These Terms of Use (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Dream World Partners, Inc., doing business as Dream Singles ("Dream Singles", “we”, “us”, or “our”) (each a “Party” or collectively, the “Parties”), concerning your access to and use of the https://dream-singles.com/ website (the “Site”) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”). 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. CONTINUED USE OF THE SITE, INCLUDING (BUT NOT LIMITED TO) SIGN-UP, REGISTRATION, MESSAGING OTHER USERS, ACCESSING AN ACCOUNT, CLICKING “SIGN-UP”, BROWSING USERS’ PROFILES CONSTITUTE ON-GOING CONSENT AND AGREEMENT TO THESE TERMS.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Further, these Terms expressly incorporate the most recently posted version of our Privacy Policy according to its effective date. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revision is 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.
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. If we discover a user is under the age of 18, we will delete their account immediately and may otherwise attempt to restrict access to the Site.
We strongly advise you to use extreme caution before sharing personally identifiable information with other users of this Site. We discourage inappropriate or unsafe behavior by our members and actively take steps to ensure that this is a safe environment for all of our users. However, the nature of identifying and preventing harmful behavior is ever-changing, and, like any other similar service on the internet, we cannot guarantee an experience that is 100% free from unsafe or inappropriate behavior by other persons, users, or members. By using our Services, you agree and acknowledge that you are fully responsible for your use of them, and further expressly agree that we have no liability whatsoever related to behavior of other users or members, including any behavior that may be directly or indirectly contributed to by our actions or inactions. Further, you acknowledge and agree that you are responsible for reporting, discouraging, minimizing, refraining from, and avoiding harmful behavior, whether your own or that of other users. You expressly and explicitly agree to assume any risks of using this site, including (but not limited to) those in this partial disclosure below. Further, you expressly and explicitly agree to waive any or our liability related to, and to hold us completely harmless, for any type of harms incurred while using our Services (to the fullest extent permissible by law), including, though not limited to, the following:
We do not tolerate Inappropriate Behavior. You agree to refrain from the following (“Inappropriate Behavior”):
We take steps to detect and discourage Inappropriate Behavior, though we cannot guarantee our efforts are perfect. Please be aware of the above and report any situations where Inappropriate Behavior has occurred.
Convicted felons or individuals who have been required to register as a sex offender with any governmental entity are prohibited from using our Services. Nonetheless, WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF OUR USERS. We also do not inquire into the backgrounds of or to verify the statements of our members, but we reserve the right to conduct any criminal background check or other screening (such as sex offender registration services) at any time and using available public records, and may suspend or terminate accounts based on those investigations. Please be cognizant and informed about those you interact with on our Site.
We take steps to ensure that the profiles on our Site accurately represent the real-life person they purport to, including requiring video interviews, submission of identification, or other measures. We also attempt to restrict users who systematically spam users, create fake or duplicate profiles, violate the privacy of our users, induce users to enter fraudulent schemes or otherwise succumb to predatory behavior, or other exploitative activities. Nonetheless, nefarious actors are notorious for evading detection or restriction on the internet, including our methods. You acknowledge you are aware of this possibility as we cannot guarantee every profile is accurate. We attempt to remove accounts and profiles that we determine are deceitful, fake, or engaging in fraudulent behavior. If you discover any profiles you believe violate this goal or that we should be aware of in our attempts to block fake accounts, spam, or fraud, please report them so we may review.
Some of our users may utilize marriage agencies, dating advisors, or other intermediary agencies or services to help them find a romantic match or to use our Services (“Intermediary Service(s)”). Among other reasons, users may choose to utilize these services to help them find matchmaking platforms (such as our own), help to organize activity and identify potential matches across multiple dating sites, to help validate their identity or to create their profiles, to translate or otherwise help connect with or communicate with other users or members, or any other activity that assists users with using our Services. We do not prohibit the use of Intermediary Services on our Services. We may enter into certain agreements with these Intermediary Services, including providing or receiving monetary or other compensation, though it is possible that some are on our Site without any more formal agreement between us and them to a degree beyond any other user. We do take steps to prohibit Intermediary Services’ compensation of users, commit fraud upon or otherwise "scam" our users (see Section 3(c) above), or to deter any other harms to our users that may be caused by Intermediary Services, though we cannot guarantee that such preventative steps are 100% effective. These Intermediary Services may also send (bulk) messages on behalf of their customers or clients.
You acknowledge that you assume any and all risks associated with the existence of Intermediary Services on our Site and Services, including any conflict of interest (whether ours or the Intermediary Services’) that may formed by this type of arrangement. Further, you agree to hold us harmless from any related or associated harm.
