Last Updated: April 29, 2022
IMPORTANT -- PLEASE READ THESE TERMS CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN YOU AND DREAMWORLD GOVERNING YOUR USE OF THE SOFTWARE. BY PURCHASING A LICENSE TO THE SOFTWARE AND/OR ANY ADD-ONS, OR OTHERWISE USING OR ACCESSING THE SOFTWARE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, DOWNLOADING OR INSTALLING THE SOFTWARE YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, INCLUDING, WITHOUT LIMITATION, ALL OF THE ADDITIONAL TERMS SPECIFIED IN SECTION 2); (2) REPRESENT AND AFFIRM THAT YOU MEET THE ELIGIBILITY REQUIREMENTS IN SECTION 1 BELOW; AND (3) YOU AGREE THAT YOU ARE ENTERING INTO THESE TERMS (INCLUDING ALL OF THE TERMS AND CONDITIONS SPECIFIED OR REFERENCED BELOW) WITH DREAMWORLD REALITIES, INC.
NOTICE OF AGREEMENT TO ARBITRATE: THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AS SET FORTH IN, AND SUBJECT TO, SECTION 14.
NOTICE OF WARRANTY & LIABILITY DISCLAIMERS: PLEASE BE ADVISED THAT DREAMWORLD DOES NOT PROVIDE ANY WARRANTIES TO YOU AND THESE TERMS LIMIT OUR LIABILITY TO YOU. PLEASE SEE SECTIONS 8.5 AND 12 FOR FURTHER INFORMATION.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OR DO NOT MEET THE ELIGIBILITY REQUIREMENTS, DO NOT PURCHASE OR OTHERWISE OBTAIN A LICENSE TO THE SOFTWARE, DO NOT DOWNLOAD AND/OR INSTALL THE SOFTWARE, AND DO NOT OTHERWISE ACCESS OR USE THE SOFTWARE.
ELIGIBILITY. You must be at least 18 years old or the age of majority in your jurisdiction purchase a license to the Software and to create and account to access and use the Software (an “Account”). Minors under 18 and at least 13 years of age or the equivalent age as specified by law in the applicable jurisdiction (e.g., 16 years of age if you are located in the European Economic Area (EEA)) are permitted to access and/or use the Software and create an Account only if they have the appropriate permission from, and are under the direct supervision of, their parent or legal guardian who meets the eligibility requirements above. You affirm and represent and warrant, : (a) that you are at least 18 years old or the age of majority in your jurisdiction, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and (b) if applicable, that you are the parent or legal guardian of a minor user that is at least13 years of age or the equivalent age as specified by law in the applicable jurisdiction and you are directly supervising the use of the Software by such minor user.
PRIVACY. If you provide us any personal information in connection with your access and/or use of the Software, DreamWorld will process such personal information as described in these Terms and DreamWorld’s Privacy Notice. By using the Software, you acknowledge and agree that DreamWorld can process your information in accordance with these Terms and as set forth in the Privacy Notice.
ADDITIONAL TERMS. When using the Software, and/or other particular features, services, content, or materials through or in connection with the Software, you may be required to accept and agree to additional terms, policies and/or operating rules and procedures in order to use the Software and/or such other features, services, content, or materials (the “Additional Terms”). If you do not accept and/or agree to such Additional Terms, you may not be able to use or continue using the Software and/or the applicable features, services, content, or materials to which such Additional Terms apply. For the avoidance of doubt, DreamWorld’s Privacy Notice and DreamWorld’s Content Standards & Community Guidelines (hereinafter, the “Standards and Guidelines”) are deemed “Additional Terms” as such term is used herein. All such Additional Terms are hereby incorporated by reference into these Terms. In the event the provisions of any Additional Terms conflict with these Terms, the Additional Terms shall control solely with respect to the subject matter covered by such Additional Terms.
