Date Last Modified: September 29, 2015
Please read these terms of service carefully as this document is a binding legal agreement (the “Agreement”) between you (“you”) and DLCO (the “Company,” “us,” or “our”) and governs your use of the Dream Lover website, the Dream Lover service, the Contact Service, DL Bookings and any Dream Lover applications (including mobile applications) (together “Dream Lover”). By accessing or using Dream Lover in any manner, you acknowledge that you have read and agree to be bound by the terms and conditions contained herein.
II. USEFUL DEFINITIONS
In this Agreement, we make various references to those who visit Dream Lover and create user accounts (“Members”), to models who offer services through Dream Lover (“Models”), to people who refer prospective Models to Dream Lover (“Liaisons”), and to Members, Models, Liaisons, and all other visitors (collectively, “Users”).
III. SUMMARY OF DREAM LOVER
Dream Lover offers a platform whereby Members can acquire phone numbers to contact and communicate with Models via the Members’ mobile phones (“Contact Service”). Dream Lover also offers a platform whereby Members can book private, live, one-on-one video interaction with Models via a desktop version of Google Chrome or via Skype (“DL Bookings”).
A. The Contact Service, subject to the terms and conditions of this Agreement, works as follows:
(1) A Member purchases account credits (“Coins”).
(2) The Member uses his/her Coins to purchase a private phone number assigned to a specific Model, which will allow the Member to contact the Model, subject to the transactional fees described herein, for a period of thirty (30) days (once this thirty (30) day period expires, the Member will be required to pay an additional fee to keep the Model’s phone number as an active contact).
(3) The Dream Lover system registers the Member’s phone number for that Model, ensuring that the Member cannot effectively share the Model’s phone number with other Users.
(4) The Dream Lover system assigns a unique Dream Lover proxy phone number to the Member. This proxy number is displayed to the Model when the Member contacts the Model instead of the Member’s actual phone number. Be advised that both Models and Members are assigned unique proxy phone numbers for the Contact Service.
(5) Depending on the specific services that the Model offers, the Member may use the Model’s phone number to call the Model and/or exchange short message service (“SMS”) messages or multimedia messaging service (“MMS”) messages with the Model (collectively called “Contact Methods”) (“MMS” messages and “SMS” messages shall be referred to collectively herein as “Messages”).
(6) Depending on the Model, the Member may be charged Coins on a per minute, hourly or other timed basis for any calls made to the Model.
(7) Depending on the Model, the Member may be charged Coins on a per transmission basis for Messages sent to and/or received from the Model.
Models have complete discretion over which Contact Methods he/she offers and whether and how much he/she charges Members Coins for such Contact Methods. Each Model’s profile page on Dream Lover displays the Contact Methods he/she offers and the Coin price for each Contact Method he/she offers.
B. DL Bookings, subject to the terms and conditions of this Agreement, works as follows:
(1) A Model may elect to offer private, live one-on-one video interaction with a Member at a scheduled time (a “Session”). Each Model who elects to participate in DL Bookings shall set his/her own rates and schedule for Sessions, except that Sessions are scheduled in 15-minute increments, with a 15-minute minimum required. The maximum time for any Session is determined by each Model in his/her sole discretion.
(2) The Member uses his/her Coins to schedule an appointment for any available Sessions with a specific Model (“Appointment”). An Appointment will allow the Member private live video streaming interaction with the Model during the Session as scheduled. This means that a Member can see the Model and the Model can see the Member. Sessions and rates may not be prorated, regardless of whether or not the Member or Model participates in the Session for its entire scheduled duration. The Model may leave a Session at any time, including without limitation in response a violation by the Member of the Dream Lover Code of Conduct described herein, or any other terms of acceptable use that shall be posted at various times and places on or through Dream Lover. The Company shall handle refund requests on a case-by-case basis, as described below.
(3) The Member will be charged Coins at the Model’s chosen rate based on the length of the Session scheduled. Appointments may be made in advance and coins are deducted from the Member’s account at the time the Session is scheduled. The Models have the discretion to set their cancellation policy to allow appointments made in advance to be cancelled either six (6), twelve (12) or twenty-four (24) hours prior to the scheduled start of the Session. If an Appointment is cancelled in a timely manner per the Model’s policy, the Member will not be charged for that Appointment. Appointments cancelled prior to the scheduled start of the Session with less notice than is required by the relevant Model shall result in a full charge to the Member for the duration of the Session scheduled. The Company shall handle refund requests on a case-by-case basis, as described below.