We cannot guarantee that profiles represent users who participate on an active and ongoing basis We do not delete profiles for users whose membership is still active. We do attempt to remove a user’s profile from displaying on our Site to other members within a reasonable amount of time after they cancel their membership or delete their account. Nonetheless, please be aware that some profiles may reflect users who no longer actively access our Services on an ongoing basis, and make no representation or warranty that any profile that you view is active or that any messages or communications sent to an inactive account will be seen.
Any profile created on our Services is done so by a third-party, and we make no representation or warranty (express or implied) to the legitimacy, accuracy, truthfulness, or authenticity of third-party’s accounts. Further, we make no representation or warranty related to any specific outcome of using our Services or to any other expectation you may have in using our Services.
OUR SERVICES ARE PROVIDED “AS IS,” AND WE EXPLICITLY AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTY (IMPLIED OR EXPRESS), INCLUDING (THOUGH NOT LIMITED TO) ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY, OR WORKMANLIKE QUALITY.
Please be aware that by using our Site or Services, you accept, assume, and acknowledge our disclaimer of all associated risks posed by third parties, including (but not limited to) the aforementioned disclosures and disclaimers or any physical, financial, or other harms to you caused by third parties that you meet or interact with through our Services, whether such harms are caused directly our Services or through your subsequent communications with them thereafter.
We take the privacy and security of our users information and activities on our Site very seriously. Please review our Privacy Policy: by using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
We will send text messages only to those who subscribe to receive such text messages. You may subscribe through the Site to receive text messages. After opting-in, you may receive informational and transactional text messages (e.g., a text message to notify you when another member responds to your message). By agreeing to receive our text messages, you agree that we or our agents may use any automated or non-automated technology to send you informational and transactional text messages. You understand that you are not required to receive our text messages as a condition of purchasing property, goods, or services from us.
We do not charge you for our text messages program, however, message and data rates may apply. Depending on your plan with your wireless carrier or other applicable provider, you may be charged by your carrier or other applicable provider.
We may send you an initial text message confirming that we have received your opt-in. The number of text messages may vary depending on multiple factors, including how you use our services, and whether you take steps to generate additional text messages from us. Content is not available on all carriers and carrier participation could change. As of November 15, 2019, supporting carriers include AT&T, Spring, Verizon Wireless, T-Mobile, Cricket, MetroPCS or other wireless carriers. Carriers are not liable for any delayed or undelivered text messages.
By opting-in to receive our text messages, you represent that you are 18 years of age or older and understand the obligations and agree to the terms set forth in these Terms and our Privacy Policy, all of which form binding agreements between you and us. You further represent that you are the subscriber of the cellular service at the cellular number provided or that you are authorized by the subscriber to sign-up for text messages.
You can reply to one of our text messages with “STOP” in the instance that you no longer want to receive our text messages. Text message and data rates may apply to any text message communication. Upon unsubscribing, we may send you confirmation of your opt-out by text message. If you have unsubscribed to receiving text messages from us and want to re-register (opt-in), you can resume through a web form by opting-in again through your account profile.
You may also opt-out of receiving text messages by submitting a request through our Contact Us Form.
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.
By purchasing a membership, you authorize us to charge your credit card at such time and again at the beginning of any subsequent subscription period.
We may cancel your membership or lower your membership level if we determine, in our sole discretion, that you have violated these Terms or the law of any jurisdiction or have engaged in any fraudulent or misleading conduct or communications with any site member or with us, or if we are unable to collect membership fees from you to support continued membership for any reason.
You may cancel your membership and/or remove your profile by visiting the Account Options page located on the home page once you login, by calling us at the phone number provided below, or by sending us an email with information that can verify you are the individual who controls the account you would like to cancel. Your cancellation shall take effect within seventy- two (72) hours.
You must provide current, complete, and accurate information so we may bill you for your membership or services (“Billing Information”). You agree to only provide such current, complete, and accurate Billing Information, and to update your provided Billing Information as soon as needed to ensure continued access to your membership or our Services. If you fail to provide us with current, complete, and accurate Billing Information, you agree to that you are responsible for any accrued bills charged by us or any fees or penalties that either you or we may incur due to this failure, including those incurred by either your or our financial institutions.