DREAMWORLD’S RIGHT TO CHANGE THESE TERMS & THE SOFTWARE
Modifications to these Terms. DreamWorld reserves the right to update or modify these Terms at any time. Except as otherwise stated in this Section 4.1, all updates and modifications to these documents will be effective from the day they are posted online at https://www.playdreamworld.com/pages/terms-of-use. If we make any material changes to these Terms, we will post a notice of the changes on our website at www.playdreamworld.com (the “Site”), and if we have an email address on file for you, we may notify you of these changes by sending a notification to such email address. It is your responsibility to regularly visit and review these Terms. If you do not agree to any updates or modifications to these Terms, simply do not use or access the Software and terminate your Account, if applicable. Your continued use of the Software after we have posted the revised Terms, or, in the event of material changes, ten (10) days following the date DreamWorld first notified you of such material changes either through the Site, and/or via email, as applicable, signifies to us that you acknowledge and agree to be bound by the revised Terms.
Changes to the Software. DreamWorld reserves the rights to either temporarily or permanently modify, suspend or discontinue the Software (or any part thereof, including, without limitation, any old or pervious version of the Software), in whole or in part, with or without notice. You agree that DreamWorld will not be liable to you or to any third party for any modification, suspension or discontinuance of the Software (or any part thereof).
Term. These Terms will remain in full force and effect as long as you continue to access or use the Software (or any part thereof), or until terminated in accordance with the provisions of these Terms.
Termination. You may terminate these Terms at any time by providing DreamWorld written notice of such termination to email@example.com; subject line: “Notice of Termination.” At any time, DreamWorld may suspend or terminate your rights to access or use the Software (or any part thereof), or terminate these Terms with respect to you if, at DreamWorld’s reasonable determination, you have used the Software (or any part thereof), and/or or any other material or services provided by DreamWorld: (a) in violation of these Terms, including any incorporated guidelines, terms or rules; or (b) in a manner that violates laws, creates an excessive burden or potential adverse impact on DreamWorld’s systems.
Effect of Termination. Upon termination of these Terms, your Account and your right to use the Software will automatically terminate, and you agree to cease all use of the Software and permanently delete the Software, and all copies thereof, from all your computer devices.
Survival. Please note that even if these Terms are terminated, the rights and obligations applicable to you and DreamWorld under the following Sections shall survive any termination: 1, 2, 3, 4, 5.3, 5.4, 6, 7.2, 7.3, 7.6, 7.7, 7.8, and 8 through 16.
ACCESS CODES; ACCOUNTS, USERNAMES & CONSENT TO ELECTRONIC COMMUNICATIONS
Access Code. Please note that in order to download and/or install the Software, you must have the access code provided by DreamWorld to you when you purchased or otherwise obtained a license to the Software (the “Access Code”).
Accounts. To access and use certain features of the Software you may need to create and register an Account. In registering an Account, you agree to provide and maintain up to date information that is true, accurate, current, up to date, and complete. You agree that you will not (a) create an Account using a false identity or information, and (b) create an Account or use the Software if you have been previously removed or banned by us from use of the Software, or any part thereof. You acknowledge and agree that you may only register one individual Account at any given time for your use of the Software. Without limiting the foregoing, DreamWorld reserves the right to limit the number of Accounts that can be created from any one computer device and the number of computer or mobile devices that can access an individual Account. In addition, without limiting any other rights or remedies of DreamWorld under these Terms and/or any Additional Terms, DreamWorld reserves the right to terminate any or all multiple Accounts controlled by a single individual and/or Accounts that are inactive for an extended period of time.
Account Security. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your Account and your Access Codes (collectively, your “Credentials”). You are solely responsible for any activity originating from your Account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your Account /or any breach of security, loss, theft or unauthorized use of your Credentials.
Usernames. You may be required to create a “username” or an “avatar” in connection with the use of the Software. You understand and agree that your username and/or avatar are linked to your Account and will be publicly displayed, as such, you should refrain from using identifying information (such as your name or an image of yourself) in your username or avatar. In addition, you understand and agree that you may not use a username and/or an avatar which is already in use by someone else or which does not meet the requirements of these Terms (including without limitation the Standards and Guidelines). We reserve the right to refuse registration of, or cancel, any username and/or avatar in our sole discretion.
