Limitations.You agree to use the Services for purposes onlypermitted by this Agreement, and to the extent permitted only by applicable law or regulation.
C. User Accounts and Devices.Dreamer Made reserves the right tolimit the number of accounts created from a particular device and the numbers of devicesassociated with a user account.
D. Service Availability.Dreamer Made’ services and its related featuresmay not be available in all languages and/or all countries. Given this possibility,Dreamer Made makes no representation that its services and related features areappropriate or available for use in any specific location. In your election to use andaccess the services, you do so upon your own initiative and compliance with local laws.
E. Changes to Services.Dreamer Made reserves the right to change,modify, or adjust the terms of this Agreement in its sole discretion and at any time.Dreamer Made will make best efforts to communicate such changes, modifications,and/or adjustments to the Agreement terms to you. Continued use of the services afterchanges, modifications, and/or adjustments to this Agreement constitutes your consent tothe revised terms. If you do not agree to Dreamer Made’s changes, modifications, and/oradjustments to the terms of this Agreement then you can promptly terminate the services.
A. Dreamer Made Control of Site(s) and Service.You acknowledgethat Dreamer Made is a site provider that allows Users to interact with each otherregarding content topics, discussions, and ideas chosen by Users. Users have the abilityto change, alter, or modify the information provided on the Site(s) on a real-time basis.As such, Dreamer Made doesnotregulate the content of communications between Usersand as a result has very little control over the User content submitted by Users.
B. BACKUP.As part of its current backup protocol, Dreamer Made creates regularbackups for user data and content. However, even with reasonable skill and carefulbackup measuresREAMER MADE DOES NOT GUARANTEE OR WARRANTTHAT ANY CONTENT YOU MAY STORE, ACCESS, OR DISSEMINATETHROUGH OUR SERVICES WILL NOT BE SUBJECT TO DAMAGE,CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OFTHIS AGREEMENT. AS SUCH, DREAMER MADE WILL NOT BE RESPONSIBLEFOR INSTANCES OF DAMAGE, LOSS, CORRUPTION OR REMOVAL OF YOURCONTENT.You acknowledge and agree that you are responsible to maintain properbackup measures for your content and related data.
A. Account Registration.In order to enjoy the Dreamer Made servicesand specifically our Community platform, you must become a registered user byestablishing a valid Account. You agree and acknowledge that you will takeprecautionary measures to secure your Account and its confidentiality. In the event yourconfidentiality measures are breached or compromised, you agree to notify DreamerMade immediately. Although Dreamer Made will exercise reasonable care with respectto our security protocols, Dreamer Made is not personally responsible for losses that mayarise from the unauthorized use of your Account.
In order to access and use our services, you must enter your email andpassword to authenticate the Account. You agree to refrain from using a username that isthe name of another person other than you or selecting a username that is not lawfullyavailable to use, or violates any trademark or copyright. Usernames that are vulgar,obscene, or offensive will violate the terms of this Agreement and result in Account termination.
Although we take reasonable measures to protect our Account holders, you expresslyagree that you and you alone are responsible for any activity in your Account whether ornot authorized by you, including purchases made using any payment instrument (forexample, PayPal, credit card, or social network or platform virtual currency).Our services provide the Community Platform but you must provide the necessaryequipment (phone, computer, tablet device, etc.) and pay any associated fees.
1. Shared Project.If you elect to submit a shared project to theCommunity Platform then you acknowledge and consent to the automatic grant of all ofyour worldwide right, title and interest in your intellectual property rights to DreamerMade. In addition, you grant a limited license to other Users to access and use your UserContent for their personal use in connection with the shared project concept on the Site.Other than the express use of this limited license for the purposes of a shared project onthe site, no User(s) shall acquire any ownership interest or license to the User’s UserContent in connection with the shared project.
A. Intellectual Property Assignment.In consideration of theservices provided by the Dreamer Made Site(s) to you, including but not limited to the access to contributions by other Users, Dreamer Made’s efforts to commercialize,produce, license, and/or sell your project idea you unequivocally grant all yourworldwide right, title and interests to all related Intellectual Property and/or User Contentand/or Product Ideas without exception. The rights that you have assigned also includethe unlimited exclusive right(s) to sue and recover for any and all infringement ofIntellectual Property Rights and any other associated rights that may arise. You expresslywarrant that you have the right to assign all said rights and covenant that no assignment,encumbrance, or otherwise has been or will be entered into which would conflict with thepresent assignment.