(4) Models have complete discretion over participation in DL Bookings, Session scheduling, Appointment availability, and rates. Appointments are made directly with the Model and are not controlled by the Company.
(5) From time to time, at the Model’s discretion, Models may use the Dream Lover system, email or text to invite the Member to schedule a Session with the Model.
IV. GENERAL AGREEMENT
1. Age Restriction. You must be at least 18 years old to use Dream Lover. By using Dream Lover, you represent and warrant that you are at least 18 years old and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Binding Agreement. The Agreement constitutes a binding legal agreement between you and the Company. The Agreement spells out the terms and conditions to which you and all Users of Dream Lover are required to adhere. By creating a free account, becoming a Model or Liaison, or by accessing or using Dream Lover in any manner, you acknowledge that you have read the Agreement, understand the Agreement, and agree to be bound by its terms and conditions. If you do not agree to be bound by this Agreement, you must leave Dream Lover immediately and discontinue all future access or use of Dream Lover.
3. Separate Agreement. When visiting other websites, including other Company websites, you are bound by the terms of service agreements governing those sites. Please familiarize yourself with the terms of service agreements of each website you visit as the terms and conditions set forth in such agreements may materially differ from those contained herein. The Company is in no way bound or liable for any warranties or representations made in any terms of service agreements, or any like documents, for any other website, including other Company websites, in connection with the services offered by and through Dream Lover.
4. Specific Services. Some services offered through Dream Lover may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
5. Failure to Comply with the Agreement. Your failure to follow the terms and conditions of this Agreement, including but not limited to the Dream Lover Code of Conduct, and other guidelines for behavior whether contained herein or posted at various times and places on Dream Lover, may result in suspension or termination of your access to Dream Lover, with or without notice, in addition to the Company’s other remedies.
6. Changes to the Agreement. The Company reserves the right to modify, add, remove, or replace any terms or conditions of this Agreement at any time, and all such changes are effective upon posting the changes at dreamlover.com/terms-of-service. It is your responsibility to check this Agreement periodically for changes. Your continued use of Dream Lover after the posting of any changes will constitute your acceptance of all such changes. From time to time, the Company may ask you to expressly accept the amended terms and conditions in order to continue using Dream Lover.
7. Changes to Dream Lover. The Company reserves the right to change, suspend, discontinue, and/or limit your access to any portion of Dream Lover, including without limitation, the availability of any service, feature, or Content (defined below) at any time for any reason, with or without notice, and without liability to the Company.
V. SITE CONTENT
1. Content Defined. The term “Content” shall mean any materials, including images, photographs, graphics, videos, audio, text, blurbs, biographies, updates, comments, hyperlinks, interlinks, software, scripts, data, logos, trademarks, copyrightable works, or other information, that are published, displayed, broadcast, streamed, uploaded, downloaded or otherwise transmitted to or from Dream Lover.
2. Content Posted by Third Parties. The Company is not liable or responsible for Content posted on or through Dream Lover by Users or for content disseminated by Models during Sessions. The Company claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act, 47 U.S.C. § 230, for Content posted or transmitted by Users and/or Models and nothing in this Agreement is intended to waive, remove, or usurp such immunity.
VI. LIMITED NON-EXCLUSIVE CONTENT LICENSE
1. Proprietary Information. You acknowledge and agree that Dream Lover contains Content provided by the Company, its affiliates, vendors, partners, and/or licensors, and other Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in or on any Content accessed through Dream Lover.
2. Grant of License. Subject to the limitations set forth below and as otherwise set forth in this Agreement, the Company hereby grants you a limited, non-exclusive, non-sublicensable, and non-transferable license (the “License”) to use the Content, solely for personal, non-commercial use during the period in which you are a legitimate User of Dream Lover. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited, unless such use is expressly authorized by the Company. The license granted does not permit you to record, copy, reproduce, and/or store the contents of any Session. The License will terminate automatically if you fail to comply with the limitations described herein, breach any other provision of the Agreement, or are notified of termination of the License by the Company or its authorized agent(s).
