We pride ourselves on being a premier, personalized, online international dating site where our members’ satisfaction is our primary focus. Because we are committed to protecting our users and our sites and services, we require you to abide by the following terms governing your use of our site, www.dream-singles.com (and any other Uniform Resource Identifiers we may use to provide the services described here; collectively we’ll refer to them as the “Site”). These terms constitute the “Agreement” between us. IF YOU DISAGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT GRANT YOU PERMISSION TO USE THE SITE.
The Site is and managed by Dream World Partners, Inc. (“we,” “us,” and “our”). By clicking the checkbox next to the text “I agree to the Terms and Conditions” or by using the Site, you accept this Agreement, the text of which is linked to from the “Terms and Conditions” link accompanying the “I agree” checkbox and on the bottom of the Site’s pages. In accepting this Agreement, you agree that you will be referred to as “you,” “your,” and “yourself” throughout. You further represent and warrant that you have the authority to enter into this contract, which shall be binding on you and your agents, assigns, and successors. We may update this Agreement from time to time without notice to you; you can always review the most current version of the Terms & Conditions agreement at any time at: http://www.dream-singles.com/terms.htm
1.1 Effective Date
This Agreement, including the Privacy Policy set forth herein (§ 3), is effective as of November 1, 2012.
1.2 Licensed Materials
Our intellectual property, including but not limited to, our logos, trade names, service marks and trademarks, and those for which we have a license to use. “Dream Singles” is a Service Mark, Registered with the U. S. Patent and Trademark Office.
1.3 Services
Each and every service we offer.
1.4 System
All of our software and hardware and all supporting technology.
1.5 Competitor
Any person, organization, or business entity providing dating and/or matchmaking services in competition with us, including any agents, representatives, partners, affiliates, subsidiaries, employees, independent contractors, joint venturers, and/or consultants of any such person, organization, or business entity.
1.6 Dollar
One dollar ($1.00) in United States of America (“U.S.”) currency, valued at the daily monetary exchange rate on the foreign exchange market as of the date at which any financial obligation hereunder arose.
2.1 General Restrictions
You may not access the Site or utilize our Services:
2.1.1. If you have not yet reached 18 years of age, or a sufficient age to legally consent to this
Agreement in your jurisdiction, whichever is greater;
2.1.2. If you are a convicted sex offender;
2.1.3. If you have a felony conviction or the equivalent in any jurisdiction;
2.1.4. If you have been convicted of any crime of moral turpitude; or
2.1.5. If you are not a natural person utilizing our Services solely for your own personal use and in good faith.
2.2. Consent to this Agreement
Before you may use any of our Services, you must read and agree to comply with this Agreement and understand and accept that this Agreement:
2.2.1. Takes effect the moment you access the Site or use any tools or Services we provide;
2.2.2. Contains all terms and conditions of your relationship with us and your use of our Services;
2.2.3. May only be amended or modified by us, unless we agree otherwise in writing with you;
2.2.4. May be amended or modified by us at any time and all such changes shall take full effect as soon as they are posted on the Site, with your continued use of our Services as irrefutable proof of your consent to the terms and conditions of the most current version of this Agreement;
2.2.5. Specifically prohibits you from using, without our express hand written permission, any robot, spider, scraper or other automated means (“Scraping”) to access our Site, specifically including Dream-Singles.com, or any other website, Services, and/or System we make available;
2.2.6. Generally prohibits you from copying, modifying, or distributing any information, rights, or content, including our copyrights and trademarks, from our Site, specifically including dream-singles.com, Services, and/or System;
2.2.7. Is the entire and only agreement between you and us;
2.2.8. Shall only terminate under the conditions provided for herein; and
2.2.9. Does not in any way create an agency, employee-employer, franchisor-franchisee, joint enterprise, joint venture, or partnership relationship between you and us.
3.1. General Provisions
3.1.1. Protecting your privacy is very important to us; so we do not sell your personal information and will only use it for obvious, legitimate business purposes, as set forth below.
3.1.2. We may offer you opportunities to communicate with third parties. Please remember that we do not control or guarantee in any way the safety of the content on websites not operated by us and any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose any personal information.