Electronic Communications. By using the Software, you consent to receiving electronic communications from DreamWorld, including, but not limited to, communications sent via email or notifications posted on our Site. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to your use of the Software. These electronic communications are part of your relationship with DreamWorld and you receive them as part of your purchase. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
LICENSE TO THE SOFTWARE
License to the Software. Subject to your compliance with these Terms (including, without limitation, the Standards and Guidelines and any other applicable Additional Terms and payment of applicable fees), DreamWorld hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to install and use the Software on a computer device owned and/or controlled by you, solely for your personal, non-commercial use, and otherwise in accordance with these Terms.
Prohibited Use. You agree that you will not, and will not permit any other person to:
Modify, adapt, translate or create derivative works based on the Software (or any part thereof), or any related documentation;
Reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Software, except as expressly permitted by applicable law;
Distribute, license, sublicense, assign, transfer or otherwise make available to any third party the Software, any related documentation or your Access Code;
Remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of DreamWorld or its suppliers on or within the Software, or related documentation;
Use the Software to store or transmit malicious code or infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
Interfere with or disrupt the integrity or performance of the Software or any system, network or data;
Attempt to gain unauthorized access to the Software (or any part thereof) or content, or its related systems or networks or;
Frame or utilize framing techniques to enclose the Software, Content, or any portion thereof;
create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for the Software (whether in an online multiplayer game or in a single player game over the internet or in local area network);
Use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Software or content, or the personal information of others without our prior written permission or authorization;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Use the Software in violation of these Terms, the Content Standards and Community Guidelines, and/or any other Additional Terms; or
Use the Software in violation of any applicable local, state, national or international law, including, without limitation, any and all applicable export laws.
Reservation of Rights. DreamWorld reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by DreamWorld. You acknowledge and agree that your use of the Software does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software, including but not limited to any in-game rewards, achievements, character levels, game progress, or in-game purchases or, unless you have paid applicable fees, the right to access any New Versions and/or Add-ons.
Updates, Upgrades and Patches. DreamWorld may provide patches, updates, or upgrades to the Software (collectively, “Updates”) that must be installed in order for you to continue to use the Software. DreamWorld may remotely apply and/or implement Updates without notifying you, and you hereby consent to DreamWorld applying such Updates. For the avoidance of doubt, Updates are included in the defined term “Software.” Notwithstanding the foregoing, you acknowledge and agree that DreamWorld does not have any maintenance or support obligations with respect to the Software.
License Verification & Performance Monitoring. Please note that the Software may contain automated reporting routines that will automatically identify and analyze certain aspects of use and performance of Software and/or the systems on which they are installed, as well as the operator and operating environment (including features used and problems and issues that arise in connection therewith) and provide reports to DreamWorld. DreamWorld uses such information to improve the Software and for license verification. By using the Software, you expressly agree to such monitoring and automated reporting.
Additional Use Limitations and Usage Data. You acknowledge that DreamWorld may establish general practices and limits concerning the use of the Software, including without limitation the maximum period of time that data or other content will be retained by DreamWorld and/or available through the Software and the maximum storage space that will be allotted on DreamWorld's servers on your behalf. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software may cease to be available to you at any time without notice from DreamWorld, including without limitation after an Update is applied by DreamWorld. You agree that DreamWorld has no responsibility or liability for the deletion or failure to store any data or other content uploaded, transmitted, maintained, stored and/or processed through or in connection with the use of the Software, including, without limitation, following any Update. You further acknowledge that DreamWorld reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Responsibility for Equipment and Internet. You acknowledge and agree that your use of the Software is dependent upon a computer and other hardware and equipment. In addition, access to certain functionality and features of the Software, such as, by way of example only and without limitation, the ability to save game progress, achievements, and/or interactions with other users, requires appropriate telecommunications and Internet services. You shall be solely responsible for acquiring and maintaining all telecommunications, network and Internet services and other hardware and software required to access and use the Software, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. DreamWorld shall not be responsible for any loss or corruption and/or loss of any content and/or data, or any other loss or damage of any kind arising from any such network and Internet services and/or any other hardware and software required to access and use the Software.