3. Limitations on License. You may make no use of Dream Lover or the Content not expressly authorized herein or by express authorization from the Company. The Company’s License grant does not include, without limitation:
(a) Any resale or commercial use of Dream Lover or the Content;
(b) Reproducing, redistributing, selling, creating derivative works from, decompiling, reverse engineering, or disassembling Dream Lover or the Content;
(c) Use of any data mining, robots, or similar data gathering or extraction methods; and
(d) Use of any measures that may interfere with or damage Dream Lover;
(e) Any recording, reproduction, copying, or redistribution of Sessions, or any portion thereof, without the prior express written consent of the Company and/or the Model is strictly prohibited;
(f) Systematic retrieval of data or other content from Sessions to create or compile, directly or indirectly, a collection, compilation, database or directory without prior express written permission from the Company and/or any Model involved is prohibited.
VII. USER SUBMISSIONS AND LICENSES
1. User Submissions Defined. Users may have the ability to contribute, add, create, upload, submit, distribute, post, live stream or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users onto or through Dream Lover.
2. Company Changes to User Submissions. The Company shall have the right to process, delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
3. License to Company. You grant to the Company, its successors, licensees, and assigns, a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, sublicensable, and transferable right to use, edit, modify, adapt, prepare derivative works of, reproduce, enhance, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions in connection with (i) Dream Lover, (ii) the Company’s (and its successors’ and assigns’) businesses, (iii) promoting, marketing, and redistributing part or all of Dream Lover (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites).
4. Dream Lover Code of Conduct. You are responsible for all use of Dream Lover by you and by those you allow to use, or provide access to, Dream Lover. You may not create any type of User account on Dream Lover for anyone other than yourself. You may not impersonate, imitate, or pretend to be someone else when accessing or using Dream Lover. In using Dream Lover, you represent and warrant that:
(a) You are at least 18 years old and the age of majority in your community.
(b) It is legal to view Content on Dream Lover, and participate in the Contact Service and/or DL Bookings, where you are located.
(c) You will not permit any person(s) under the age of 18 (or who are otherwise not legally permitted) to have access to any of the materials contained on Dream Lover.
(d) You own and control and/or have obtained all the necessary rights, clearances, and releases to any and all Content included in your User Submissions.
(e) Your User Submissions will not violate the copyright, trademark, trade secret, publicity rights, privacy rights, or any other personal, proprietary, or intellectual property rights of any party.
(f) You will use Dream Lover only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and/or criminal liability.
(g) You will not disrupt, overwhelm, attack, modify, reverse engineer, or interfere with Dream Lover or its associate software, hardware, and/or servers in any way, and you will not impede or interfere with others’ use of Dream Lover.
(h) Your User Submissions and/or participation in Sessions via DL Bookings will not contain any violent, nude, partially nude, discriminatory, defamatory, abusive, harassing, hateful, unlawful, pornographic, obscene, indecent, sexually explicit, profane, lewd, or offensive Content.
(i) Your User Submissions and participation in Sessions via DL Bookings will not constitute or include junk mail, spam, job solicitations, unauthorized advertising or promotional Content, or Content that includes instructions for weapon and/or explosive manufacture or use.
(j) You will not use Dream Lover or your participation in Sessions via DL Bookings to stalk, harass, bully, abuse, threaten, impersonate, or intimidate other Users, Models, and/or third parties.
(k) You will not use Dream Lover or your participation in Sessions via DL Bookings for any antisocial, disruptive or destructive behavior, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the Internet.
5. Indemnification for User Submissions. The Company is not liable or responsible for any of your User Submissions. You agree to release, indemnify and hold harmless the Company and its agents from all claims resulting from your User Submissions, including, without limitation, claims of copyright or trademark infringement, trademark dilution, trade dress infringement, false endorsement, false advertising, violation of “droit moral” rights, defamation, libel, slander or invasion of rights of privacy and/or publicity.
6. Public Access. You acknowledge and agree that information you disclose in publicly accessible portions of Dream Lover will be available to all Users of Dream Lover.
VIII. ACCOUNT REGISTRATION AND INFORMATION
2. Model and Liaison Accounts. If you wish to become a Model and/or a Liaison, please contact our customer service department by emailing email@example.com.