B. Revenue Share.Any revenue share as a result of the production,commercialization, licensing, and/or sale of a shared project idea shall be solelydetermined by the Company. The Company has no obligation to commercialize anyproject idea but will make reasonable efforts to determine if in fact a selected project canbe properly commercialized.
2. Exclusive Project(s).In the event you choose to use our Site and notshare a project idea, then you shall retain all intellectual property ownership and title. Inthis case, the Company is merely providing you with a platform to discuss your idea(s)with other Users. We strongly encourage you to seek out the proper legal advice andrelated contracts to protect your interests. In the event you have a dispute with any Userregarding ownership, licensing, commercialization issues, etc. then you expressly agreeto hold the Company harmless from any and all related disputes.
A. RewardsUsers that utilize our Exclusive Project option have the right but not the obligation to provide rewards to contributing members. In this case, theExclusive Project user may offer cash payment to contributing members via third partybilling parties. For example, an Exclusive Project User may offer a given task,contribution, idea, etc. to a contributing user for a fee agreed to by both parties. Once theparties have consented to this dollar amount then they have the ability to process thistransaction via our third party processing service(s). Users will hold Dreamer Madeharmless from any dispute arising from any incentives offered by Exclusive Project Usersand their contributor(s).
B. No Survivorship Rights.Unless required by law, you agree andacknowledge that your Dreamer Made Account is non-transferable and any rights to yourDreamer Made Account or Content therein terminate upon your death. In the event ofyour death, a valid copy of a death certificate may permit the proper party to terminateyour Account and related Content on your behalf. Contact Dreamer Made Support athello@DreamerMade.com for additional assistance.
C. No Resale of Dreamer Made Services.You agree and acknowledgethat the Dreamer Made Services are proprietary and subject to intellectual propertyprotection. Given this understanding, you agree to refrain from copying, reproducing,selling, reselling, duplicating, trading, or renting the Services (or any part or componentthereof) for any purpose whatsoever.
A. Content.For purposes of this Agreement, “Content” shall mean anyinformation that may be encountered and/or generated via the use of our Services. Thisincludes but is not limited to photographs, written text, graphics, data files, music, videos,voice recordings, sounds, messages, and device characteristics. Given this definition andprovided examples, you agree and acknowledge that you are solely responsible for theContent originated by you whether it is privately transmitted or publicly posted via ourServices. You acknowledge and agree that by using our Services you may encounterContent that you may deem to be inappropriate, offensive, indecent, or objectionable. Bythe same token, you agree that the Content you may generate or disseminate may beobjectionable to others. Due to this phenomenon, Dreamer Made does not control saidContent no matter how it is generated or disseminated. As such, you agree that your useof our services is at your own election and resident risk.
B. User Conduct.By agreeing to the terms of this Agreement, youexpressly refrain from NOT using our Services in the manner described below to:
1) engage in any act that would result in copyright infringement or otherintellectual property infringement (including but not limited to trade secret, trade dress, orother confidentiality agreements);
2) misrepresent your identity (including misappropriation of another’simage(s), celebrity, charitable or employment group, etc.). Dreamer Made reserves theright to immediately block any attempt to register a user Account that is amisrepresentation of identity;
3) generate or make available Content that is unlawful, harmful,defamatory, tortious, abusive, invasive of one’s privacy, obscene, vulgar, and/orobjectionable as determined by Dreamer Made (including using the means described tostalk, harass, or intimidate another);
4) request as an adult user the personal information from a minor(anyone under the age of 18 or as properly defined by local law) who is not known toyou. Examples of personal information include but are not limited to minor’s homeaddress, full name, postal code or similar identifier, phone number, photographs, school,social affiliations, etc.;
5) upload onto the Services and transmit via any means material(s) thatcontain harmful viruses or programs intended to interfere or disrupt the normal functionof the Services or any computer hardware or software;
6) engage or plan any illegal activity and/or store and collect personalinformation of users of the services for any prohibited activities as described in this Agreement.
C. Content Removal.Dreamer Made does not claim any responsibilityfor the Content that others may provide nor is Dreamer Made bound to pre-screen allContent submitted via the Services. However, Dreamer Made reserves the right in itssole discretion to monitor, screen, move, delete, modify and/or remove Content itdetermines to be in violation of this Agreement.