3.1.3. We follow established security procedures to keep your personal information safe from unauthorized third parties.
3.1.4. You alone are responsible for maintaining the security of your account access information – i.e., username, password and account-access hints.
3.1.5. You alone are responsible for confirming the accuracy of your personal information that we use to contact you, and the security and integrity of your personal email account(s). Any email message(s) we receive that appear to be from the email address we have on file for you shall be deemed to have been sent by you or your duly authorized agent with full authority to act on your behalf.
3.2. Personally Identifiable Information
3.2.1. Through your use of our Site and Services, we collect your name, address, telephone, email address and credit card information. We use this information to contact you when necessary, process payment for your use of our Services and to confirm your identity when you contact us. We also generate profiles of our users (via transparent GIFs, cookies, and logfile analysis) so that we can better determine what Services and System adjustments will optimize your experience with our Site.
3.2.2. We may share your personally identifiable information, as necessary to provide you with access to our Site and Services, with the following categories of third parties: Credit card or other payment processors; web analytics and web traffic analysis providers; and anti-fraud service providers.
3.2.3. We may also provide personally identifiable information to our legal representatives, as necessary, to defend ourselves from lawsuits or threats of lawsuit, and to enforce this Agreement; we may also provide personality identifiable information to collectors.
3.2.4. In the event that any government agency of any nation requests your personal information due to an investigation regarding any illegal conduct on your part, we will release your personal information to that agency upon their request. In the event that we believe you have violated the law of any jurisdiction, we will report the same to the relevant law enforcement agencies and release your personal information to them. In the event that any third party subpoenas your personal information regarding a civil matter on file in any jurisdiction, we will honor that subpoena and release the requested information accordingly.
3.3. Changes to Our Privacy Policy
Any changes to this Privacy Policy will be accompanied by a change in the Effective Date (- 1.1. ). It is your responsibility to periodically check this page for updates to this Agreement, including this Privacy Policy.
3.4. Effective Date
This Privacy Policy has the Effective Date specified herein (§ 1.1. ).
4.1. Modifications
We may change our fee schedule at any time and the new fee schedule shall be enforce immediately upon publication of the same on our web site or upon notice to you via email.
4.2. Automatic Membership Renewal
All memberships are provided on a monthly, recurring basis and will be automatically renewed one month from the date of your most recent membership fee payment, unless you notify us, in writing, at least seven calendar days before your current membership expires that you do not wish to renew your membership. All memberships are sold on a monthly, recurring basis. Your credit card will be charged a membership each fee each month unless you cancel your membership as set forth herein.
4.3. Outstanding Fees
We will make three attempts to charge your credit card on file with us for the purpose of collecting all outstanding service fees and then to renew your membership at the current level; your membership will default back to the introductory level if we are unable to collect all outstanding service fees and/or the renewal fee for your current membership level.
4.4. No Refunds
No fees shall be refunded and all sales are final. Please direct any billing questions to us via the “Contact Us” form linked to on the Site’s webpages.
We may offer you the opportunity to pay for membership at various levels with each level priced differently and granting you the opportunity to make use of a greater number of our Services.
Members only pay for their particular membership level and fees at all levels shall be recurring; see § 4 for more details.
We may cancel your membership or lower your membership level if we determine, in our sole discretion, that you have violated the terms of this Agreement or the law of any jurisdiction, or have engaged in any fraudulent or misleading conduct or communications with any site member or with us.
You may cancel your membership and/or remove your profile by visiting the Account Options page located on the home page once you login. Your cancellation shall take effect within twenty-four (24) hours.
6.1. Review and Right to Remove
We may review, and may delete, any content you post on the Site or utilizing our Services or System if we determine, in our sole discretion, that the content violates the rights of others or is otherwise not appropriate for the Site.
6.2. Assignment of Copyright and Other Rights
6.2.1. By submitting photograph(s), audio-visual works, text, or other materials (your “Materials”) to the Site, you acknowledge and agree that these Terms and Conditions, including this § 7.2. Assignment of Copyright, apply to your submission and our use of the Materials.
