Last updated: February 17, 2019
Please read these Terms and Conditions (“Terms” or “Terms and Conditions”) carefully before using the http://dreamOway.com website or the DreamOway mobile application (together, or individually, the “Service”) operated by DreamOway, Inc. (“us”, “we”, or “our”), dreamOway TV.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms as such are amended from time to time. These Terms apply to all visitors, users and others who wish to access or use the Service, whether as a guest or as a registered user. Subject to your agreement to and compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the Service solely for your personal, non-commercial use in accordance with these Terms.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, including dreamOway TV.
Our Service allows you and others to post, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own all right, title and interest in and to it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) the Content is true, accurate, current and complete. We reserve the right, in our sole discretion, to terminate the account of anyone found to be infringing on a copyright or for any other reason.
Subject to the rights granted by you herein, you retain any and all of your rights to any Content you submit, post or display on or through the Service. You agree that you are solely responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content or using the Service you grant us the perpetual right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
By uploading, sharing, providing, or otherwise making available any Content, or any portion thereof, in connection with the Services, you hereby grant and will grant us and our affiliated companies and users a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any Content contains your name, image or likeness, you hereby release and hold harmless us and our contractors, agents and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your Content (including your name, image or likeness). Also, if any person other than you appears in your Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for our benefit in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of Content is voluntary and that you will not receive compensation of any type (financial or otherwise) associated with the licenses, waivers, and releases set forth herein (or our exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. You authorize us to provide information relating to your Dream or any Content to anyone, including law enforcement and to assist in any investigation brought relating to your Dream or Content.
DreamOway, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of DreamOway, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, reproduce, store, sell, license, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. Notwithstanding anything to the contrary, you are permitted to download, copy and/or print pages from the Service for personal, non-commercial home use only.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of any Content you have made. No right, title or interest in or to any Content or any part of the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Services are offered as a platform to allow you to share your dreams (“Dreams”) with others and accept assistance or monetary donations (“Donations”) from others. We do not charge for the Services although monetary donations will be subject to industry-standard transaction fees.
Please note that we are not a broker, agent, financial institution, creditor or a 501(c)(3) nonprofit corporation. We do not guarantee the accuracy, completeness, timeliness or reliability of any information or Content. Before making any decisions to assist with any Dream(s) or to financially contribute toward assisting someone with a Dream you should consult with your legal, financial, tax and other professional advisors. We do not endorse any Dreams. We make no guarantee, express or implied that any Content or other information provided through the Service is accurate or complete and we disclaim all liability with regard to the Content and other information provided through or in connection with the Service to the fullest extent permitted by law.
We assume no liability relating to any Donations that you make. It is your responsibility to know how your Donation will be used. We do not and cannot verify any Content nor do we or can we guarantee that any Donation will be used in accordance with the Dream described or in compliance with all applicable laws. However, if you become aware of, or have reason to believe, that Donations are not being used for their stated purpose, please alert our team of this potential issue and we will investigate by emailing us at email@example.com
You agree to use the Service in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, regulation, requirement, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct will accessing or using the Service. Additionally, by using the Service and posting a Dream, you represent, warrant and covenant that: (a) all information you provide is accurate, complete and not intended to or likely to deceive others, (b) all Donations will be used solely as described in the Content or other materials that you post or otherwise provide, (c) you will not infringe on the rights of others, (iv) you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, political contributions, and asset disclosures for your Dream; and (v) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us.
In connection with your use of the Service, you will not:
Additionally, you specifically agree that you shall not seek to raise Donations or receive any other assistance with the implicit or explicit purpose of or involving or depicting:
With regard to all Donations you make or accept through the Service, you agree:
We reserve the right to refuse, condition or suspend any Donations or other transactions that we, in our sole discretion, believe violate our Terms or harm or may harm our interests or those of our users or other parties or that expose you, us or other parties to risks that we deem unacceptable. We also reserve the right to share any information related to your use of the Service with any regulatory authority, law enforcement agency or financial institution consistent with what we believe to be our legal obligations. This information may include your identity or other information about you, your Content, any Donations accepted by you or any transacions made through or in connection with your use of the Service.
When you create an account with us, you agree to provide and maintain true, accurate, current and complete information about yourself as requested by our registration form. You must register using your true identity, including your name and any image or video purporting to depict you or any beneficiary of your Dream. If you are under the age of 13 (16 in Europe) you are not authorized to use our Services, with or without registering. Additionally, if you are under the age of majority in your jurisdiction, you may use the Services, with or without registering, only with the approval of your parent or guardian. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of your account on the Service. Furthermore, you guarantee that your use of the Service will not violate any law in any applicable jurisdiction in any country. If you do not meet all of these requirements you must not use the Service.