3. Prohibited Account Uses. You may not create an account on Dream Lover for anyone other than yourself. You may not impersonate, imitate, or pretend to be someone else when accessing or using Dream Lover. You may not select a screen name that: (a) incorporates or is confusingly similar to the name of another person with the intent to impersonate that person; (b) is subject to the rights of any person other than yourself without authorization; or (c) the Company, in its sole discretion, deems offensive, vulgar, or obscene.
5. Unauthorized Use of Your Dream Lover Account. You agree not to allow others to use your Dream Lover account. You are solely responsible and liable for all User Submissions Submitted through and activity on your Dream Lover account even if Submitted or performed by an unauthorized third party. You shall immediately notify the Company of any unauthorized use of your account or any other account-related security breach by emailing firstname.lastname@example.org.
IX. SUBSCRIPTION AND COIN PURCHASES
1. Dream Lover Subscription. From time to time, Dream Lover may offer various trial subscriptions to the Contact Service that will renew as a monthly subscription with monthly pricing.
(a) TRIAL SUBSCRIPTION. Unless cancelled before the end of the trial period, a trial subscription will convert to an automatically renewing monthly subscription, and you will be charged the then-applicable monthly subscription fee using the credit or debit card we have on record for you.
(b) MONTHLY SUBSCRIPTION. Unless cancelled before the expiration of the then-current month period, your monthly subscription will automatically renew for an additional one-month period and you will be charged the then-applicable monthly subscription fee using the credit or debit card we have on record for you.
Methods for cancelling a subscription are described in Section IX. 8. below.
2. DL Bookings Available to all Members. Dream Lover’s DL Bookings application is available to any Member, whether on a trial or monthly subscription
3. Coins Have No Monetary Value. Coins have no monetary or property value and are for entertainment purposes only.
4. No Assignment or Transfer. Members cannot assign or transfer Dream Lover subscriptions or Coins or DL Bookings Appointments, to any other person or entity.
5. Purchasing Subscriptions/Coins. In the event that you purchase a Dream Lover subscription and/or Coins, you may be asked to enter your credit card information, in addition to certain other information.
6. Payment Method and Pricing. At this time, subscription fees are only payable by credit card. Coin purchases are payable by credit card, PayPal, or certain major brand gift cards via PayGarden. Current prices for subscriptions and Coins are available on Dream Lover at the time of purchase. The Company may change the prices or introduce new prices for subscriptions and Coins at any time.
7. Payment Processing. You hereby authorize the Company and/or one of our payment processors (“Payment Processor”) to process the transactions necessary for you to procure and maintain subscriptions and/or Coins for your Dream Lover account. During this purchase process, you shall provide the Payment Processor with accurate, complete, and current billing information. You agree to only use credit and debit cards from accounts you are authorized to use. Failure to comply with the above shall constitute a breach of this Agreement, which may result in immediate termination of your account and other remedies available to Company. You agree not to report any credit card (or other approved facility) utilized in such transaction as lost or stolen unless you have a good faith reason to believe that the credit card (or other approved facility) has been lost or stolen. You further agree that you will not dispute any charge that you authorized.
8. Cancelling Subscriptions. The Company or a Payment Processor may cancel your Dream Lover subscription at any time with or without cause. If you’d like to cancel your Dream Lover subscription, select the “Support” tab on the Dream Lover website and follow the on-screen instructions for creating a Customer Support Ticket and request to cancel your subscription.
(a) TRIAL SUBSCRIPTION. To cancel a trial subscription, you must do so before the end of the trial period to avoid incurring charges for a monthly subscription. Failure to cancel prior to the end of the trial period constitutes your agreement to continue as a subscriber under the terms and conditions set forth herein and you authorize the Company and/or the Payment Processor to charge your credit or debit card at the then-current monthly subscription rate on a monthly basis until you cancel your monthly subscription in the manner described in this Agreement.
(b) MONTHLY SUBSCRIPTION. To cancel a monthly subscription, you must do so before the end of the then-current month period to avoid incurring charges for an additional month subscription. Failure to cancel prior to the end of the then-current month constitutes your agreement to continue as a subscriber under the terms and conditions set forth herein and you authorize the Company and/or the Payment Processor to charge your credit or debit card at the then-current monthly subscription rate on a monthly basis until you cancel your monthly subscription in the manner described in this Agreement.