6.2.2. We want you to understand clearly what You are agreeing to. By submitting Your Materials and clicking on the box next to “I agree,” you hereby irrevocably grant us, in perpetuity, throughout the universe, in all media now known or hereinafter devised, a non-exclusive license to any and all of your rights, title and interest in these Materials, without reservation, including the copyrights in these Materials, and further including any moral rights, for the entire duration of any applicable copyright term, including any extensions subsequently enacted in any applicable jurisdiction, and any rights of publicity based on the Materials, for us to reproduce, prepare derivative works based on, distribute copies of, publicly display and/or publicly perform, or otherwise use, the Materials for any lawful purpose. To the extent any applicable law prohibits assignment of moral rights, you agree to waive any such rights as between you and us. We require this license of rights so that we can publish and display these Materials as part of our Website and related services. In addition, so that we can identify you properly, you grant to us a limited, royalty-free, non-exclusive, irrevocable, right to use your name, likeness, and biographical information, throughout the universe, in connection with the use of the Materials described herein. Any such use is, of course, subject to and limited by this Agreement including the Privacy Policy set forth herein (§ 3).
6.2.3. You understand and agree that you will not have any right of approval over the use of the Materials pursuant to this Agreement and you will not receive any additional compensation as a result of any use of the Materials or the rights granted pursuant to this agreement beyond the opportunity to use our Site and Services.
7.1. Regarding the Site
You agree that we will not be liable for any harm or loss that may occur in connection with:
7.1.1. Any act or omission by you or your agent, whether authorized or unauthorized;
7.1.2. Your use, or inability to use, our Site and/or Services;
7.1.3. Your messages or gifts to, contact with, or attempts to contact non-U.S. citizens or residents, regardless of where you or non-U.S. citizens or residents are located at the time;
7.1.4. Any public or private information, whether accurate, inaccurate, or fraudulent, provided by you or any non-U.S. citizens or residents;
7.1.5. Access delays or access interruptions to our Site and/or Services;
7.1.6. The failure to deliver or erroneous delivery of information;
7.1.7. Events outside our control, including but not limited to any lack of compatibility between you and any non-U.S. citizens or residents are compatible;
7.1.8. Your failure to pay us any applicable fees;
7.1.9. Any actions, orders or judgments of administrative, judicial and other governmental bodies.
7.2. In General
7.2.1. Our limitation of liability, specifically including but not limited to § 7.1.3, extends to occurrences beyond your use of the Site and/or Services that arose from such use, i.e., during trips by you or non-U.S. citizens or residents;
7.2.2. We shall not be liable to you or anyone else for delays in or failures to perform our obligations under this Agreement that directly or indirectly result from events or causes beyond our reasonable control including, but not limited to: hardware or software failures, other equipment failures, electrical power failures, labor disputers, strikes, riots, hurricanes, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or administrative bodies, or the non-performance of third parties.
7.2.3. We shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including but not limited to lost: profits, goodwill, use, data or other intangibles whether in contract, tort or negligence even if you we are aware of the possibility or probability of such damages.
7.2.4. If we are deemed liable to you by a competent court, our maximum possible liability to you for any reason shall not exceed one hundred dollars ($100).
7.2.5. We are not liable for any losses, damages or injury regarding any domestic or international travel that you or any third party engages in for any reason. You are solely responsible for all travel costs, fees and taxes. We do not offer travel services and are not a travel service agency.
8.1. Your Indemnification of Us
You agree to DEFEND, INDEMNIFY and HOLD HARMLESS us and our members, officers, employees, affiliates and agents, from and against any and all liabilities, losses, damages or costs, including all attorney fees, collection fees and court costs, related to any demand or litigation in any way related to:
8.1.1. Your use of our Site and/or Services;
8.1.2. Your interactions, or attempts to interact or meet, with non-U.S. citizens or residents;
8.1.3. Your breach of this Agreement;
8.1.4. Inaccurate or fraudulent information provided by you or a non-U.S. citizen or resident;
8.1.5. The cancellation of your membership or lowering of your membership level;
8.1.6. Infringement of any third-party rights arising from your use of our services; or
8.1.7. Any loss, damages or injury that you sustain regarding your interaction with any person you meet via our site
8.2. We Have No Responsibility for Third Parties
We do not guarantee or indemnify any losses, damages or injuries that you may sustain through your interaction with any person that you meet via our site. We are not responsible for any funds or valuables that you might give to any third person, and we do not guarantee that any person you meet via this site will agree to have contact with you. All persons that you meet via our site are free to discontinue contact with you at any time. Please use all common sense regarding your interaction with any person that you meet or contact via this site and be reasonably cautious in all your dealings with any person that you meet or contact via this site.
