Welcome to the DreamsCloud website (the “Site”), operated by Dreams Book, Inc (“DBI”), which is an exciting online platform where people, 13 years and older, can record, share, and analyze their dreams and other thoughts. Each registered user (“Registered User”) of the Site has his or her own profile that the Registered User will populate with information about himself or herself, including his or her demographic information, dreams, thoughts, photos, and more (“Profile Page”).
While you can visit our Site without registering and may view Profile Pages that Registered Users created, in order to provide Content or to obtain access to certain other materials or information from our Site, we ask that you become a Registered User. To join the Site as a registered User, go to www.dreamscloud.com.
The Site may include information regarding DBI and its services and related Sites, information about Registered Users, and links to third party websites. You may download, view, copy and print information, materials and any other aspect of this Site to which you have permitted access (i) solely for your personal, informational purposes and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.
You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the account or computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Site.
You agree not to access or attempt to access any password-protected portions of the Site without an authorized password or through any means other than by submitting your authorized password on the appropriate web page or web tools. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy, or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
You may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site, without the prior written permission of DBI, which will be provided in its sole discretion. Notwithstanding the foregoing, you may post links to www.dreamscloud.com in accordance with the terms set forth herein.
Privacy and Your Profile Page. Please choose carefully the information you post on your Profile Page, and the information that you choose to provide to other Registered Users and visitors to the Site. When you provide this information, you should use discretion in including any information that personally identifies you, such as your name, telephone number, street address, email address, photograph, voice file, etc.
Your Grant of Rights to DBI. By uploading or submitting Content, you grant DBI a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to use, copy, reformat, index, modify, display, and distribute your Content for purposes of providing our services (as such services may change over time) and promoting the Site, affiliated sites, any other sites owned or operated by DBI, as well as any DBI products and services. You agree that we may freely distribute your Content amongst DBI affiliates, subsidiaries and related companies. No compensation will be paid with respect to our or our affiliates’, subsidiaries’ or related companies’ use of your Content under this grant.
Your Grant of Rights to Other Registered Users For Noncommercial Purposes. By uploading or submitting Content and granting access to other Registered Users of your Content, you are also granting to all Registered Users (“Registered User Licensees”) a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to use your Content, provided that a Registered User Licensee meets and maintains each of the following conditions: (i) the Content shall not be used for commercial purposes, (ii) no Content shall be used or posted outside of the Site, unless it is done in accordance with the terms set forth herein, and (iii) under no circumstances shall a Registered User exercise these rights with respect to your Content by modifying or changing the Content without your express permission. No compensation will be paid with respect to Registered Users’ use of your Content under this grant.
Use of Profile Pages and Content in Promotions. To promote and illustrate our services and the Site, we may choose to post on the Site, Profile Pages and other Content of our Registered Users. You acknowledge that we will be entitled to use these Registered Users’ Profile Pages and Content in connection with our advertisements and promotions for the Site.
Our Site may provide Profile Pages, interactive forums such as blogs, chat rooms, message boards, email services, and other services that allow you to interact with other Registered Users and visitors of the Site (“Interactive Services”). As a condition to your use of the Site, the services provided by the Site, and the Content, including the Interactive Services, you agree to follow our Code of Conduct, set forth below. Under this Code of Conduct, you will not:
We will enforce the above Code of Conduct wherever we deem necessary. Please understand, however, that DBI does not control, and does not necessarily endorse, the Content found in any Interactive Service. When you participate in the Interactive Services, you do so at your own risk, and we expressly disclaim responsibility for the Content found in these Interactive Services.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DBI MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DBI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, DBI MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL DBI OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF DBI OR ITS AFFILIATES (THE “DBI PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
The “Dreams Cloud”, “In Touch”, “Mystery Pen Pal”, “Cultural Lens”, and “Dreams Book” words name and logo and other marks displayed on our Site are the proprietary service marks or trademarks of DBI or third parties. DBI’s marks may not be used in connection with any product or service that is not DBI’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit DBI. All other trademarks and service marks not owned by DBI that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DBI. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the service mark or trademark owner.
All content on this Site (other than that provided by Registered Users), including, but not limited to, works of authorship, publications, presentations, directories, design, text, graphics, music, sound, videos, photos, logos, files, images, data compilations, information, comments/feedback or other content; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site are the property of DBI or its licensors and are protected by United States and international copyright and other intellectual property laws.
You may include on your website a link to www.dreamscloud.com, provided that (i) your website does not contain content that infringes any intellectual property or other proprietary right of DBI or a third party; is defamatory, libelous or expresses hate; is pornographic, obscene or exploitative of a minor; or otherwise violates any applicable treaty, law or regulations, and (ii) neither the link nor any other content on your site suggests your site is sponsored by or affiliated with DBI or this Site. We reserve the right to revoke, at any time, this consent to any links to www.dreamscloud.com.
The Site may provide links to third parties. You acknowledge that, at any time, DBI may display on this Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. DBI is not responsible for the content of such advertisements or links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by DBI of the advertisement or linked site or any content therein. IN NO EVENT WILL DBI BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON OUR SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
All comments or feedback which are solicited by or provided to DBI regarding your experiences with, preferences for, opinion of or suggestions regarding this Site (collectively, “Feedback”) shall be considered non-confidential and DBI’s property. By submitting such Feedback to DB, you agree that you assign to DB, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that DBI shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.
DBI does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Site (“Third Party Content”). Any Third Party Content placed on the Site are the views and responsibility of those who post the statements, and do not necessarily represent the views of DBI.
At any time, without notice to you, and for any or no reason, DBI may modify or discontinue the Site. DBI shall in no way be held liable for any consequence which results from DBI’s decision to modify or discontinue providing the Site.
DBI may prohibit you from using or accessing the Site and/or remove your Profile Page and Content for any or no reason, at any time, in its sole discretion, without notice to you.
DBI respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide DBI the written information specified below. Please note that this procedure is exclusively for notifying DBI that your intellectual property rights have been infringed.
DBI’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:
Intellectual Property Agent
Brian K. Goodkind
Goodkind & Florio, P.A.
4121 La Playa Blvd.
Coconut Grove, FL 33133