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(This agreement was last updated on November 11, 2010)
2. Sharing Your Content and Information
The information you post on DOM is yours and you can control how it is shared through your privacy
and application settings. In order for us to use certain types of content and allow you to use DOM, you agree to the following:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with DOM ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- We always appreciate your feedback or other suggestions about DOM, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep our users safe, but we cannot guarantee it. We need your help in order to do that,
which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications to users (such as spam).
- You will not collect users' information, or otherwise access DOM, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission and the permission of its users.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
- You will not use DOM to do anything unlawful, misleading, malicious, or discriminatory.
- You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
DOM users provide their real names and information, and we need your help to keep it that way. Here
are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on DOM, or create an account for anyone other than yourself without permission.
- You will not use DOM if you are under 13 without the consent of a parent or guardian.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on DOM that infringes someone else's rights or otherwise violates the law.
- We can remove any content you post on DOM if we believe that it violates this Statement.
- If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks without our written permission.
- You will not post anyone's identification documents or sensitive financial information on DOM.
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on DOM within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Payments made in our shop are subject to our payment terms.
8. Advertisements on Dreams of Mine
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- We do not give your content to advertisers.
- You understand that we may not always identify paid services and communications as such.
- We can change this Statement so long as we provide you notice through DOM (unless you opt-out of such notice) and an opportunity to comment.
- For all changes we will give you a minimum of seven days notice.
- If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
- We can make changes for legal or administrative reasons upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of DOM to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. Several sections of this Statement will still apply even after your account is deleted or inactive.
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or DOM in a state or federal court located in BC Canada. The laws of the Province of British Columbia Canada will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Vancouver BC, Canada for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions or your content on DOM, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP DOM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING DOM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT DOM WILL BE SAFE OR SECURE. DOM IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR DOM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR DOM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DOMíS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- By "DOM" we mean the features and services we make available, including through (a) our website at www.dreamsofmine.com and any other DOM or GE Motivation Inc. branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
- By "us," "we" and "our" we mean DOM and/or its affiliates.
- By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from DOM and provide data to us relating to DOM users.
- By "content" we mean the content and information you post on DOM, including information about you and the actions you take.
- By "post" we mean post on DOM or otherwise make available to us.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
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- This Statement makes up the entire agreement between the parties regarding DOM, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Agreement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.