Terms of use

Last updated May 2022

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and DreamMe Ltd, a company registered in England and Wales under company number 13635340 with its registered office is at 71-75 Shelton Street, London, England WC2H 9JQ (“we,” “us,” orour”), concerning your use, download and/or installation of our mobile application along with access to and use of the https://www.dreamme.co/ website as well as any other media form, media channel or mobile website related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site 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 Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site 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 Site 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.

Users in the United States: The Site is 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 this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is 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 Site.

REGISTERING FOR OUR SERVICES

DreamMe provides dream journaling functionality and dream analysis in the health & wellness space.

You may download and access the Site (which includes the website and mobile application) for free; however, we offer paid services and, to access these, you must make payment via the Site.

We will ask you to create a profile on our Site with a username and password in order to become a registered user (“Registered User”). We will also ask you for various pieces of information, including your name, email address, age and gender. All of this information will be processed according to our Privacy Policy, which can be read here: https://www.dreamme.co/privacy

In order to become a Registered User, you must create a user name (“User Name”) and a password (“Password”), and you may be required to provide certain additional information that will assist in authenticating your identity during log-in, including your date of birth (“Unique Identifiers” and together with the User Name and Password, the “Credentials”).  Each User Name and corresponding Password can be used by only one individual.  You are solely responsible for the confidentiality and use of your Credentials, as well as for any use, misuse, or communications entered through the Service using your Credentials.  You will promptly inform us of any need to deactivate or change your Credentials.  We reserve the right to delete or change your Credentials at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. We will not be liable for any loss or damage caused by any use of your account using your Credentials.

By becoming a Registered User, you opt-in to receiving occasional special offer, marketing, survey and Service-based communication emails from us. You can easily unsubscribe from these commercial emails by following the opt-out instruction in the emails.

OUR SERVICES

We provide the following services:

Dream journal functionality: we provide software that allows you to record your dreams. More information can be found on our Site.

Dream dictionary: we provide a dictionary of dream interpretations. More information can be found on our Site.

·      Short text dream interpretation: we will provide a basic interpretation of your dream. More information can be found on our Site.

·      Long text dream interpretation: we will provide a detailed interpretation of your dream. More information can be found on our Site.

We offer a one-week or two-week free trial period for Registered Users to access and use the Service at no cost (the “Introductory Trial Period”).  After the Introductory Trial Period ends, Registered Users have the ability to continue access to and use of the Service through a paid subscription (“Subscription”).  Subscription package options and applicable fees (the “Subscription Fees”) will be made available to you for selection through during registration.  If you do not wish to pay the Subscription Fee for continued use, then your access to and use of the Service will end immediately upon expiration of the Introductory Trial Period.  We may add new fees and charges, or amend fees and charges, at any time in our sole discretion.

You are required to maintain a valid payment method (the “Payment Method”) on file with us, which we will automatically charge for Subscription Fees due as those Subscription Fees become due.  You warrant and represent that all information relating to the Payment Method is true and accurate and that you are authorized to use the Payment Method.  You will promptly notify us of any changes to the Payment Method.  If you fail to maintain a valid Payment Method on file with us, we will have the right to suspend your access to and use of the Service until a valid Payment Method is provided and all Subscription Fees due have been paid.  Collection of your Payment Method information and the processing of payment of Subscription Fees will be performed by our third party payment processors (the “Payment Processors”).  You will tender payment to the applicable Payment Processor, and Subscription Fees will be processed by the applicable Payment Processor.  You are bound by the applicable Payment Processor’s terms and conditions for the processing of payments, as the same may be modified by such Payment Processor from time to time (collectively, the “Payment Processor Terms”).  Information provided to any Payment Processor is governed by the applicable Payment Processor Terms.  We are not responsible for the performance of any Payment Processor.

