Dreamify Help Center - Terms of Service

Thank You For Using Dreamify!

The following Terms of Service (“terms”) govern your use of the Dreamify website, mobile applications, APIs and wiggets (“Dreamify” or the “Service”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). By using the Service you agree to be bound by these Terms.

1. Our Service

Dreamify helps you live the life of your dreams. To accomplish this, we need to collect information about you, so that we can better tailor our Service to fit your unique needs. Furthermore, this information is collected to help our advertisers create relevant content that we hope you will enjoy and find useful. Some of the content on our site is promoted content. You can always identify promoted content because it will be clearly labeled as such.

2. Who Can Use Dreamify

You may use the Service only if you agree to form a binding contract with Dreamify and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Service. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. Using Dreamify may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.

3. Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Service. You understand that through your use of the Service you consent to the collection and use of this information, including the transfer of this information to Canada, Ireland, and/or other countries for storage, processing and use by Dreamify and its affiliates.

4. Content On the Service

You are responsible for your use of the Service and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service.

You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content.

We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content.

We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

a. Your Rights and Grant of Rights in the Content

Any Content you submit, post or display on or through the Service you retain the rights to. This includes all forms of content you submit, post or display on or through the Service including: (audios, photos, and videos).

Any Content you submit, post or display on or through the Service grants Dreamify a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). You agree that this license includes the right for Dreamify to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

This license authorizes Dreamify to make your Content available to the rest of the world and to let others do the same. Such additional uses by Dreamify, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Service by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Service. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Dreamify the license described above.

5. Using the Service

Dreamify is constantly evolving. As such, the Service may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Service or any features within the Service to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Service, limit distribution or visibility of any Content on the Service, suspend or terminate users, and reclaim usernames without liability to you. Dreamify may offer certain services or features for a fee; by paying for or using one of these services, you agree to any additional terms applicable to that service.

In consideration for Dreamify granting you access to and use of the Service, you agree that Dreamify and its third-party providers and partners may place advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others. You also agree not to misuse our Service, for example, by interfering with it or accessing it using a method other than the interface and the instructions that we provide. Dreamify may terminate or suspend your right to access or use Dreamify for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.

Dreamify has adopted and implemented the Dreamify Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright Policy. We care about the security of our users. While we work to protect the security of your content and account, Dreamify can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

Dreamify may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Dreamify. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Dreamify, you do so at your own risk and you agree that Dreamify has no liability arising from your use of or access to any third party website, service, or content.

If you use Dreamify for commercial purposes (i.e., you are not a consumer) without agreeing to our Business Terms as required by Section 2(c) of these Terms, you agree to indemnify and hold harmless Araza Solutions Inc., their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.

Our Service and all content on Dreamify is provided on an "as is" basis without warranty of any kind, whether express or implied.

Dreamify specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Dreamify takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.

a. Your Account

You may need to create an account to use our Service. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

You can control most communications from the Service. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your account, and you may not be able to opt-out from receiving them. If you added a phone number to your account and you changed or deactivated that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

b. Your License to Use the Service

Dreamify gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Dreamify, in the manner permitted by these Terms.

The Service is protected by copyright, and other laws of both Canada and other countries. Nothing in the Terms gives you a right to use the Dreamify name or any of the Dreamify trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All rights, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Dreamify and its licensors. Any feedback, comments, or suggestions you may provide regarding Dreamify, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

c. Ending These Terms

You may end your legal agreement with Dreamify at any time by deactivating your accounts and discontinuing your use of the Service. We may suspend or terminate your account or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Dreamify Rules and Policies, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Service to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Service, except that the following sections shall continue to apply: 2, 3, 5, and 6.

6. Disclaimers And Limitations Of Liability

The Services are Available "AS-IS"

Your access to and use of the Service or any Content are at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Dreamify Entities” refers to Dreamify, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE DREAMIFY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Dreamify Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Dreamify Entities or through the Service, will create any warranty or representation not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DREAMIFY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DREAMIFY ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID DREAMIFY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE DREAMIFY'S ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

7. General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

The laws of the Province of British Columbia, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Dreamify. All disputes related to these Terms or the Services will be brought solely in the federal or provincial courts located in Vancouver, British Columbia, Canada, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Dreamify’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

These Terms are an agreement between you and Araza Solutions Inc. Unit 314, 3195 Walnut, St, Kelowna, BC V1W 3T6, Canada If you have any questions about these Terms, please contact us.