9. Account Remains Active. Be advised that cancelling your Dream Lover subscription will not result in the termination of your Dream Lover account. You may still access your Dream Lover account using your registered email and password and you may still use any unused Coins after you cancel you Dream Lover subscription. Please note, however, that you will not be permitted to purchase additional Coins once you cancel your Dream Lover subscription unless you choose to renew your subscription. If you wish to terminate your Dream Lover account, you may do so by emailing email@example.com.
10. Refund Policy. The Company manages the refund policy for Dream Lover on a case-by-case basis. If you have a question about your account or would like to request a refund, contact Dream Lover’s customer service department by emailing firstname.lastname@example.org or by clicking the “Support” tab on Dream Lover and following the on-screen instructions.
11. Payment Processor Information. If you have a question about a transaction on your credit card statement, please contact the Payment Processor’s customer service department using the contact information below. The Company or our Payment Processor will, upon request and upon meeting certain security measures, provide you records that support the charges to you for use of Dream Lover.
Payment Processor(s) Contact Information:
U.S. and Canada: 1 (800) 893-8871
International: 1 (310) 664-5810
Skype, Toll Free: 1 (800) 893-8871
X. SERVICE AND FEES
1. Limited International Access. The Company currently only offers the Contact Service to Users with phone numbers in the United States, Canada, England, Scotland, and Wales. Please be advised that Users in England, Scotland, and Wales may not be able to send and receive MMS messages at this time. DL Bookings can be accessed by Members via desktop Google Chrome and Skype anywhere they have an Internet connection
2. Contact Service. The Company makes no guarantees about the availability of Dream Lover, including without limitation the Contact Service and DL Bookings. Dream Lover may not be available at various times due to necessary downtime for scheduled and unscheduled maintenance.
3. Fees for Model’s Phone Number. The fees for contact phone numbers vary based on the Model and may change at any time. Your purchase of a Model’s phone number will allow you to contact the Model for a period of thirty (30) days. After thirty (30) days, you will be required to pay an additional fee to keep the Model’s phone number as an active contact. The additional fee may be more or less expensive than your original phone number purchase amount and will be reflected in the pricing posted on Dream Lover at the time your thirty (30) day period expires. From time to time, such additional fees may be temporarily waived. Such a waiver will not amount to an ongoing waiver and shall not prevent future charges to maintain the Model’s phone number as an active contact. Company makes no representations that the one time purchase of the phone number will entitle you to use the phone number for any period in excess of thirty (30) days.
4. Contact Methods. Models have complete discretion over whether to answer your calls, send you Messages, or respond to your Messages when using the Contact Service. The Company makes no guarantee that a Model will answer your calls, send you Messages, or respond to your Messages. Models have complete discretion whether to participate in DL Bookings, when to schedule Sessions, the duration of Sessions, and when to terminate a Session. The Company makes no guarantee that a Model will be available for an Appointment or participate in a Session for its duration.
5. Fees for Contact Methods. Contact Method fees include the fees for the Model’s services and a Company transaction fee. For this reason, Contact Method fees vary based on the Model. Each Model’s Contact Method fees are fully disclosed on his or her Dream Lover profile page. The Contact Method fees may change at any time.
6. Length of SMS Messages. Please be advised that each SMS message is limited to 160 characters. If your SMS message exceeds 160 characters, the message will be split up into two or more messages depending on its length and you will be charged Coins accordingly.
7. Timing of SMS Fees. If a Model charges Coins for SMS messages sent by you, you will be charged a SMS message fee when the Model opens each message. If a Model charges Coins for SMS messages sent to you, you will be charged for every SMS message you receive from that Model. Each time a Model sends you ten (10) consecutive SMS messages prior to your reply, the Company will ask you to respond to the Model’s SMS messages to continue to receive further messages from the Model. The Model’s fees will apply to all SMS messages received by you from the Model.
8. Limit on SMS Messages. If a Model does not charge Coins for SMS messages sent by you, the Contact Service will only allow you to send up to five (5) consecutive SMS messages to the Model. Once you send five (5) consecutive SMS messages to the Model, you will not be able to send further SMS messages until the Model replies.