By purchasing a Subscription, you acknowledge that your Subscription has an initial and recurring payment charge at the then-current Subscription Fee, and you agree that we may submit monthly charges, in advance, to your Payment Method without further authorization from you, until you provide notice to us that you wish to cancel your Subscription or change your Payment Method. You further accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by us after the expiration date of any payment card provided as your Payment Method.

You may change or terminate your Subscription by emailing us at [email protected] If you terminate your Subscription, you may use your Subscription until the end of the then-current billing cycle, and the Subscription will not be renewed after that period expires. We do not refund any pre-paid portion of the Subscription fee. We may immediately terminate or suspend Subscriber’s Subscription for any reason or no reason in accordance with these Terms of Service.  If we terminate or suspend Subscriber’s Subscription, Subscriber’s license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable).

Free or subscribing users may choose to have their dreams interpreted by a human interpreter (long text dream interpretations). This is offered on a pay-as-you-go (PAYG) basis, as detailed from time to time on our site. Once your dream has been interpreted for you, we have provided you with our services and for that reason we are unable to offer you a refund.

For us to be able to provide our dream interpretation services, we will require you to give us as much information about your dream as you are able.

This will typically include, but are not limited to:

·      The content of your dream (such as where you were, what happened, who was present);

·      How you were feeling during your dream;

·      How your dream made you feel once you had woken up;

·      The context of your dream in relation to your daily life; and

·      Another other details you feel are relevant and you would like the dream interpreter to consider.

After submission to our Site, your dream will be read by one of our dream interpreters who will provide you with their interpretation of your dream. We and our dream interpreters understand that dreams are, by their nature, sensitive and personal and we will always treat your dreams with the utmost respect.

The dream interpreter will only have sight of your age, gender, dream and dream content – they will not have access to any personal data that would identify you as an individual, such as your name or email address. We may also use an algorithm-based method of interpretation, without human involvement, to interpret your dreams.

Please note that there is no fixed turnaround for interpretations, and we do our best to get the interpretations to you as soon as we can. We are however not liable to you for any delays in providing the dream interpretation to you.

We may also offer free promotions, but are not required to do so.

Please note that we reserve the right to not respond to dream submissions where the content of the submissions is deemed inappropriate, or where we are unable to help, or where you have provided insufficient information to allow us to provide a clear interpretation.

DOWNLOADING THE APP

Apple-Enabled Software: We make the App available through the Apple App Store.  The following terms apply to the App when accessed through or downloaded from the Apple App Store. You acknowledge and agree that:

• These Terms of Use are between you and DreamMe, and not with Apple, and DreamMe (not Apple), is solely responsible for the App.

• Apple has no obligation to furnish any maintenance and support services with respect to the App.

• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of DreamMe.

• Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, DreamMe will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

• Apple and its affiliates are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iii) you are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.

• You must also comply with all applicable third party terms of use when using the App.

Google-Sourced Software: The following applies to the App when you download it from the Google Play Store (the App when downloaded from the Google Play Store shall be referred to herein as “Google-Sourced Software”): (a) you acknowledge that these Terms of Use are between you and DreamMe only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Use; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) DreamMe, and not Google, is solely responsible for the Google-Sourced Software; (e) Google has no obligation or liability to you with respect to the Google-Sourced Software or these Terms of Use; and (f) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to the Google-Sourced Software.

MARKETING MATERIALS

By using our services, you consent to us using the content of your dreams only in our marketing material, whether on our Site, our marketing emails, or elsewhere. We will not use any personal information that would make you identifiable and we will at all times process your personal data in accordance with our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site 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.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor/child in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site 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 Site (or any portion thereof).

USER REGISTRATION

You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1.    Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2.    Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

3.    Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

4.    Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

5.    Use any information obtained from the Site in order to harass, abuse, or harm another person.

6.    Make improper use of our support services or submit false reports of abuse or misconduct.

7.    Use the Site in a manner inconsistent with any applicable laws or regulations.

8.    Engage in unauthorized framing of or linking to the Site.

9.    Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

11. Delete the copyright or other proprietary rights notice from any Content.

12. Attempt to impersonate another user or person or use the username of another user.

13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

20. Use a buying agent or purchasing agent to make purchases on the Site.

21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

22. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.

