DREAMMEETER
TERMS OF USE
Last
Updated: October 25, 2024
DreamMeeter
LLC welcomes you to its online service (the “Service” or
“Platform”). By using this Service you are agreeing to the
following Terms of Use (“TOU”), whether or not you are a
registered user of Dreammeeter.com. The TOS may be updated from time
to time without notice to you. However, you can always find the
latest TOS at www.dreammeeter.com/terms and should check
regularly for updates and changes.
In
addition, when using the Service, you shall be subject to any posted
policies, guidelines or rules applicable thereto. All such policies,
guidelines and rules are hereby incorporated by reference into the
TOS. You further agree that, except as otherwise expressly provided
in this TOS, there shall be no third-party beneficiaries to this
agreement.
ARBITRATION
NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED
BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE
EXPLAIN SOME EXCEPTIONS TO ARBITRATION BELOW.
IF
YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT
USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL
OF THE MOST CURRENT TERMS AND CONDITIONS FOR ITS USE.
DREAMMEETER
IS CURRENTLY IN ITS BETA PHASE, AS SUCH, SOME OR ALL OF THE PAYMENT
TERMS BELOW MAY NOT CURRENTLY BE APPLICABLE.
1. DEFINITIONS
“Content”
means any material uploaded to DreamMeeter by any User, including
any photos, videos, audio (for example music and other sounds),
livestream material, data, text (such as comments and hashtags),
metadata, images, interactive features, emojis, GIFs, memes, and any
other material whatsoever;
“Terms
of Use” (also called “your agreement with us” or
“TOU”) means the legally binding agreement between you
and us which consists of: (i) these Terms of Use for all Users, (ii)
Privacy Policy, (iii) Acceptable Use Policy, (vii) Complaints
Policy, and (ix) Community Guidelines;
“User”
means any user of DreamMeeter, including Hosts and Guests (also
referred to as “you” or “your”). A User can
sign up as either a Guest, a Host, or both.
2. DESCRIPTION
OF SERVICE
DreamMeeter
makes available a collection of resources to its registered and
non-registered Users as the Service. Users can create Content, meet
with other Users via videoconference for a fee, select favorites,
edit, rate, comment and read other people's Content.
THE
SERVICE IS PROVIDED "AS IS" AND DREAMMEETER ASSUMES NO
RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY
COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS.
ADDITIONALLY, DREAMMEETER PROVIDES INFORMATION WITHOUT WARRANTY OF
ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR
THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE
INFORMATION.
Unless
explicitly stated otherwise, any new features which augment or
enhance the Service, including without limitation the release of new
DreamMeeter properties, are subject to the then current TOU.
All
Users must abide by the TOU. If a User fails to follow any of the
guidelines and/or rules of behavior, DreamMeeter can discontinue
their ability to use the site at any time. In addition, we have the
right to delete any piece of Content, and provide comment on any
topic or profile we find objectionable in our reasonable discretion.
You
may only use this website for purposes expressly permitted by the
TOU. As a condition of your use of DreamMeeter, you represent and
warrant to DreamMeeter that you will not use the website and any
Service for any purpose that is unlawful, offensive, and/or
prohibited by this TOU.
You
alone are totally responsible for any activity that takes place on
DreamMeeter under your name and password. If you become aware of any
unauthorized use of your username and/or password it is your
responsibility to notify DreamMeeter immediately. It is up to you to
maintain the confidentiality of your password and username at all
times.
You
understand that you may receive business-related communications from
DreamMeeter such as Service announcements and account administrative
notices and you agree that these communications are not “unsolicited
commercial email advertisements” and thus, subject to all
applicable laws, you agree to receive them and you will not be able
to opt out of receiving such communications.
As
User you also understand and agree that the Service will also include
advertisements. You agree that such advertisements are not
“unsolicited commercial email advertisements” and, subject to all
applicable laws, you agree to receive them and you will not be able
to opt out of receiving such communications. You understand and agree
that your correspondence or business dealings with, or participations
in promotions of, advertisers found on or through the Service,
including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between you and the advertiser. You agree that
DreamMeeter shall not be responsible or liable for any loss or damage
incurred as the result of such dealings or as the result of the
presence of such advertisers on the Platform.