Unless otherwise indicated by these Terms, you acknowledge and agree that all payments made to us are final, and that you will not challenge or dispute any charge with your bank or credit card provider. You further agree that should you have any problems with our billing efforts (such as double-billing), you will first attempt to resolve the issue by contacting us through our support channels. Should you open a dispute or challenge against one of our charges with your bank or credit card provider, you agree that you are responsible for any outstanding balance owed to us plus any dispute or similar types of fees charged by our bank, which may be as much as US$100. You agree that you will pay any outstanding balances you have with us within 30 days of the date they become outstanding. We may submit any balance outstanding after 30 days to a collections agency, and you agree to pay any fees associated with or assessed by the collections agency in addition to your outstanding balance with us, which may be as high as $100 or 50% of the outstanding balance (whichever is higher). Further, you agree that you are responsible for any fees associated with chargebacks that may be assessed against us, whether by your financial institutions or by ours, whether or not you choose to continue your membership or other subscription with us.
We may change our fee schedule at any time and the new fee schedule shall be enforced immediately upon publication of the same on the Site or upon notice to you via email.
All memberships are provided on a 30 day, recurring basis, and will be automatically renewed every 30 days 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 30 day, recurring basis. Your credit card will be charged a membership fee each month every 30 days unless you cancel your membership as set forth herein. UNTIL TERMINATED, WE MAY AUTOMATICALLY RENEW ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE OR IN PERPETUITY (IF THERE IS NO EXPIRATION UNDER THE ORIGINALLY PURCHASED PLAN).
We will make at least 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.
No fees or payments shall be refunded, and all sales are final, including payments for any unused credits on the Site or unutilized portions of membership. Any fees collected, whether on a one-time or recurring basis, will not be refunded partially nor fully. If you make any purchase on our site, including credits or subscriptions, beware that we you will not be refunded that amount for any reason (unless required by law). This policy also applies to any existing credits or payments associated with accounts that are suspended or banned for Inappropriate Behavior, for violating these terms, or for any other reason. Please direct any billing questions to us through the 'Contact Us' form linked to on the Site's webpages.
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, foreign jurisdictions, and international conventions. "Dream Singles" is a Service Mark of Dream Marriage Group, Inc. 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, 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.
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 within ten (10) calendar days after it becomes inaccurate; (3) you have the legal capacity and you agree to adhere to and comply with these Terms; (4) you will update any Billing Information as soon as is necessary to prevent any difficulties in continuing to collect your payments or fees; (5) you are not a minor in the jurisdiction in which you reside, and are at least eighteen (18) years of age regardless of which jurisdiction you reside; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; (8) your use of the Site will not violate any applicable law or regulation; (9) you meet all of the requirements (e.g., age, felony convictions, etc.) set forth in these Terms; (10) you are not a competitor of our Site or the services we provide; (11) you have never been convicted of a felony and you are not required to register as a sex offender with any government entity; and (12) 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.
You may be required to register with the Site. 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, or that your profile is being used by an individual or party inconsistently with these.
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 endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
By posting your Contributions to any part of the Site, you automatically grant (and 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 any and all such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
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 Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions 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 Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. You understand and agree that you will not have any right of approval over the use of the Materials pursuant to these Terms and you will not receive any additional compensation as a result of any use of the Materials or the rights granted pursuant to these Terms beyond the opportunity to use our Site and Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ('Submissions') provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
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.
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; (5) review, modify, and/or delete any content you post on the Site or utilizing our Services or System (including messages sent or your profile) if we determine, in our sole discretion, that the content violates the rights of others or is otherwise not appropriate for the Site for any reason; and (6) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
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 our Designated Copyright Agent 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 federal 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.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Copyright Agent
The Internet Law Group
9100 Wilshire Boulevard, Suite 725 E,
Beverly Hills, California 90212
dmca@tilg.us
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. We may also post on the Site that you have violated our terms and conditions of service.
Notwithstanding any other provision in these Terms, you acknowledge and agree that: (a) any violation of any scraping provision, 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 these Terms; (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.
The Sections 1, 4, 7, 8, 9, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 31 will survive any termination of these Terms.
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.
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and to be entirely performed within the State of Nevada, without regard to its conflict of law principles or to your state of residence.
IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) WILL BE RESOLVED BY BINDING ARBITRATION. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") that are available at the AAA website: www.adr.org. Detailed information concerning the AAA arbitration process, the forms for initiating an arbitration case, the fees, and the methods for selecting arbitrators, hearing locations, and other details are available online at www.adr.org. The arbitration process typically offers a faster and less expensive resolution of disputes than court proceedings, and allows more flexibility for the parties to select independent arbitrators rather than being assigned a judge. The AAA arbitration process also requires adherence to a much faster timeline for hearings and resolution than the court system. Notwithstanding this mandatory arbitration provision, the Consumer may still have options to submit their claim to the applicable Small Claims Court as discussed in the AAA procedures at www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in in either Los Angeles County, California or in Washoe County, Nevada, or the United States District Court for the District of Nevada or the United States District Court for the Central District of California, as is appropriate for the nature of the claim(s), and the Parties waive their right for any action or claim to be heard in any other state or federal court. The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.