23. Use the Site to advertise or offer to sell goods and services.

24. Sell or otherwise transfer your profile.

CONTRIBUTION LICENSE

By posting your dream submissions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such dream submissions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such dream submissions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. For the avoidance of doubt, we will not use your dreams in such a way that you will be personally identifiable.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your dream submissions, and you warrant that moral rights have not otherwise been asserted in your dream submissions.

We do not assert any ownership over your dream submissions. You retain full ownership of all of your dream submissions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your dream submissions provided by you in any area on the Site. You are solely responsible for your dream submissions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your dream submissions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any dream submissions; (2) to re-categorize any dream submissions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any dream submissions at any time and for any reason, without notice. We have no obligation to monitor your dream submissions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

THIRD-PARTY WEBSITE AND CONTENT

The Site 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 Site or any Third-Party Content posted on, available through, or installed from the Site, 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 Site 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 Terms of Use 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 Site or relating to any applications you use or install from the Site. 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 harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless 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.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, 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 Site 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 Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.dreamme.co/privacy.

All personal information that we may use will be collected, processed, and held in accordance with the provisions of the UK Data Protection Act 2018 and the EU law retained version of the General Data Protection Regulation 2016/679.

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (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 TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND 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.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site 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 Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW AND JURISDICTION

These Terms and any non-contractual obligations arising hereunder, shall be governed by, and interpreted according to the law of England and Wales and all disputes arising under these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “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 from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of England and Wales.

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 and 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.

CORRECTIONS

There may be information on the Site 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 Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR 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 SITE 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 SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE 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 SITE, (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 SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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.

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 SITE, 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 TWICE THE FEES YOU PAY UNDER THESE TERMS OF USE IN THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 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.

We do not exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

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) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence 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.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. 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 Site. 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.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, 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 Site, 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 SITE. 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.

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.

THIRD PARTY RIGHTS

Unless it expressly states otherwise, these Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms of Use.

SEVERABILITY

If any provision of this these Terms of Use shall be held to be invalid or unenforceable, the remainder of these Terms of Use shall remain in full force and effect. To the extent that any expressed or implied restrictions are not permitted by applicable laws, these expressed or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

ENTIRE AGREEMENT

These Terms of Use constitute the entirety of the agreement between you and us. They supersede any communications or previous agreements (oral or written) with respect to the Site.. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us These Terms of Use 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. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

DISCLAIMER

We aim to increase wellbeing through dream monitoring and/or interpretation. By using our Site or any of our services provided by it including (but not limited to) interpretations, dream tracking functionality, blogs or email services, you acknowledge that we, our Directors and employees are not licensed psychologists, medical doctors, or health care professionals and these services do not replace the care of psychologists, doctors or other healthcare professionals.

Dream monitoring and/or interpretation is in no way to be construed or substituted as psychological counselling, psychotherapy, mental health counselling, or any other type of psychotherapy or medical advice. Additionally, any services and other materials offered through our Site have the potential to stir emotional or physical responses and/or stress. The objective of the services and offerings are educational, not psychotherapeutic in nature.

If you have been treated for, or believe you may have suffered from a psychological and/or traumatic injury, or are feeling suicidal or experience traumatic dreams, please consider if you are in a position to safely engage with the service or offering at this time. We would strongly recommend that you consult with a mental health professional. We will respond to such dream submissions as we would any other dream, but we strongly urge you to contact a medical professional, and our interpretations should not be deemed to be medical or any other advice.

We are not liable for any distress participation might create. We cannot guarantee the outcome of our services or blog or email services and any comments about the outcome are expressions of opinion only. We cannot make any guarantees other than to deliver the services purchased as described.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

DreamMe Ltd

71-91 Aldwych Holborn

London, England WC2B 4HN

England

[email protected]