The Dream VR Terms and Conditions
Posting Date: 28/02/2018
Effective Date: 29/02/2018
The Dream VR provides its content and merchandise to you through its website (www.thedreamvr.com) and mobile applications, smart TV applications, and virtual reality applications (collectively, the “Platform”). Please review the following terms of and conditions which govern your use of the Platform (the “Agreement”).
YOUR USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE PLATFORM.
1. Right to Change Platform
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Platform or any service, content, feature, or product offered through the Platform, with or without notice and/or offer opportunities to some or all users of the Platform. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform, or any service, content, feature or product offered through the Platform.
2. Platform Content
Unless otherwise noted, the Platform, and all features and materials on the Platform, including programming, text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled or licensed by The Dream VR, its affiliates, or its licensors. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Platform.
Subject to the restrictions set forth in this Agreement, The Dream VR grants you a limited, revocable, non-exclusive, non-sublicenseable license to access and use the Platform and Content solely for your personal, non-commercial purposes on your personal device.
You understand that the Content may include material that may be considered offensive or objectionable. Neither The Dream VR nor its licensors shall be liable to you for any such Content. Content categories identified on the Platform are for your convenience only, and neither The Dream VR nor its licensors guarantees the accuracy of these category descriptions.
Your use of the Platform, including any viewing of the Content, may result in data charges from your wireless or Internet providers.
Unless otherwise specified, the Platform and the Content are intended to promote The Dream VR’s products and services. The Platform is controlled and operated by The Dream VR from its offices located at 495 Brickel Avenue, Unit 4208, Miami, FL 33131.
3. Registration Obligations
You may be required to register with The Dream VR in order to access and use the Platform. In doing so, you agree to provide and maintain true, accurate, and complete information about yourself. If you are under 13 years of age, you may not use or register to use the Platform. If you are under the age of majority in the applicable jurisdiction, you may only use or register to use the Platform with the consent of your parent or guardian.
4. Content Codes
You may be required to use certain codes provided to you by The Dream VR to complete content purchases on the Platform. The codes provided to you are valid with and may be used for content purchases through the Platform on compatible hardware. The Dream VR reserves the right to change any content code(s) if necessary.
5. Account Access and Security
You are responsible for the confidentiality and use of your account, including your username(s), password(s), and content code(s). You agree not to hold The Dream VR liable for any damages of any kind resulting from your decision to disclose your username(s), password(s) or content code(s) to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy or advisor. If you inform The Dream VR or The Dream VR has reason to believe that the security of your account may be or has been compromised, we have the right to suspend or terminate your use of the Platform.
You agree to immediately notify The Dream VR if you become aware of any loss or theft of your username(s), password(s) or content code(s); or any unauthorized use of your username(s), password(s) or content code(s), or of the Platform.
6. Personal Information Submitted Through the Platform
7. Consent to Electronic Communications and Opting Out
You consent to the receipt of electronic mail, including newsletters, from The Dream VR. You may opt out of future emails about products or services by following instructions contained in an email that you receive from us (We reserve the right, however, to email you important information relating to your account.
8. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order) with the contract of sale.
9. User Comments, Feedback, and Other Submissions
We ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, customer reviews) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that The Dream VR may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to The Dream VR. The Dream VR is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay compensation for any Comments; or
(3) to respond to any Comments.
The Dream VR has the right but not the obligation to monitor and edit or remove any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead The Dream VR or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. The Dream VR takes no responsibility and assumes no liability for any Comments posted by you or any third party.
10. Online Conduct
The Platform is intended to be used only for lawful purposes. You are prohibited from posting on or transmitting through the Platform any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, indecent, scandalous, profane, bigoted or hateful, libelous, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you may not engage in any activity on the Platform that restricts or inhibits any other user from using or enjoying the Platform by means of "hacking," "cracking," "spoofing," or disabling or defacing any portion of the Platform.
If The Dream VR is notified of allegedly defamatory, damaging, illegal, or offensive content provided by a user, The Dream VR may investigate the allegation and determine, at its sole discretion, whether to remove or request the removal of such content from the Platform. The Dream VR may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Platform; or (iii) to protect the rights or property of The Dream VR, its users or third party service providers.