Certain aspects of our Service may require that you register with and agree to the terms of third-party service providers such as payment processors. If we or any of these third parties at any time discovers that the Content or other information you have provided is incorrect or violates any of these Terms, we may immediately suspend or terminate your account on the Service. In such case you may also be subject to fines imposed by relevant authorities, which will in all cases be payable by you. We also reserve the right to place a hold on any account and restrict your access to funds contributed through Donations if we believe or have reason to believe in our sole discretion that the Content or other information you have provided is incorrect or violates any of these Terms, if we have reason to believe that you (alone or with others) are engaged in any fraudulent, suspicious or misleading activity or if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. We will assume that all actions taken from your account are done by you or under your supervision. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You agree to provide up-to-date, complete and accurate information on your account. You also agree to promptly update your personal account when necessary, so that we may contact you if needed.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene as determined by us in our sole and absolute discretion.
Also, it is solely your responsibility to determine what, if any, taxes apply to any Donations or other assistance you receive through use of the Service. It is solely your responsibility to assess, collect, report and remit the correct tax, if any to the appropriate tax authority.
Anyone wishing to provide a Donation (a “Donor”) will be required to provide us with information regarding such Donor’s credit card or other method of payment (either, a “Payment Method”) that is linked to such Donor’s account. All Donors represent and warrant to us that such information is true and that the Donor is authorized to use the Payment Method. Donors agree that all Donations are final and will not be refunded unless we, in our sole discretion, agree to issue a refund. We use third-parties to process payments and bill Donor’s through the Payment Method and Donor’s use of such third parties constitutes Donor’s agreement to any and all applicable terms established by such third parties.
We will attempt to make Donations available to you promptly, but you acknowledge and agree that Donations may not be available for use immediately and that we do not guarantee they will be available within any specific time frame. We expressly disclaim any and all responsibility or liability or consequences arising from any delay or inability to access and use any Donations at any specific time. We are not liable to you for any third party claims, damages, costs, losses or other consequences caused by us issuing any refunds, if we decide to do so, including but not limited to any transaction or overdraft fees.
The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, we are PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You 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):
You can contact our Copyright Agent via email at and deliver the notice and all completed items to email@example.com
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of DreamOway, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DreamOway, Inc. Our name, our logo and all related names, logos, product and service names, designs and slogans are our trademarks or trademarks of our affiliates or licensors. You must not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.
Our Service may contain links to third party web sites or services that are not owned or controlled by DreamOway, Inc. These links are provided for your convenience only.
DreamOway, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
You acknowledge and agree that DreamOway, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. If you decide to access any of the third party websites or services linked to our Service, you do so entirely at your own risk and subject to the terms and conditions for use of such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately or any portion or the entirety of the Service, temporarily or permanently, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. In any such event, you agree that we have no liability to you or any third party for any claims, damages, costs or losses resulting therefrom.
You agree that we suspend or terminate your account, or any part thereof, or your access to the Service, or remove and discard any Content or other data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
If you wish to terminate your account, you may simply discontinue using the Service at any time.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Specifically, you agree that the perpetual license granted by you in relation to Content is irrevocable and will, therefore, continue after expiry or termination of this or any agreement for any reason. Furthermore, you agree that we shall have no liability or responsibility to you and that we are not responsible for any loss, damage or harm related to your inability to access or use the Service based on such termination.
You agree to release, defend, indemnify and hold harmless DreamOway, Inc. and its licensee and licensors, and each of their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service. You agree that we have the right to conduct our own defense of any claims at our own discretion and that you will indemnify us for the costs of such defense, including but not limited to our attorney’s fees and costs. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
In no event shall DreamOway, Inc., nor its managers, officers, directors, employees, partners, agents, suppliers, members, shareholders, licensors or affiliates, be liable for any indirect, incidental, special, consequential, punitive or multiple damages, including without limitation, loss of profits or revenues, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or Content of any third party on the Service; (iii) any Content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Neither we nor any person or entity associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Service.
DreamOway, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses, malware or other harmful components; or d) the results of using the Service will meet your requirements. Additionally, DreamOway, Inc. makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user Content, or any other product or service advertised, offered or promoted by a third party on or through the Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that DreamOway, Inc. is not responsible or liable for any transaction between you and third-party providers of third-party applications or products or services advertised on or through the Service. This does not affect your statutory rights as a consumer. Additionally, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer or other equipment, computer programs, data or other proprietary material due to your use of the Service or your downloading any material posted on the Service or any web site linked to it. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law and Jurisdiction
These Terms and all matters related to the Service, and any dispute or claim arising herefrom or therefrom or related thereto (including, in each case, non-contractual disputes or claims) shall be governed and construed in accordance with the internal laws of Florida, United States, without regard to any choice or conflict of law provisions (whether or Florida or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States for the Southern District of Florida although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts and agree that such courts are a convenient forum for the resolution of all disputes.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the other provisions shall not be affected thereby.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Please check the Terms periodically for changes. If we make changes we will update the “Last Updated” date above. If a revision is material we will make an attempt to notify you of such change at least 15 days prior to such terms taking effect through means such as sending you an email to the address we have on file for you or presenting a pop-up window or other notification to you through the Service when you log in. What constitutes a material change will be determined at our sole discretion.
You are expected to check this page each time you use the Service so that you are aware of any changes as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and must stop accessing and using the Service.
If you have any questions about these Terms, please contact us:
By email: firstname.lastname@example.org