You
understand that you are responsible for obtaining access to the
Service and that access may involve third party fees. You are totally
responsible for obtaining such access and paying those fees.
YOU
MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO ACCESS AND VIEW THE
SERVICE. IF YOU ARE SEVENTEEN (17) YEARS OR YOUNGER, DO NOT USE THIS
SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.
3. RULES
OF BEHAVIOR
You
are solely responsible for your own communications and Content
including any data, images, graphics, text, audio, video, email,
links, and/or screen names you post to the site. You agree to use
the Service to post and receive communications and Content that are
legal and proper.
You
must not abuse, defame, harass, stalk, threaten, intimidate, or
otherwise violate the legal rights of others.
You
must not upload, post or link to any material that is inappropriate,
defamatory, infringing, obscene, vulgar, libelous, racially or
ethnically hateful, objectionable, or unlawful (or promote or
provide instructional information about illegal activities or
communications that could reasonably cause damage, loss, harm, or
injury to any individual or group).
You
must not post, upload or link to (a) anything that promotes or
distributes pyramid schemes or chain letters, or (b) other
disruptive, illegal or immoral communications of any kind.
You
must not post, upload or link to anything that harvests or otherwise
collects information about other Users, including without limitation
addresses, phone numbers, e-mail addresses, and/or health or
financial information of any kind, without the Users’ prior
express consent in each instance.
You
must not post, upload or link to anything that advertises any
third-party commercial endeavor (e.g., offering for sale any
products or services) or otherwise engages in any third-party
commercial activity (e.g., conducting raffles or contests,
displaying sponsorship banners, and/or soliciting third-party goods
or services), or solicits funds, advertisers or sponsors for any
purpose.
You
must not upload or post anything that infringes any patent,
trademark, copyright, trade secret or other intellectual property or
other legal right of a third party without prior written permission
from the third party in each instance, which written permission you
agree to disclose to us at any time on our request (subject to all
applicable laws). You must not intentionally download any material
that you know or should reasonably know cannot be distributed
legally.
You
must not impersonate another person, group of people, or entity at
any times, which includes not using anyone else's username or
password.
You
must abide by all applicable Federal, State and local laws. If you
are outside the United States, you may not use DreamMeeter or its
Services. By using the Services, you represent and warrant that you
are using DreamMeeter and/or the Services within the United States.
You
must not transmit any viruses, worms, defects, Trojan Horses or any
items and/or computer code, files or programs of a destructive
nature and/or otherwise designed to interrupt or limit the
functionality of any computer software or hardware or
telecommunications device.
You
must not do anything that disrupts the normal flow of dialogue,
causes a screen to scroll faster than other users are able to type,
or otherwise act in a way which affects the ability of other people
to engage in real-time activities through this website.
You
must not interfere with or disrupt the Service or servers or
networks connected with the Service or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service.
You
must not retrieve, store or collect personal information about any
User for any unauthorized purpose, and may not retrieve, store, or
collect personal information about any user for any valid purpose
without such user’s prior written consent in each instance (and
acknowledgment that they are at least eighteen (18) years of age).
You may not share your meeting with any other persons. Meetings are
between Guest and Host only, including screen captures and/or live
streaming. Except for the express purpose of a meeting between
Guest and Host, you may not repurpose any screen captures, video,
photos, data, information, audio, or the like for any other
purpose.
You
cannot use the DreamMeeter name or trademarks or related trade
names, which you acknowledge here to be valid, subsisting and
enforceable without impediment, and you will not expressly or by
implication create the false or misleading impression that
DreamMeeter is associated with, or endorses, or is in any way
connected with you, your business, or your Content.
WHILE
DREAMMEETER EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE
AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND
THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT NEITHER
DREAMMEETER, ITS SUBSIDIARIES NOR ANY OF ITS AND THEIR MEMBERS,
MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS SHALL HAVE
ANY LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY
THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY
DREAMMEETER IN WRITING.