The Dream VR reserves the right to prohibit conduct, communication, or content that it deems, in its sole discretion, to be harmful to individual users or The Dream VR, any rights of The Dream VR or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither The Dream VR nor its providers can ensure prompt removal of questionable content after online posting. Accordingly, neither The Dream VR, nor its affiliates, nor any of their officers, directors, employees, or agents, nor providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Platform.
The Dream VR may terminate your access, or suspend your access to all or part of the Platform, without notice, for any conduct that The Dream VR, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or The Dream VR.
11. Prohibited Material
You may not post or transmit through the Platform: advertising or commercial solicitations; promotional materials relating to websites or online services which are competitive with The Dream VR and/or the Platform; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or the Content; or posts that express or imply that any statements you make are endorsed by The Dream VR. Additionally, you may not harvest or collect information about Platform visitors without their express consent.
You must obtain our prior written consent to link your website to the Platform or any Content.
The Dream VR or its representatives have the right, but not the obligation, to monitor the Content of the Platform to determine compliance with this Agreement. We retain our right to and with our sole discretion, edit, refuse to post or remove any material that we find to be in violation of these conditions or that is otherwise objectionable or offensive. This same discretion applies to our right of disclosure of any material submitted to the Platform and circumstances surrounding their submission to any third party in order to operate the Platform properly and to protect our sponsors, our visitors, and ourselves and to comply with our legal obligations and government requests.
13. Copyright Complaints
The Dream VR respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide The Dream VR's copyright agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Dream VR’s Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows:
The Dream VR
495 Brickel Avenue, Unit 4208
Miami, FL 33131
ATTN: DMCA Copyright Agent
Please note that this procedure is exclusively for notifying The Dream VR that your copyrighted material has been infringed.
14. Third Party Sites
The Platform may contain links to other websites. If you link to another website, you will leave the Platform and this Agreement will not apply to your use of, and activities on, those other websites. We encourage you to read the legal notices posted on those other websites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, those websites.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Platform (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not 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 such Linked Sites.
You agree to defend, indemnify, and hold harmless The Dream VR, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of this Agreement by you and/or your activities in connection with the Platform or any services related to the Platform. We may participate in the defense of any claim. You shall not settle any claim that affects The Dream VR without our prior written approval.
THE PLATFORM IS PROVIDED BY THE DREAM VR ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DREAM VR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE PLATFORM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DREAM VR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE PLATFORM, THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER DOES NOT APPLY TO ANY EXPRESS PRODUCT WARRANTY OFFERED BY THE DREAM VR WITH REGARD TO CERTAIN PRODUCTS SOLD THROUGH THE PLATFORM.
THE DREAM VR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.
THE DREAM VR, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, INFORMATION OR OTHER MATERIALS LOCATED ON THE PLATFORM.
THE DREAM VR MAKES NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (III) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT THE DREAM VR 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 PLATFORM. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM THE DREAM VR SHALL CREATE ANY WARRANTY ON BEHALF OF THE DREAM VR. IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE DREAM VR OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE DREAM VR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL THE DREAM VR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Nothing in the Agreement removes or limits The Dream VR’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
19. Applicable Law
This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, the principal place of business of The Dream VR, without giving effect to any principles of conflicts of law. You agree to bring any claims against The Dream VR, exclusively in the courts of the county of Miami-Dade in the State of Florida.
20. Export/Import; Lawful Use
Each party is responsible for complying with all laws and regulations applicable to its business and content, and all applicable import, export, and economic sanction laws and regulations. You are responsible for your use of the Platform and related products and services.
21. Class Action Waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND THE DREAM VR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and The Dream VR agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
22. Contact Us
If you have any questions concerning the Platform or this Agreement, please contact us using the information below.
The Dream VR
495 Brickel Avenue, Unit 4208
Miami, FL 33131
If you are a California resident, you may have this Agreement mailed to you electronically by sending a letter to The Dream VR., Attn: General Counsel,Albert Palay with your email address and a request for the Agreement. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Platform.