9.1. You Represent and Warrant That:
9.1.1. All information you provide to us and the Facilitator is complete, accurate and you will update your information within ten (10) calendar days after it becomes inaccurate;
9.1.2. You will not directly or indirectly infringe the legal rights of third parties or our Licensed Materials;
9.1.3. None of your agreements with us are entered into in bad faith and none of the information or documents your provide to us contain fraudulent or otherwise inaccurate information;
9.1.4. You meet all of the requirements (e.g., age, felony convictions, etc.) set forth in § 2.1. ;
9.1.5. You have the right to grant us all the rights granted herein (e.g., as set forth in § 7.2. ), and that any Materials submitted by you are owned by you and are not owned by or exclusively licensed to any other person or entity;
9.1.6. That any the Materials submitted by you, the creation of such Materials, and the use of those Materials, do not violate any law or regulation and do not infringe the rights of any person or entity, including, but not limited to, any copyright and/or rights of privacy or publicity;
9.1.7. You are not a Competitor;
9.1.8. You are using the site non-commercially, for the purpose of facilitating Your meeting and interacting with other users of our Site and/or Services; and
9.1.9. You are not copying from, using, or accessing any information on, the Site, Services, or System, specifically including the dream-singles.com website, (“Information”), via Scraping or by any other method, for any purpose not expressly authorized herein (unauthorized copying from, use of, or access of the site includes, but is not limited to, any copying, use, or access done with the intent of providing any Information to any Competitor).
9.2. No Other Warranties
9.2.1. To the extent permitted in any relevant jurisdiction, we make NO REPRESENTATIONS OR WARRANTIES OF ANY KIND in connection with this Agreement.
9.2.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THE SITE AND OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9.2.3. We do not warrant that our Services will meet your requirements, be uninterrupted or error free, or that they will meet with your satisfaction.
9.2.4. We do not make any warranties or representations regarding use, correctness, accuracy, or reliability.
9.3. You agree that:
9.3.1. You use the Site and our Services at your own discretion and risk;
9.3.2. You use our Services on an “as-is,” “where-is” and “as-available” basis;
9.3.3. You alone are responsible for any damage to your hardware and/or software, or loss of data, in any way related to your use of the Site or our Services;
9.3.4. Neither we nor our members, officers, employees or agents shall have any liability to you; and
9.3.5. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in this Agreement.
10.1. Cure of Breach
10.1.1. Unless otherwise provided herein, any breach of this Agreement by you must be remedied (cured) within five (5) calendar days of our providing you with notice of the breach.
10.1.2. If you fail to cure the breach within such 5 day period, we will have no further obligation to you and may terminate your membership and/or seek any other remedy available at law or in equity including but not limited to obtaining an injunction or specific performance.
10.2. Notice of Action Against Your Account
Except as otherwise specified in this Agreement, notice of our actions pursuant to this Agreement will usually be provided to you within fifteen (15) calendar days following the taking of such action.
10.3. Immediate Termination
10.3.1. Notwithstanding § 10.1.1 above, in the event that you materially (in our sole discretion) breach any provision of this Agreement, we reserve, and you agree that we shall have, the right, to immediately terminate your use of our Site, Services, and System, at our sole discretion.
10.3.2. In the event such a breach occurs by you, we may post on the Site that you have violated our terms and conditions of service.
10.4. Scraping Forbidden
Notwithstanding any other provision in this Agreement, you acknowledge and agree that: (a) any violation of the Scraping provisions (§§ 2.2.5, 10.1.9), above, is per se an unauthorized access within the meaning of 18 U.S.C. § 1030 (an “Access Violation”) and other similar federal and state laws; (b) we are not obligated to provide, and will not provide, any notice or period in which to cure any Access Violation breach of this Agreement; (c) any Access Violation shall obligate you to pay us liquidated damages of five thousand dollars ($5,000); (d) you acknowledge and agree that, notwithstanding any other provision herein, any Access Violation would cause irreparable harm for which damages are an inadequate remedy, and that therefore we shall be entitled, in the event of any Access Violation, to specific performance and injunctive or other equitable relief, without bond, in addition to all other remedies available at law; and (e) the five thousand dollar ($5,000) loss requirement of 18 U.S.C. § 1030 shall be waived for the purpose of any civil action we elect to bring against you.