YOU
UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF
BEHAVIOR, DREAMMEETER CAN TERMINATE YOUR USE OF THE SERVICE
IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND,
SET-OFF OR A HEARING.
4. CONTENT
As
a registered User, you will be able to upload and post a great
variety of materials and information, including but not limited to
text, audio, video, via videoconference, photographs, graphics and
other materials (“Content”). This means that you have sole
responsibility, not DreamMeeter, for all of the Content that you
upload post, email, transmit or otherwise make available through the
Platform, and to make sure that you are in compliance with the rules
of behavior set forth herein relating to such Content. Any Content
that you write, post, upload or link to on DreamMeeter is entirely
your responsibility.
DreamMeeter
shall have no liability of any kind with respect to any Content
posted or experienced via videoconference by you or other Users of
the Service. You agree that you must assess and bear all risks
associated with your use of any Content. In this regard, you may not
rely on any Content created by other DreamMeeter members or otherwise
created, distributed and displayed on any part of the Service.
DreamMeeter does not control or monitor all of the Content posted via
the Service or the Content experienced via videoconference between
users and, as such, does not guarantee the accuracy, integrity or
quality of such Content.
The
Content created by you must be owned by you or you must have been
granted the prior permission to use such Content by its owner.
DreamMeeter does not own any of the Content you post. By placing
Content on the Platform you are providing DreamMeeter with a
worldwide, irrevocable, royalty-free, unlimited, non-exclusive
license, for as long as the Content is part of your profile, to
publicly display, modify, reproduce and distribute your Content, in
whole or in part, on the site for editorial and promotional purposes
of the site. DreamMeeter reserves the right to exploit or promote
this Content in connection with the promotion of the Service and
other services offered by DreamMeeter.
Unless
you make it clear that specific Content you post cannot be copied or
used by any other Users of the Service, you agree that by posting
Content you own on the Service, all other Users can reproduce and use
such Content in connection with the Service, subject to all
applicable laws. DreamMeeter shall have no responsibility for
enforcing any rights you may claim in any Content, which shall be
your responsibility entirely, and you agree to hold harmless defend,
and indemnify DreamMeeter with respect to any claim you have that
other Users are reproducing or using your Content as well as for
claims by other users that you are reproducing or using their Content
without permission. DreamMeeter will not arbitrate, mediate or
resolve any intellectual property or other disputes between Users,
and has no responsibility for doing same other than as may be
specifically required by law.
You
acknowledge that DreamMeeter may or may not pre-screen Content but
that DreamMeeter and its designees shall have the right, but not the
obligation, in its sole discretion to pre-screen, refuse, move, edit,
and/or delete any Content that violates these TOU and/or is otherwise
objectionable as determined by DreamMeeter in its sole discretion.
DreamMeeter
may preserve and store your account information and Content if it
believes in good faith that such preservation is necessary to comply
with legal or regulatory processes, respond to claims that the
Content violates the rights of third parties, and/or to protect the
rights, property or personal safety of DreamMeeter, its Users and the
public.
DreamMeeter
respects the intellectual property of others and we request our Users
do the same. In certain circumstances and at its discretion,
DreamMeeter may, but is not obligated to disable, suspend and
terminate the accounts of members who may be infringing on the rights
of others. If you believe that your Content has been copied in a way
that constitutes copyright infringement, or your intellectual
property rights have otherwise been violated, please contact
DreamMeeter as soon as practically possible at [email protected]
with the following information:
an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
a
description of where the material you claim is infringing is
located on the site;
your
name, address, telephone number, and email address;
a
statement claiming that you have a good faith belief that the
disputed use has not been authorized; and
a
statement by you made under penalty of perjury, that the above
information is accurate and that you are the copyright or
intellectual property holder or our authorized to act on behalf of
the holder.