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.
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.
The Parties agree that the following Disputes are not subject to the above provisions concerning 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.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN, OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AND/OR CLASS ARBITRATION AS TO ANY CLAIM, DISPUTE, OR CONTROVERSY THAT YOU MAY HAVE AGAINST DREAM SINGLES (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, REPRESENTATIVES, AND/OR ASSIGNS). YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A CLASS ACTION LAWSUIT AND/OR CLASS ARBITRATION, AS APPLICABLE, OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT AND/OR CLASS ARBITRATION, AS APPLICABLE. THE PROVISION PREVENTING YOU FROM BRINGING, JOINING, OR PARTICIPATING IN CLASS ACTION LAWSUITS AND/OR ARBITRATIONS: (I) DOES NOT ACT AS A WAIVER OF ANY OF YOUR RIGHTS OR REMEDIES TO PURSUE A CLAIM INDIVIDUALLY, AND NOT AS A CLASS ACTION OR CLASS ARBITRATION, IN BINDING ARBITRATION AS PROVIDED ABOVE; AND (II) IS AN INDEPENDENT AGREEMENT.
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.
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 THAT OUR SITE OR THE SERVICES CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE, OR THAT THEY WILL MEET YOUR SATISFACTION. 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.
You agree that we will not be liable for any harm or loss that may occur in connection with: (1) Any act or omission by you or your agent, whether authorized or unauthorized; (2) Your use, or inability to use, our Site and/or Services; (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; (4) Any public or private information, whether accurate, inaccurate, or fraudulent, provided by you or any non-U.S. citizens or residents; (5) Access delays or access interruptions to our Site and/or Services; (6) The failure to deliver or erroneous delivery of information; (7) Events outside our control, including but not limited to any lack of compatibility between you and any non-U.S. citizens or residents; (8) Your failure to pay us any applicable fees; or (9) Any actions, orders or judgments of administrative, judicial and other governmental bodies.
Our limitation of liability 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; We shall not be liable to you or anyone else for delays in or failures to perform our obligations under these Terms 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. 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. 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 United States dollars ($100 USD). 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.
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 $100.00 USD. CERTAIN STATE 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.
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) your interactions, or attempts to interact or meet, with non-U.S. citizens or residents; (5) any breach of your representations and warranties set forth in these Terms of Use; (6) Inaccurate or fraudulent information provided by you or a non-U.S. citizen or resident (7) the cancellation of your membership or lowering of your membership level; (8) your violation of the rights of a third party, including but not limited to intellectual property rights; (9) any overt harmful act toward any other user of the Site with whom you connected via the Site; or (10) any loss, damages or injury that you sustain regarding your interaction with any person you meet through our site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
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.
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.
Any complaint, under California Civil Code Section 1789.3, by California residents, that is not satisfactorily resolved is allowed for contact with 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.
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. 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. 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. 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. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these 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 defenses 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. 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 these Terms, the prevailing party in any action other than an arbitration under the AAA shall 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.
For subscribers residing in New York:
For subscribers residing in North Carolina:
You may review the North Carolina Buyer’s Rights here.
For subscribers residing in Illinois, New York, North Carolina, and Ohio:
Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us in writing delivered to Dream Singles, Attn: Cancellations, 680 W. Nye Suite 201 Carson City, NV 89703, USA, and we will work with you to provide alternative services or a refund.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
The following provisions are added to these Terms only for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You may cancel this agreement as it pertains to any membership you have purchased and to any unused credits you have purchased, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To exercise your rights under this section, send (via certified mail) a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to:
Dream Singles
Attn: Cancellations
680 W. Nye Suite 201
Carson City, NV 89703
United States
(in addition, California and Ohio users may email us at info@dream-singles.com or send a facsimile to 214-853-4309).
Please include your username, email address, and residency address in any correspondence or your refund may be delayed. If this cancel is sent within the three business day window described above, we will fulfill your request as is required by your state of residence. Upon any successful cancellation, we will return, within fourteen days of the date on which you give notice of cancellation, any payments you have made that are refundable under this section.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.
If you have any other questions regarding these Terms and Conditions, or in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Dream World Partners, Inc.
680 W. Nye Suite 201
Carson City, NV 89703
United States
Phone: (888)989-4889
info@dream-singles.com