Open Source Components. The Software may contain third party software, including, without limitation, open source software components that are licensed under separate license terms and conditions (collectively, “Open Source Components”). Open Source Components are not licensed under these Terms, but are instead licensed under the terms of the applicable license agreement for such Open Source Components, which are located in a text file called “License Text” in the installation package of the Software. Your use of Open Source Components is subject to the terms of each applicable license. Notwithstanding any provision herein to the contrary, you are solely responsible for your compliance with such licenses. As used in these Terms, the defined term “Software” does not include Open Source Components.
USER CONTENT AND USER INTERACTIONS
User Content. Subject to the licenses you grant us in these Terms, as between DreamWorld and you, you will retain ownership of any messages, photos, video, audio, images, data, information, text and/or any other content or materials that you post, submit, transmit, and/or upload, or otherwise provide us, in connection with the use of the Software, including, but not limited to, your use of any voice chat features enabled through the Software (collectively, “User Content”). Please be advised that, any User Content posted or submitted to or in connection with public chats, events, contests, forums, message boards, or other communication tools through the Software will be considered non-confidential and non-proprietary. In addition, please note that if you enable or turn-on the voice chat feature while using the Software, the voice chat feature and your microphone will remain on as the default setting for your current session and any subsequent sessions until you disable or turn-off voice chat. You can view your microphone and voice chat options in the settings menu of the Software.
Responsibility for User Content. You acknowledge and agree that you, and not DreamWorld, are solely responsible for any User Content submitted, transmitted and/or contributed by you, including the legality, reliability, accuracy and appropriateness of such User Content. By providing User Content, you represent and warrant that: (a) you own or control all rights in and to User Submission, and have the necessary rights to grant the licenses granted to DreamWorld in Sections 8.4 below; (b) you have obtained all permissions and/or approvals as may be necessary or required to transmit User Content, or any personally identifiable information therein, in connection with the use of the Software; and (c) all of your User Content does and will comply with these Terms, including, without limitation, the Standards and Guidelines.
Violations of Standards and Guidelines. DreamWorld takes conduct and use violations very seriously. If you post, submit or otherwise provide User Content or engage in behavior in any manner in violation of these Terms, including, without limitation, the Standards and Guidelines, or in a way that DreamWorld deems to be unacceptable (in its sole discretion), such use may result in immediate account suspension or cancellation and the possibility that DreamWorld will pursue civil remedies. In addition, without limiting any other rights or remedies of DreamWorld hereunder, DreamWorld retains the right to remove any User Content that it deems, in its sole discretion, unacceptable and/or in violation of these Terms, including, without limitation, the Standards and Guidelines.
License to User Content. By providing User Content, you grant DreamWorld a worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (including through the use of subcontractors) to copy, reproduce, use, host, store, transfer, publicly display, publicly perform, transmit, reproduce, modify (for the purpose of formatting for display), and distribute your User Content, in whole or in part, in connection with your use of the Software, and as reasonably necessary to provide the Software to you and other users of the Software. DreamWorld will not review, share, distribute, or reference any User Content except as provided in these Terms, the Privacy Notice, or as may be required by law.
Interactions & Disputes with Users. DreamWorld does not conduct any verification of its users, and does not, and cannot, represent, warrant or guarantee any such person or entity’s identity or whether such person or entity is trustworthy. You are solely responsible for making your own decisions about the suitability of others with whom you contact and/or interact with through the Software. You acknowledge and agree that your interactions and dealings with other users of the Software, are solely between you and such other users, and any disputes between you and any other user(s) must be resolved solely between you and the other user(s). DreamWorld is not responsible for any loss, harm of damage of any sort incurred by you or any other user as a result of such interactions, dealings, communications and/or disputes, and DreamWorld has no obligations to become involved in any resulting dispute. YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, AGENTS, AND ANYONE ELSE CLAIMING BY OR THROUGH YOU, HEREBY EXPRESSLY RELEASE, DISCHARGE, AND HOLD DREAMWORLD AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, SUCCESSORS OR ASSIGNEES (THE “RELEASED PARTIES”) HARMLESS FROM, AND WAIVE ANY AND ALL CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH), DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR interactions, dealings, communications and/or disputes with other users. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY WAIVE, ON BEHALF OF YOURSELF AND YOUR SUCCESSORS, ASSIGNS, REPRESENTATIVES, EMPLOYEES, AGENTS, CLIENTS, AND ANYONE ELSE CLAIMING BY OR THROUGH YOU, 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.”