9. Timing of MMS Fees. If a Model charges Coins for MMS messages sent by you, you will be charged a MMS message fee each time you send an MMS message to that Model. If a Model decides to send you a MMS message, the Company will first send you a text message asking you to reply using a specific code in order to receive the MMS message from the Model. You will receive the MMS message and be charged the Model’s MMS message fee once you reply to the Company’s message using this specific code.
10. Timing of Call Fees. If a Model charges Coins for calls, you will begin to be charged on a timed basis once the Model accepts the call. Dream Lover bills Members on a per-minute basis. Thus, if your phone call with a Model ends between minutes, the Dream Lover system may round up your phone call to the next closest minute.
11. Timing of Appointment Fees. Sessions via DL Bookings are billed in 15-minute increments. If your Session ends between increments, you will be billed for the entirety of the Session scheduled.
11. Coins in Account. Before your phone call begins with a Model, the Company will notify you via an automated voice message or electronic message about how much time you have for the call based on the amount of Coins in your account at that time. Your call with the Model can only last up to the amount of time indicated in this message. A Member must have sufficient coins in his/her account to pay for the entire Session selected in order to book an Appointment.
12. Coin Minimum for Contacting Model. Models have discretion to set a minimum amount of Coins that Members must have in their accounts in order to contact them. If the Coins in your account do not meet this minimum, the Company will notify you via automated voice message upon your attempt to call the Model or via text message upon your attempt to send a SMS message to the Model or via electronic message upon your attempt to schedule a Session with a Model.
13. Service Charges. You are responsible for any and all charges you may incur arising from your use of Dream Lover, the Contact Service, and/or DL Bookings, including but not limited to charges billed by your mobile phone carrier, internet provider, Skype, or other service provider.
14. Supported Carriers. Please note that the Contact Service is not available via all wireless carriers. A list of Dream Lover supported carriers can be found here. DL Bookings is available to users via desktop Google Chrome and Skype only.
15. User Communications. Any messages or statements made by a Member or Model is within the speaker’s sole discretion. The Company does not oversee and is in no way involved in the actual content exchanged between Members and Models via Messages, over the phone or in Sessions. The Company does not endorse, guarantee, make representations, or provide warranties for or about the content, quality, morality, propriety, and/or legality of the communications exchanged between Members and Models, nor of the content of any Showings, and makes no representations that such communications or Showings will satisfy the wants or needs of Members. Members and Models use Dream Lover, the Contact Service and/or DL Bookings at their own risk.
16. User Disputes. The Company is under no obligation to become involved in disputes between Users, Members, Models, Liaisons and/or any third party arising in connection with Dream Lover, the Contact Service, and/or DL Bookings. You release the Company from claims of every kind and nature, known and unknown, arising out of or in any way related to such disputes.
XI. COPYRIGHT NOTIFICATIONS
1. Notice of Copyright Infringement. If you believe that any Content appearing on Dream Lover has been used in a manner that infringes upon your copyrights, you or your authorized agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
a. An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
b. Identification of the Content that is claimed to be infringing or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on Dream Lover;
c. Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the Content;
d. Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, or e-mail address;
e. A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company’s Copyright Agent is:
110 West A Street, Suite 900C
San Diego, CA 92101
Telephone: (619) 237-5014
2. Counter-Notice. If you believe that your Content was removed or disabled by mistake or misidentification, or that you have proper authorization to post and use the Content in your User Submission, you may send a counter-notice to our Copyright Agent containing the following information:
a. Your physical or electronic signature;
b. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
c. A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Our Copyright Agent may send a copy of any counter-notice to the original complaining party informing that party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion. The Company has a policy of terminating repeat infringers.
XII. WARRANTIES, DISCLAIMERS, LIMITED LIABILITY, AND INDEMNITY
1. Third Party Violations. The Company does not assure or warrant that third parties or other Users will comply with any provision of this Agreement, and, as between you and the Company, you agree to assume all risk of harm or injury resulting from any such lack of compliance. You agree to release the Company from claims of every kind and nature, known or unknown, arising out of or in any way related to disputes between you and another User and/or any third party arising in connection with Dream Lover.
2. No Warranties by the Company.. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING DREAM LOVER AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, DREAM LOVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING DREAM LOVER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT DREAM LOVER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF DREAM LOVER WILL BE UNINTERRUPTED OR ERROR-FREE.