10.5. Other Remedies
In the event we determine that you have or continue to violate this Agreement or the law of any jurisdiction, we reserve the right to bring a civil action against you seeking monetary damages and/or equitable remedies (including without limitation injunctive relief and specific performance), and/or refer your activities to appropriate law enforcement agencies for potential criminal prosecution. In connection with such activity we may, as set forth herein, use your personally identifying information to collect all pending and applicable fees and other amounts due, including sharing such information with debt collectors and our attorneys, as set forth in our Privacy Policy (§ 3.2.3). You may be responsible for the costs and attorneys’ fees of such action, as set forth below (§ 11.7. ).
10.6. Survival
The following Sections will survive any termination of this Agreement: [1] Definitions; [2] Conditions; [3] Privacy; [4.3. Outstanding Fees and [4.4. No Refunds; [7] Posted Content; [8] Limitation Of Liability; [9] Indemnity; [10] Representations And Warranties; and [12] Miscellaneous.
11.1. Notices
11.1.1. All notices from us to you shall be sent to your current email address on file with us and will be deemed delivered, and notice thus provided, when sent to the e-mail address then on record with us, even if such email address is no longer valid. It is your responsibility to keep your email address updated.
11.1.2. All notices from you to us shall be sent via by courier or registered or certified mail to our offices at: USA: Dream Singles, 9120 Double Diamond Parkway Ste. 3988, Reno, NV 89521, Telephone: 1(888)989-4889, and shall only be deemed delivered once the letter arrives at our office.
11.2. Severability
In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.
11.3. Integration
Except as otherwise set forth herein, this agreement constitutes the entire agreement between us and you with respect to the subject matter of the agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral; this Agreement shall not be modified, except expressly in a writing signed by all parties; any such writing shall be titled “Modification to Terms and Conditions” and such title shall be displayed prominently.
Should you wish to modify this Agreement before agreeing to be bound by it, or at any time thereafter, please send your proposed modifications to our offices, attention Legal Department, at the address provided herein for notices (§ 11.1.2). We may, in our sole discretion, refuse to adopt any proposed modifications.
We reserve the right to change, from time to time, the terms of this Agreement. Any such revised or amended Agreement shall be posted to the Site, and we may also provide notice of the new Agreement as specified herein. The most current version of this Agreement will supersede all previous versions of this Agreement. Your continued use of the Site, Services, or System subsequent to the effective date of any new Agreement will constitute your acceptance of and agreement to such Agreement.
11.4. Waiver
Our failure to require your performance of any provision of this Agreement shall not affect our right to require subsequent performance at any time of the same provision.
11.5. Law and Venue
This Agreement shall be construed as if both parties jointly wrote it, governed by the state and federal law and precedent of the State of California without regard to any conflict of laws provisions, and any cause of action arising under or relating to this Agreement must be brought in the state and federal courts of Los Angeles County, California, specifically, the Los Angeles County Superior Court and the United States District Court for the Central District of California, and you agree to submit to the exclusive personal and subject matter jurisdiction thereof.
11.6. No Third Party Beneficiaries
Except as otherwise expressly set forth herein, there shall be no third-party beneficiaries to this Agreement. Any assignments made by you of your rights or obligations hereunder are void unless consented to by us in writing. We reserve the right to assign our rights and obligations hereunder, at our sole discretion.
11.7. Dispute Related Fees and Costs
Within 60 days of the date of any event giving rise to a dispute, you must notify us in writing of such dispute, including a dispute over any charges and any services we provided, or you will have waived your right to dispute the charge or such services, or to bring or participate in any legal action raising any such dispute.
If we reasonably decide to retain an attorney or debt collector to enforce this Agreement, the prevailing party will be entitled to an award of all reasonable fees and costs, including reasonably incurred attorney fees, administrative fees, and technical fees, regardless of whether a judgment is rendered or suit is ever filed.