PURCHASE & PAYMENT TERMS
Transactions. When you place and order to purchase a license to access the Software and/or place an order to purchase access to New Versions and/or Add-ons (each, an "Order"), you will be asked to supply certain information relevant to your Order including, without limitation, your credit card number, the expiration date of your credit card (and CCV#), your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Order. By submitting such information, you grant DreamWorld the right to provide such information to our third party service providers for purposes of facilitating the completion of Orders initiated by you or on your behalf. Verification of your information may be required prior to the acknowledgment or completion of any Order.
Orders. You agree that by placing an Order, you are entering into a binding contract with DreamWorld and agree to pay all charges that may be incurred by you or on your behalf in connection with your Order, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Order.
Order Acceptance; Cancellation. We reserve the right to accept or reject any Order in our own discretion. Should we elect to accept your Order, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any Order once accepted by us at any time in our sole discretion. Additionally, you have the option of cancelling your Order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
Electronic Delivery. If you have purchased a license to the Software, then following DreamWorld’s acceptance of your Order, DreamWorld will issue an Access Code along with instructions to download and/or install the Software to the email provided on the Order. The Access Code and Software (and any Updates) shall be delivered by DreamWorld solely in electronic form. Add-ons will be made available remotely online through the Software and associated with your Account. Notwithstanding anything contained in these Terms and/or the applicable Order, you acknowledge and agree that all delivery dates are estimates only. Risk of loss passes to you upon the date DreamWorld issues the Access Code to you and/or otherwise makes available the Software to you (including, without limitation, any New Versions and/or Add-ons purchased by you). The Software (including any Updates) and any New Versions and/or Add-ons purchased by you hereunder will be deemed accepted upon DreamWorld making the Software, or the relevant Update, New Versions and/or Add-on, as applicable, available to you.
Our Right to Limit and/or Restrict Orders and/or Transactions. Without limiting our rights in Section 9.3, we reserve the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of in-game purchases and/or discontinue the Software and/or products, content and/or materials offered as in-game purchases; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all Order(s); and (d) refuse to provide any user with the Software and/or in-game purchases.
Payment Terms. By submitting an Order, you agree to, and shall, pay DreamWorld, and hereby expressly authorize DreamWorld and its third party payment processors to charge you for, the fees specified in the Order submitted by you to DreamWorld, in accordance with the payment terms set forth in these Terms and as specified in the Order. The fees are exclusive of all applicable sales, use, value-added and other taxes, or other similar charges, and you will be responsible for payment of all such taxes (other than taxes based on DreamWorld’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Software, and/or any other products, content and/or materials provided by DreamWorld hereunder, or performance of any services by DreamWorld.
No Refunds or Returns. THE FEES PAID BY YOU FOR LICENSES TO THE SOFTWARE AND/OR ADD-ONS ARE NON-RETURNABLE AND NON-REFUNDABLE. You agree not to make any chargebacks, and/or deny or reverse any Orders made by you hereunder, and you will reimburse DreamWorld for, and indemnify and hold DreamWorld harmless from and against, any chargebacks, denial or reversal of any Orders you make and any loss suffered by us arising therefrom.
Changes in Fees & Payment Terms. DreamWorld reserves the right to change its fees and payment terms at its discretion; provided however, DreamWorld will provide you reasonable prior notice of any changes to the fees that may affect the Software you have purchased, including through notices posted on our Site or sent to the e-mail address we have on file to you.
DreamWorld’s Proprietary Rights
Ownership. As between you and DreamWorld, DreamWorld and its licensors retain all right, title and interest in and to the Software (including any and all Updates, New Version, and Add-ons), and (except for your User Content) any and all content, messages, data, text, graphics, images, photos, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Software, and any and all modifications, enhancements and updates thereto. All DreamWorld trademarks are strictly owned by DreamWorld, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license or other rights to any DreamWorld trademark without written authorization from DreamWorld. The trademarks, service marks, logos, and/or names of individuals, companies and/or products mentioned through the Software may be the trademarks of their respective owners. The Software (and its underlying technology), and all parts thereof, are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
Feedback. You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Software, including, without limitation, the functioning, features, and other characteristics thereof (“Feedback”) may be used by DreamWorld without compensation or attribution to you, and you hereby grant DreamWorld, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all your intellectual property rights in and to such Feedback, for DreamWorld to use and exploit for any purpose.