D. Content Backup.Although Dreamer Made makes reasonable effortsto provide proper care and skill in delivering its services, Dreamer Made does notguarantee, warrant, or covenant that any Content you access and/or store via the serviceswill not be accidentally lost, corrupted, or damaged. Given this reality, you agree andacknowledge that it is your sole responsibility to back up any important Content on yourdevice(s) and/or computer(s).
E. Access to User Account and Content.Dreamer Made intends toenforce this Agreement to the full extent provided by law. As part of that process,Dreamer Made reserves the right to verify and enforce compliance with this Agreementby you. You expressly agree and consent to these efforts by acknowledging that DreamerMade has the right without limitation to use, access, store and/or disclose your Accountinformation and related Content to proper law enforcement authorities, governmententities and/or officials, and/or proper third parties that Dreamer Made believes isnecessary in order to: 1) comply with a valid legal process or request; 2) prevent, detect,or identify fraud or technical issues; 3) enforce the terms of this Agreement including anynecessary investigation thereof; and 4) protect the rights of Dreamer Made, its users, athird party(ies), or the public as permitted by law.
F. Digital Millennial Copyright Act.Dreamer Made makes everyreasonable effort to ensure that its users and their content conform to proper Copyrightstandards. If you believe that any Content that you claim Copyright to has been infringedupon by anyone using our Services, please contact our Copyright Agent athello@DreamerMade.com
G. Agreement Violations.In order to provide a harmoniousenvironment for our users, Dreamer Made makes best efforts to remove inappropriate orobjectionable Content that violates this Agreement. If you encounter inappropriate orobjectionable Content while using our services, please report it to us at hello@DreamerMade.comUser Submitted Content via Dreamer Made Services
1. License from User to Dreamer Made.Dreamer Made does notclaim ownership of the Content and/or materials you upload, submit, or disseminate viaour services with the exception of content and intellectual property assigned to DreamerMade as defined above in cases of Shared Projects. Additionally, Dreamer Made doesclaim ownership of material that we may specifically license to you under the terms of this Agreement. In instances whereby you upload, submit, or disseminate your Contentvia our services and make the Content publicly accessible or accessible to users withwhom you consent to share your Content, you expressly grant Dreamer Made a royalty-free, non-exclusive, worldwide license to distribute, use, reproduce, adapt, modify,translate, publish, publicly display and perform such Content. This license grant fromyou to Dreamer Made is solely for the purpose by which the Content was submitted ormade available without any compensation to you whatsoever.
You acknowledge and agree that any Content in its entirety uploaded, submitted, orposted by you shall be your responsibility. Specifically, this means that you representthat you are the legal owner of this Content and have all relevant and necessary rights,licenses, and authorization to distribute it. Furthermore, you warrant and represent thatsaid Content does not infringe upon the rights of other parties nor is the Content inviolation of local law or authority.
2. Content Changes.The Dreamer Made services require the ability totransmit your Content across various forms of networks and media. In order toaccomplish this capability, Dreamer Made may need to change or modify your Content toensure compliance with technical specifications and requirements of various networks,computers, or devices. You agree and consent to Dreamer Made making these necessaryContent changes.
3. Trademark(s).Dreamer Made and its related trademark(s), designs,logos, service marks, etc. are trademarks or registered trademarks of Dreamer Made, Inc.in the US and abroad where applicable. Dreamer Made does not grant you any right orlicense in its trademarks and you agree to not obscure, remove, or alter the DreamerMade marks contained in any portion of the services.
4. Media Waiver.With respect to the Shared Idea Projects, you agreethat Dreamer Made has the absolute right and unconditional permission to user yourimage, voice, name, rights of publicity, likeness, and any related User compensationinformation in any media whatsoever (including but not limited to print, radio, Internet,and television), world-wide, for the purposes of promoting Dreamer Made’s serviceswithout restriction.
