TERMS AND CONDITIONS
Last updated September 05, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Dreem Deal (“Company,” “we,”
“us,” “our“).
We operate the website https://dreemdeal.com/ (the “Site“),
as well as any other related products and services that refer or link to these
legal terms (the “Legal Terms“) (collectively,
the “Services“).
You can contact us by email at support@dreemdeal.com
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you“),
and Dreem Deal, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and agreed to
be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms from time to time. We will alert you
about any changes by updating the “Last updated” date of
these Legal Terms, and you waive any right to receive specific notice of each
such change. It is your responsibility to periodically review these Legal Terms
to stay informed of updates. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised Legal Terms
by your continued use of the Services after the date such revised Legal Terms
are posted.
The Services are intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for the
Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR
SERVICES
2.
INTELLECTUAL PROPERTY RIGHTS
3. USER
REPRESENTATIONS
4.
SOFTWARE
5.
PROHIBITED ACTIVITIES
6. USER
GENERATED CONTRIBUTIONS
7.
CONTRIBUTION LICENSE
8.
THIRD-PARTY WEBSITES AND CONTENT
9.
SERVICES MANAGEMENT
10.
PRIVACY POLICY
11. TERM
AND TERMINATION
12.
MODIFICATIONS AND INTERRUPTIONS
13.
GOVERNING LAW
14. DISPUTE
RESOLUTION
15.
CORRECTIONS
16.
DISCLAIMER
17.
LIMITATIONS OF LIABILITY
18.
INDEMNIFICATION
19. USER
DATA
20.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21.
CALIFORNIA USERS AND RESIDENTS
22.
MISCELLANEOUS
23.
CONTACT US
1. OUR SERVICES
The information provided when using the Services 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 us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the Services. You
may not use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the “Content”), as well as the trademarks, service
marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws) and
treaties in the United States and around the world.
The Content and Marks are provided in or through the
Services “AS IS” for your personal, non-commercial use
or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including
the “PROHIBITED
ACTIVITIES” section below, we grant you a non-exclusive,
non-transferable, revocable license to:
solely for your personal, non-commercial use or internal business
purpose.
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms, please address
your request to: support@dreemdeal.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services, Content,
or Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES” section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload
any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services (“Submissions”),
you agree to assign to us all intellectual property rights in such Submission.
You agree that we shall own this Submission and be entitled to its unrestricted
use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services you:
You are solely responsible for your Submissions and you expressly
agree to reimburse us for any and all losses that we may suffer because of your
breach of (a) this section, (b) any third party’s intellectual property rights,
or (c) applicable law.
By using the Services, you represent and warrant that: (1) you have the legal capacity and
you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in
which you reside; (3) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (4) you will not
use the Services for any illegal or unauthorized purpose; and (5)
your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4. SOFTWARE
We may include software for use in
connection with our Services. If such software is accompanied by an end
user license agreement (“EULA”), the terms of the EULA will
govern your use of the software. If such software is not accompanied by a EULA,
then we grant to you a non-exclusive, revocable, personal, and non-transferable license to
use such software solely in connection with our services and in accordance with
these Legal Terms. Any software and any related documentation is
provided “AS IS” without warranty of any kind, either
express or implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. You
accept any and all risk arising out of use or performance of any software. You
may not reproduce or redistribute any software except in accordance with the
EULA or these Legal Terms.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that
for which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
6. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may
provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or on
the Services, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, “Contributions”). Contributions may be viewable
by other users of the Services and through third-party websites. As such,
any Contributions you transmit may be treated in accordance with the Services’
Privacy Policy. When you create or make available any Contributions, you
thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
7. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you
agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
8. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to
other websites (“Third-Party Websites”) as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties (“Third-Party Content”). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or
the Third-Party Content. Inclusion of, linking to, or permitting the
use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access
the Third-Party Websites or to use or install any Third-Party Content,
you do so at your own risk, and you should be aware these Legal Terms no longer
govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from the Services
or relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or
harm caused to you relating to or resulting in any way from
any Third-Party Content or any contact
with Third-Party Websites.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
10. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://dreemdeal.com/privacy-policy/. By using the Services, you agree to
be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in the United States. If
you access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through your
continued use of the Services, you are transferring your data
to the United States, and you expressly consent to have your data
transferred to and processed in the United States.
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You agree
that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws
of India. Dreem Deal and yourself irrevocably consent that the
courts of India shall have exclusive jurisdiction to resolve any
dispute which may arise in connection with these Legal Terms.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a “Dispute” and
collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms,
including any question regarding its existence, validity, or termination, shall
be referred to and finally resolved by the International Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise,
146) according to the Rules of this ICAC, which, as a result of referring to
it, is considered as the part of this clause. The number of arbitrators shall
be five (5). The seat, or legal place, or arbitration shall be Surat,
Gujarat., India. The language of the proceedings shall be Gujarati..
The governing law of these Legal Terms shall be substantive law of India.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or
to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.
15. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information
on the Services at any time, without prior notice.
16. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO $1.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these Legal
Terms; (4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act toward
any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data relating
to your use of the Services. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates
to any activity you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or
corruption of such data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
22. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Legal Terms shall not operate as a waiver of such right
or provision. These Legal Terms operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal
Terms will not be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
23. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at:
Dreem Deal
support@dreemdeal.com