5. LINKS;
DOMAIN NAMES
The
Service may provide, or third parties including DreamMeeter members
may provide, links to other websites or resources, which are not
maintained by or related to DreamMeeter. Links to such sites are
provided as a service to our Users and are not sponsored by, endorsed
or otherwise affiliated with DreamMeeter. DreamMeeter has no control
over these sites and their content, and makes no representations or
warranties about the content, completeness, quality or accuracy of
the links, materials or information contained on any such website.
Therefore, you acknowledge and agree that DreamMeeter is not
responsible for the availability of such links, resources and
content, and does not endorse, and is not responsible or liable for,
any content, advertising, products, or other materials made available
on or from these linked websites. You also acknowledge and agree that
DreamMeeter is not responsible or liable, directly or indirectly, for
any damage or loss caused by or alleged to have been caused by, or in
relation to, the use of any Content, goods or services offered
through these links or any failures and/or disruption to your
computer system that results from your use of any such links, or for
any intellectual property or other third party claims relating to
your posting or using such links. YOU AGREE THAT IF DREAMMEETER
REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO
SO WITHIN TWENTY-FOUR (24) HOURS AFTER RECEIVING SUCH REQUEST,
DREAMMEETER HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER
NOTICE TO YOU.
You
may link to the DreamMeeter homepage, provided you do so in a way
that is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as
to suggest any form of association, approval, or endorsement on our
part.
If
you are promoting your User account you must comply with our TOU and
the terms of service of any other website where you place a link to
or otherwise promote your User account. When promoting your User
account, you must not impersonate DreamMeeter or give the impression
that your User account is being promoted by us if this is not the
case. You must not promote your User account by using Google Ads or
any similar advertising platform or search engine advertising
service.
Domain
Names: In some instances, DreamMeeter may allow Users to register
or use domain names that contain the DreamMeeter trademark or a
confusingly similar term. However, you will not register such a
domain name, unless:
If
you would like to register a domain name containing the DreamMeeter
trademark or a confusingly similar term, please contact
[email protected]. Failing to comply with these provisions or the
licensing agreement will be considered a violation of the licensing
agreement and may result in DreamMeeter filing a domain dispute
against the registrant.
6. INDEMNITY
You
agree to indemnify, defend, and hold DreamMeeter, its subsidiaries,
affiliates, managers, members, officers, agents, and other partners
and employees, harmless from any and all loss, cost, injury,
liability, claims, damages, or demand of any kind, including actual
attorneys’ fees and related costs, made by or arising out of your
use of the Service in violation of these TOU and/or your violation of
any rights of another or any applicable law, rule or regulation.
7. PERSONAL
AND LIMITED COMMERCIAL USE OF WEBSITE
Except
for User Transactions and as may otherwise be specified, DreamMeeter
is for your personal and non-commercial use. You may not use the
Service for any other purpose, including any commercial purpose,
without the prior express written permission of an authorized
representative of DreamMeeter in each instance. You may not modify,
copy, distribute, display, send, perform, reproduce, publish,
license, create derivative works from, transfer, sell, or otherwise
infringe on any intellectual property rights related to any
information, content, software, products or services obtained from or
otherwise connected to this Platform.
8. MODIFICATION
AND TERMINATION OF THE SERVICE
DreamMeeter
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that DreamMeeter will not
be liable to you or any third party for the consequences of any
modification, suspension or discontinuance of the Service.
9. DREAMMEETER
PRIVACY POLICY
Personal
and certain other information is subject to our Privacy Policy. As a
condition of using the Service you agree to the terms of the Privacy
Policy, as it may be changed and updated from time to time. Our
Privacy Policy, which is incorporated here by reference, is located
at dreammeeter.com/privacy. You agree that your use of this
Service is subject to the Privacy Policy, and therefore, agree that
you will not use this Service unless and until you review the Privacy
Policy and agree with its terms in its entirety.