5. User Presentation of Dreamer Made Services and Products.Inthe event users (both Shared Idea Projects and Exclusive Projects) may choose to producea web application (e.g. Facebook page, Twitter feed, personal website, Instagram,Snapchat, etc.) promoting their idea on our platform such application shall comply withthe following guidelines:
a. Each and every page on the application shall post the followinglanguage in an obvious and conspicuous place: “This application and the representationspresented are not affiliated with, nor endorsed by, in any way whatsoever with DreamerMade, LLC. Dreamer Made, LLC assumes no liability for the content submitted in thisapplication.”
b. Any Dreamer Made branding, including but not limited to ourtrademarks, service marks, logos, designs, look and feel of web pages, etc. shall be inaccordance with our current brand appearance and shall not be altered in any waywhatsoever unless given written permission.
c. Any Dreamer Made creative imagery shall include the following: “©Dreamer Made, LLC. All rights reserved.” adjacent to any of our creative imagery.
d. Do not include the Dreamer Made brand name in any domain nameregistration including but not limited to a Facebook URL, Twitter Page URL, Instagramor Snapchat hash tag(s).
e. Do not claim or infer by association any untrue affiliation withDreamer Made or any of its third party affiliates, business and referral partners, etc.
A. Dreamer Made’s Proprietary Rights.As a condition to usingDreamer Made’s Community and services, you acknowledge and agree that DreamerMade and/or its licensors own all legal right, title, and interest to all Community relatedServices. By way of example, these rights include but are not limited to the following:Dreamer Made graphics, user interface, scripts and software used to implement theservices, and any software that Dreamer Made may provide you with in connection to theservices. The described rights also include any and all intellectual property rights thatreside therein, whether registered or not, and wherever in the world they may exist. Youfurther agree that you will not use and/or reproduce any of this proprietary information inany way whatsoever except as defined by this Agreement.
B. License from Dreamer Made.THE USE OF THE SOFTWAREAND/OR ANY PART OF THE DREAMER MADE COMMUNITY AND SERVICES ISSTRICTLY PROHIBITED AND INFRINGES UPON THE INTELLECTUALPROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL ANDCRIMINAL PENALTIES. THE ONLY PERMITTED USE OF THE SOFTWAREAND/OR ANY PART OF THE SERVICES IS OUTLINED ONLY IN THISAGREEMENT.
C. Export Control(s).The use of the Dreamer Made Community andservices may be subject to import and export laws of the United States and othercountries. You agree and acknowledge that you will comply with all import and exportlaws and regulation. Specifically, you warrant and represent that the services and/orrelated software may not be exported or re-exported (a) into any U.S. embargoedcountries or (b) to anyone on the US Treasury Department’s List or Entity List. As aregistered user of the services, you warrant and represent that you are not located in anysuch country or on any such list. This assurance and communication shall survivetermination of this Agreement.
D. Update(s).In order to ensure a proper user experience of theDreamer Made Community and services, Dreamer Made may make regular softwareupdates from time to time. The updates may include new software versions, bug fixes,and feature enhancements or improvements.
A. User Termination.You may delete your user account and stop usingthe Dreamer Made services at any time.
B. Dreamer Made Termination.Dreamer Made may terminate or suspend all or a portionof your account and/or access to the services at any time and/or for any reason.Examples of typical reasons for termination include but are not limited to the following:(a) violations of this Agreement; (b) a request by you to terminate or cancel your servicesaccount; (c) a request and/or order from law enforcement or government entity; (d)unexpected technical or security issues or problems; and (e) your participation in illegalor fraudulent activities. Any account termination or suspension by Dreamer Made shallbe made in its sole discretion and Dreamer Made will not be responsible to you and/orany third parties for alleged resulting damages whatsoever.
C. Termination Effects.Termination of your services account may result inthe loss to all access to the services and any account portions thereof including Content.After a period of time, as determined by Dreamer Made, all data and information storedvia your account shall be deleted.
As part of our services and itsresident features and functions, you may encounter materials from third parties and/orhyperlinks to other Content, resources, or web sites. Because we have no control overthird parties and their related materials, you acknowledge and agree that Dreamer Madeshall not be responsible or liable for any alleged damages you may have incurred eitherdirectly or indirectly.
In order to enjoy our Dreamer Made Community Platform and services,you agree to make payment with appropriate currency. In return, you shall receive alimited license to use our Community Platform and services subject to these Terms of Service.
Once you have created an appropriate account, you will be directed to ourpayment page whereby you will be alerted to payment options to access our CommunityPlatform and Services with respect to the Exclusive Project options. At our solediscretion, we may decide from time to time what you can use to make appropriate payment. After appropriate payment is verified by our third party payment sources, wewill send you confirmation via text or email for the transaction details.
For billing support, you can email us at firstname.lastname@example.org
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUALJURISDICTIONS, DREAMER MADE MAKES THE FOLLOWING EXCLUSIONSTHAT MAY OR NOT APPLY TO YOU.