3. Disclaimer of Responsibility for Outbound Links. DREAM LOVER MAY CONTAIN LINKS TO OTHER WEBSITES, INCLUDING THIRD PARTY AND OTHER COMPANY WEBSITES. YOUR SELECTION OF AN AD BANNER OR LINK MAY REDIRECT YOU FROM DREAM LOVER TO A THIRD PARTY OR AN OTHER COMPANY WEBSITE. THESE WEBSITES, INCLUDING OUR OTHER WEBSITES, ARE GOVERNED BY THEIR OWN SEPARATE TERMS OF SERVICE AGREEMENTS AND PRIVACY POLICIES. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY FOR ANY THIRD PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO GUARANTEE ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH WEBSITES OR MATERIALS AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE WEBSITES OR MATERIALS. FURTHER THE INCLUSION ON ANOTHER WEBSITE OF ANY LINK TO THE SITE DOES NOT IMPLY ENDORSEMENT BY OR AFFILIATION WITH THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES, AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD PARTY ADMINISTRATOR OR WEBMASTER.
4. The Company’s Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO YOUR USE OF DREAM LOVER, THE CONTENT AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH INJURY OR DAMAGES CAUSED BY THE COMPANY’S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.
5. Indemnity. You hereby agree to indemnify, defend, and hold harmless the Company and all of its related entities, subsidiaries and parent companies, advertising and promotion agencies and each of their heirs, successors, officers, directors, shareholders, employees, assigns, agents, attorneys, representatives, and any other person or entity now or hereafter affiliated with them, and each of them, of and from any and all claims, demands, causes of action, obligations, damages, losses to any person (including death) or property, penalties, reasonable attorneys’ fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or claimed, arising out of any breach by you or any other User of your account, whether or not such User has your permission, of the Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall cooperate as fully as is reasonably required in the defense of any claim.
2. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Site must be filed within one (1) year after such claim arose. Otherwise, such claim is permanently barred.
3. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to the principles of conflict of laws.
4. Forum Selection. The parties hereto agree and consent to personal jurisdiction in the State of California for all actions or proceedings arising in connection with this Agreement and further agree that such actions or proceedings shall be tried and litigated exclusively in the State or Federal courts located in the State of California. This forum is intended by the parties to be mandatory and not permissive in nature, precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph.
5. Entire Agreement and Severability. This Agreement, as well as any written agreement regarding Dream Lover entered into between the Company and a party hereto, constitutes the entire agreement between the Company and such party and takes precedence over all prior agreements and understandings with respect to the subject matter hereof. Should any provision of the Agreement be invalid, illegal, or unenforceable in any respect, such provision will not affect the validity and enforceability of any other part of the Agreement. Neither party is relying upon any warranties, representations, assurances, or inducements by the other party except as expressly set forth herein.
6. Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s delay in asserting any right or provision under this Agreement shall not constitute a waiver of such right or provision.
7. Force Majeure. The Company will not be in breach of the Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, if the Company makes reasonable efforts to perform.
8. Territorial Restrictions. You will only use Dream Lover in a manner consistent with this Agreement and any and all applicable local, state, national, and international laws and regulations. Dream Lover is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company reserves the right to limit the availability of Dream Lover or any portion of its services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that the Company provides.
9. Notice. When you visit or access Dream Lover or send e-mails to the Company, you are communicating with us electronically and thereby consent to receive communications from the Company electronically. The Company will communicate with you by sending an e-mail to the e-mail address associated with your account or by posting notices on Dream Lover. You agree that all agreements (including this Agreement), notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
10. Term and Termination of Agreement. This Agreement begins on the date you first access Dream Lover and continues until terminated in accordance with the provisions hereof. The Company may terminate your access to Dream Lover at any time, without notice, without cause, and without liability to the Company, which may result in the deletion of all information associated with your account. If you wish to terminate your account, you may do so by emailing email@example.com. If your account is terminated, all unused Coins will be refunded upon request.
11. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
XIV. ACKNOWLEDGED AND AGREED
BY CREATING AN ACCOUNT OR BY ACCESSING OR USING DREAM LOVER IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTAND THE TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND REPRESENT AND WARRANT THAT YOU ARE CURRENTLY AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT CREATE A FREE ACCOUNT, DO NOT ATTEMPT TO USE DREAM LOVER IN ANY MANNER AND LEAVE NOW!