INDEMNIFICATION – OR WHAT HAPPENS IF WE GET SUED. We hope this never happens, but if DreamWorld gets sued because of something that you did, you agree to defend and indemnify us. This means that you agree to defend DreamWorld, its employees, contractors, and/or agents, and hold us harmless from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from (a) your breach of these Terms, including, without limitation any Additional Terms, (b) your use or misuse of the Software (or any part thereof), (c) your User Content, (d) your breach of any law or the intellectual property and/or privacy rights of a third party, or (e) any disputes between you and any other user. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
DISCLAIMERS & LIMITATIONS ON OUR LIABILITY
No Warranties. THE SOFTWARE (AND ALL PARTS THEREOF), ADD-ONS, AND/OR ANY OTHER CONTENT MATERIALS OR SERVICES PROVIDED BY DREAMWORLD, ARE PROVIDED "AS IS" AND "AS AVAILABLE". DREAMWORLD AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, OR NON-INFRINGEMENT. DREAMWORLD AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY GUARANTEE THAT DEFECTS WILL BE CORRECTED OR THAT THE SOFTWARE (OR ANY PART THEREOF), ADD-ONS, OR ANY OTHER CONTENT, MATERIALS OR SERVICES PROVIDED BY DREAMWORLD: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER DEVICE, OR ANY THIRD PARTY PRODUCTS OR SERVICES; (C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DREAMWORLD, ANY THIRD PARTY, OR THROUGH THE SOFTWARE, SHALL CREATE ANY WARRANTY. This paragraph will apply to the maximum extent permitted by applicable law.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DREAMWORLD BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE TERMS, THE SOFTWARE (OR ANY PART THEREOF), ADD-ONS, AND ANY OTHER content, MATERIALS AND/OR SERVICES PROVIDED BY DREAMWORLD, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF DREAMWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION: (A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF THE FEES PAID TO BY YOU TO DREAMWORLD IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR LIABILITY, OR ONE HUNDRED DOLLARS ($100.00); (B) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (C) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES; (D) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (E) FOR ANY MATTER BEYOND DREAMWORLD’S REASONABLE CONTROL. THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DREAMWORLD DISCLAIMS ALL LIABILITY OF ANY KIND OF DREAMWORLD’S AFFILIATES, LICENSORS AND SUPPLIERS.
Application of Disclaimers and Limitation of Damages on Consumers. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions and limitations set forth in this Section 12 above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
Basis of the Bargain. The warranty disclaimer and limitation of liability set forth above in this Section 12 are fundamental elements of the basis of the agreement between DreamWorld and you. DreamWorld would not be able to provide the Software on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of DreamWorld’s suppliers.
AVAILABILITY OF THE SOFTWARE. Information describing the Software is accessible worldwide but this does not mean the Software, or certain portions thereof, are available in your country. DreamWorld may restrict access to the Software, or portions thereof, in certain countries in its sole discretion. It is your responsibility to make sure your use of the Software is legal in your country of residence. The Software may not be available or accessible in all languages.
GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law. These Terms shall be governed in all respects by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms. Furthermore, these Terms (including without limitation, the Software) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
Disputes. Except as otherwise set forth in these Terms, you agree that any dispute between you and DreamWorld arising out of or relating to these Terms, the Software (or any part thereof, including, without limitation, any Updates, New Versions, and/or Add-ons), and/or any content, materials, and/or services provided by DreamWorld hereunder (collectively, “Disputes”) shall be governed by the provisions set forth in this Section.
Notice of Disputes. A party who intends to seek arbitration or bring other action permitted under this Section 14, must first send a written notice of the Dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Dispute Notice”). DreamWorld’s address for Dispute Notices is: DreamWorld Realities, Inc., Attention: Notice of Dispute, 340 S Lemon Avenue, #2952, Walnut California 91789. The Dispute Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.