DREAMER MADE DOES NOT REPRESENT, GUARANTEE, OR WARRANT THATUSE OF THE SERVICES WILL BE ERROR-FREE OR INTERRUPTED, YOUAGREE AND ACKNOWLEDGE THAT DREAMER MADE MAY REMOVE THESERVICES FOR UNDEFINED PERIOD OF TIMES, OR CANCEL THE SERVICESACCORDING TO THE TERMS IN THIS AGREEMENT.
THE SERVICES PROVIDED BY DREAMER MADE ARE OFFERED ON AN “ASIS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THISFACT. IN TURN, DREAMER MADE AND ITS AFFILIATES, SUBSIDIARIES,DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNER, AND LICENSORSEXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHEREXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT.
DREAMER MADE DOES NOT GUARANTEE OR WARRANT THAT THESERVICES WILL BE FREE FROM CORRUPTION, LOSS, VIRUSES, ATTACK,HACKING, INTERFERENCE, OR OTHER SECURITY INTRUSIONS. DREAMERMADE DISCLAIMS ANY RELATED LIABILITY.
YOU AGREE AND ACKNOWLEDGE THAT YOUR DOWNLOADING OF ANYMATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWNRISK. ANY RESULTING OR ALLEGED DAMAGES TO YOUR COMPUTER,DEVICE, OR DATA LOSS THAT RESULSTS FROM SAID DOWNLOADINGSHALL BE YOUR SOLE RESPONSIBILITY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUALJURISDICTIONS, DREAMER MADE MAKES THE FOLLOWING EXCLUSIONSTHAT MAY OR NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DREAMER MADE ANDITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FORANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OREXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FORLOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OFSUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVENIF DREAMER MADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THESERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARYOR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III)THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOURTRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, ORFAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS ORDATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OFANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTERRELATING TO THE SERVICE.
As a requirement to use our services, you expressly agree to defend, indemnify, and holdDreamer Made and its subsidiaries, affiliates, directors, officers, employees, agents, andlicensors, harmless from any claim or demand thereof, including reasonable attorney’sfees, made by a third party, relating to or arising from: (a) any violation by you of thisAgreement; (b) any Content in its entirety that you upload, transmit, or make availablethrough the services; (c) your use of the services; (d) any violation that Dreamer Madedetermines through its reasonable investigations of a suspected violation(s) of thisAgreement; or (e) your violation of another’s rights. This express waiver and indemnityprovision applies to all violations described in or contemplated by this Agreement. Thisobligation shall survive the termination or expiration of this Agreement and/or your useof the services.
A. Notice(s).As part of our regular update policies, Dreamer Made may provide you withnotice regarding the Services, including changes made to this Agreement, via your emailaddress provided to us, regular mail, or postings made to our application product. However, you acknowledge and agree to hold Dreamer Made harmless from any and all notification transmission errors.
B. Governing Law.This Agreement between you and Dreamer Made shallbe governed by the laws of the State of Virginia excluding its personal conflict of lawsprovisions. You agree to submit to the personal and exclusive jurisdiction of the courtslocated in York County, Virginia to resolve all disputes, claims, or allegations arisingfrom this Agreement.
C. Entire Agreement.This Agreement embodies the complete agreement inits entirety between you and Dreamer Made. This Agreement governs your use ofDreamer Made services and replaces any other prior agreements between you andDreamer Made in relation to the services. In the event any of this Agreement is held tobe invalid or unenforceable, that specific portion shall be construed to reflect the originalintentions of the parties, and the remaining portions shall remain in full force and effect.If Dreamer Made does not exercise or enforce any right or provision of this Agreementthen that does not constitute a waiver of such right or provision. You agree that thereshall be no third-party beneficiaries to this agreement.
D. Dreamer Made as defined by this Agreement:
Dreamer Made, LLC. located at 113 Freemoor Drive, Poquoson, VirginiaUnited States of America
E. Electronic Contracting.You acknowledge and agree that your use of theservices includes your ability to enter into agreements or related transactionselectronically.YOUR ELECTRONIC SUBMISSSION TO DREAMER MADEACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THETERMS OF THIS AGREEMENT IN ITS ENTIRETY.In order to access and store yourelectronic transaction records with Dreamer Made, you accept full responsibility forinstalling required hardware and software.
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