Dreamscloud terms of use

Welcome to the DreamsCloud website (the “Site”), operated by DreamsBook, Inc (“DBI”), which is an exciting online platform where people 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”).

To assist you in using this Site, and to ensure a clear understanding of the relationship arising from your use of this Site, we have created (i) these DreamsCloud Terms of Use (“Terms of Use”), and (ii) the DreamsCloud Privacy Policy (“Privacy Policy”). The Privacy Policy explains how we treat information you provide to us through the Site and the Terms of Use govern your use of the Site. Our Privacy Policy is incorporated by reference into these Terms of Use. To view the Privacy Policy, click here. Our Terms of Use and Privacy Policy apply to any visitor to the Site (collectively, “you”).

These Terms of Use govern (i) your use of the Site, (ii) your provision of content, including works of authorship, publications, 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 (“Content”) to the Site, and (iii) your use of Content obtained through the Site. Please read these Terms of Use carefully; they impose legal obligations on you and on DB, and establish our legal relationship.

BY ACCESSING OUR SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE LEGALLY BOUND BY THEM.

While you can visit our Site without registering and may view Profile Pages that Registered Users have set to be public, 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.

DBI reserves the right to make changes at any time to the Site or these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.


Use of the Site

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.


Unauthorized Use of the Site

DBI reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to the following: (i) unauthorized access to the Site through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; (ii) interference with the Site; (iii) action that imposes an unreasonable load on the Site; or (iv) any link to any page of the Site that is not in accordance with the terms set forth below in www.dreamscloud.com and as otherwise provided herein. DBI’s decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of these Terms of Use or DBI’s legal rights.


Registered Users and Profile Pages

Registered Users are invited to post Content to connect with other Registered Users and to fully enjoy our Site for all purposes permitted in these Terms of Use. The following specific provisions govern the creation and use of Profile Pages, and the uploading or submission of Content.

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.

Except as specified in these Terms of Use or the Privacy Policy, DBI will not further distribute or use your Content without your consent. As noted above, DBI may share your Content, as well as any information you submit to the Site, with its affiliates, subsidiaries and related companies.

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.

Rights You Must Have in Your Content. When you upload or submit Content to our Site, you represent and warrant (i) that you hold all rights needed to grant requisite rights under “Your Grant of Rights to DB” and under “Your Grant of Rights to Other Registered Users for Noncommercial Purposes,” (ii) that you own the copyright or trademark right in all Content subject to copyright or trademark protection (or have been given needed permissions by the copyright/trademark owner, or use the Content under “fair use” principles), and (iii) that each person depicted in images or identified in text in your Content (if any), has provided you with consent to use the Content as set forth in these Terms of Use.

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 who have set their Profile Pages and Content to be public. 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.

Notwithstanding anything to the contrary above, there are certain restrictions relating to uploading or submitting Content for use on the Site. These restrictions are set forth in the “Code of Conduct” below. The foregoing and the “Code of Conduct” are also applicable to other Registered Users. Despite this, Content provided by other Registered Users may, in whole or in part, be unauthorized, inappropriate, impermissible or otherwise violate these Terms of Use. While DBI reserves the right to remove or edit any Content, DBI does not, and has no obligation to, monitor or review Profile Pages, interactive forums such as blogs, chat rooms, message boards, etc. that may be provided on the Site, or Content otherwise uploaded or submitted by Registered Users. Regardless of any monitoring that DBI may undertake, it takes no responsibility and assumes no liability for any Content uploaded or submitted by you or any other Registered User. Registered Users are solely responsible for their interactions and communications with other Registered Users. DBI does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of Registered Users. Further, DBI is not responsible for any off-site conduct of any Registered User. DBI reserves the right, but has no obligation, to become involved in any way with disputes between you and other Registered Users. If you become aware of misuse of the Site by any person, please contact DBI by clicking on the Feedback link on the applicable page. Registered Users may also block other Registered Users from contacting them through the Site.


Code of Conduct

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:

  • Upload, submit, email or otherwise transmit any images or other Content that are unlawful, defamatory, libelous, obscene, harmful, hateful, invade the privacy of any third party, advocate the harassment of another person, contain nudity or pornography, exploit a minor, relate to an “x-rated” movie or DVD, contain a link to an adult website or are otherwise objectionable.
  • Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
  • Copy, demonstrate, edit, modify, reproduce, duplicate, republish, transmit, distribute, sell, reverse-engineer, reverse-assemble or reverse-compile, with respect to any Content on the Site without DBI’s permission. Notwithstanding the foregoing, you may post links to www.dreamscloud.com in accordance with the terms set forth below in "www.dreamscloud.com" and as otherwise provided herein.
  • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing, including using a false email address, impersonating any person or entity, or otherwise attempting to mislead as to the origin of any communication which you originate through the Site.
  • Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials, such as music, videos, games, images, and text in electronic form, can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Site without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
  • Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  • Use the services of the Site to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms of Use.
  • Use the Site in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site, such as through sending “spam” email.
  • Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Site.
  • Undertake any activity which causes any disadvantage or damage to DBI, the other Registered Users or other third parties.
  • Upload or submit any information that by its disclosure violates any agreement or other obligation to which you are bound.
  • Use the Site for political campaigning, commercial solicitation, chain letters, mass mailings, “junk mail,” unsolicited commercial emails or any form of “spam.”
  • Solicit personal information from any one under the age of 13.
  • Use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or deemed inappropriate by DBI. For example, you will not use the Site, the services of the Site, or the Content to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

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.


Disclaimer of Warranties and Limitation of Liability

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.


Indemnification

You agree to indemnify and hold the DBI Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) your use of the Site or any content, information, materials or services contained, displayed or available therein, (ii) your violation of these Terms of Use, or (iii) your violation of any rights of any third party.


Trademarks and Copyrights

The “DreamsCloud”, “In Touch”, “Mystery Pen Pal”, “Cultural Lens”, and “DreamsBook” 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.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of DBI or any other person.


Links to DreamsCloud

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.


Third Party Advertisements and Links to Third Party Sites

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.


Feedback

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 Comments of Users

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.


Modification or Discontinuance of the Site by DB

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.


Denial of Access

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.


Governing Law/Waiver of Jury Trial

The laws of the State of Delaware will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of these Terms of Use or your use of the Site shall be brought in state or federal court in Fairfax, Virginia, and you consent to the jurisdiction of such courts.

YOU AND DBI EACH HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU OR IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE. WE EACH ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.


Miscellaneous

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. DBI’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless DBI agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and DBI with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and DBI with respect to such subject matter.


Contact

If you have any questions relating to these Terms of Use, the Site or DB, please contact: contact@dreamscloud.com


Notice and Procedure for Making Claims of Intellectual Property Infringement

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.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • A description of the intellectual property right that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

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
DreamsBook, Inc
C/O DLA Piper
1775 Wiehle Avenue
Suite 400
Reston, VA 20190