Informal Resolution. You and DreamWorld agree to use good faith efforts to resolve the Dispute directly, but if we do not reach an agreement to do so within 30 days after the Dispute Notice is received, you or DreamWorld may commence an arbitration proceeding or other permitted action, as set forth in this Section 14.
Agreement to Arbitrate. In the interest of resolving Disputes between you and DreamWorld in the most expedient and cost-effective manner, and except as described in Section 14.9, you and DreamWorld agree that every dispute arising in connection with these Terms will be resolved by binding individual (not class) arbitration (the “Agreement to Arbitrate”). Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This Agreement to Arbitrate includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. THIS AGREEMENT TO ARBITRATE MEANS YOU AND DREAMWORLD WAIVE YOUR/ITS RESPECTIVE RIGHTS TO A JURY TRIAL. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
THE AGREEMENT TO ARBITRATE AND THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
Arbitration. Any arbitration between you and DreamWorld will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Section 14.6. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with the AAA Rules; (b) the arbitration will take place in the county where you live or at another mutually agreed location; (c) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (d) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise), and provided that, Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person; and (e) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. A party electing arbitration must initiate proceedings by filing an arbitration demand with the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
Fees; Awards. If you commence arbitration in accordance with these Terms, DreamWorld will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000 USD, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse DreamWorld for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
Opting-Out of Arbitration. If you do not wish to resolve disputes by binding arbitration, you may opt out of the Agreement to Arbitrate within 30 days after the date that you first agree to these Terms by sending a letter to DreamWorld Realities, Inc., Attention: Arbitration Opt-Out, 340 S Lemon Avenue, #2952, Walnut California 91789, that specifies: your full legal name, the email address used to register an Account (if applicable), and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once DreamWorld receives your Opt-Out Notice, the Agreement to Arbitrate will be void and the parties agree that the exclusive jurisdiction and venue described in Section 14.11 will govern any action arising out of or related to these Terms. The remaining provisions of this Section 14 will not be affected by your Opt-Out Notice.
Exception to Arbitration. Notwithstanding anything in these Terms to the contrary to the extent you have in any manner violated or threatened to violate any of DreamWorld’s intellectual property rights, DreamWorld may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in the State of California, United States of America, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts. In addition, despite the Agreement to Arbitrate, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; or (c) seek injunctive relief in a court of law in aid of arbitration.
No Class Actions. YOU MAY ONLY RESOLVE DISPUTES WITH DREAMWORLD ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS AREN'T ALLOWED UNDER THESE TERMS.
Enforceability; Venue. If the Agreement to Arbitrate is found not to apply to your or our claim, you and DreamWorld agree that any judicial proceeding will be brought in the federal or state courts located in San Francisco County, California. Both you and DreamWorld consent to venue and personal jurisdiction there.
Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Software (or any part thereof, including, without limitation, any Updates, New Versions, and/or Add-ons), and/or any , content, materials, services provided by DreamWorld to you hereunder must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
COMMERCIAL ITEMS. The Software, and any related end user documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation will be licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.
Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. DreamWorld may freely assign, delegate or transfer these Terms, in whole or in part, including without limitation, its rights and/or obligations hereunder, without your consent.
These Terms are not intended to grant rights to anyone except you and DreamWorld, and in no event shall these Terms create any third party beneficiary rights.
Any waiver of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right.
If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in these Terms.
The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in these Terms and/or its performance shall be construed as creating a joint venture or agency between DreamWorld and you.
These Terms, the Privacy Notice, the Standards and Guidelines, and the Additional Terms, constitute the entire agreement between you and DreamWorld regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described.
Any notice to you may be provided by email and consent to receive such notices via email as set forth in Section 6.5.
The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used in these Terms, the word “including” means “including but not limited to.” You agree that these Terms will not be construed against DreamWorld by virtue of having drafted them. The official text of these Terms (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that these Terms be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language.
QUESTIONS. Please feel free to contact us at firstname.lastname@example.org if you have any questions about these Terms.