10. REGISTRATION
To
use DreamMeeter you must first register and create a User account on
DreamMeeter. You must provide a valid email address, a username, and
a password. Your password should be unique (meaning that it is
different to those you use for other websites) and must comply with
the technical requirements of the DreamMeeter site for the
composition of passwords. Users are subject to the following specific
terms in addition to all of the other terms in this Agreement:
In
consideration of your use of the Service, you represent that you are
of legal age to form a binding contract, which is eighteen (18)
years of age in the United States, and are not a person barred from
receiving the Services under the laws of the United States or other
applicable jurisdiction.
You
agree to provide true, accurate, current and complete information as
required on the Platform’s account creation form. If you provide
any information that is untrue, incomplete, not current or
inaccurate, DreamMeeter has the right to suspend or terminate your
account and refuse your current or future use of the Service (or any
portion thereof).
You
agree that DreamMeeter may, under certain circumstances and without
prior notice, immediately terminate your DreamMeeter account, any
associated username and/or access to the Service. Cause for such
termination shall include, but is not be limited to: (i) a breach or
violation of the TOU or other DreamMeeter policies, guidelines, or
rules (including without limitation the Privacy Policy), (ii)
extended periods of inactivity, (iii) your engagement in fraudulent
or illegal activity, (iv) unexpected technical or security issues,
and (v) requests by law enforcement or other government agencies.
You also agree that any termination is in DreamMeeter’s sole
discretion and that DreamMeeter will not be liable to you or any
third party for any termination of your account, password, username,
deletion of Content and/or access to the Service.
You
agree that your account is non-transferable and any rights to your
account, password, and/or username, terminate upon your death or
disability and/or termination of account for any reason.
You
are responsible for any activities that take place under your
username and password. If you become aware of any unauthorized use
of your password or account, or any other breach of security,
contact DreamMeeter immediately. It is up to you to maintain the
confidentiality of your password and account. DreamMeeter is not
responsible or liable for any loss or damage arising from your
failure to comply with the provisions of these terms.
11. YOUR
COMMITMENTS TO US
When
you register with and use DreamMeeter, you make the following
commitments to us:
You
consent to receiving communications from us electronically,
including by emails and messages posted to your DreamMeeter account,
and to the processing of your personal data as more fully detailed
in our Privacy Policy.
You
will keep your account/login details confidential and secure,
including your User details, passwords and any other piece of
information that forms part of our security procedures, and you will
not disclose these to anyone else. You will contact
[email protected] promptly if you believe someone has used
or is using your account or if your account has been subject to any
other breach of security. You also agree to ensure that you log out
of your account at the end of each session, and to be particularly
careful when accessing your account from a public or shared computer
so that others are not able to access, view or record your password
or other personal information. Without limiting the foregoing and
for the avoidance of doubt, sharing accounts is prohibited,
regardless of the permission granted from the primary account
holder.
12. RIGHTS
WE HAVE
It
is our policy to suspend access to any Content you post on
DreamMeeter which we become aware may not comply with the TOU and/or
any applicable law whilst we investigate the suspected
non-compliance or unlawfulness of such Content. If we suspend access
to any of your Content, you may request a review of our decision to
suspend access to the relevant Content by contacting us at
[email protected]. Following our investigation of the
suspected non-compliance or unlawfulness of the relevant Content, we
may take any action we consider appropriate, including to reinstate
access to the Content or to permanently remove or disable access to
the relevant Content without needing to obtain any consent from you
and without giving you prior notice. You agree that you will at your
own cost promptly provide to us all reasonable assistance (including
by providing us with copies of any information which we request) in
our investigation. We will not be responsible for any loss suffered
by you arising from the suspension of access to your Content or any
other steps which we take in good faith to investigate any suspected
non-compliance or unlawfulness of your Content under this section.
If
we suspend access to or delete any of your Content, we may notify
you via email or electronic message to your DreamMeeter account, but
we are not obligated to give you prior notice of such removal or
suspension.
If
we suspend access to your User account or terminate your agreement
with us and your access to DreamMeeter we will let you know. During
any period when access to your User account is suspended, any User
Payments which would otherwise have fallen due during the period of
suspension will be suspended, and we may withhold all or any part of
the Guest Earnings due to you but not yet paid out in accordance with
the Terms of Use for Guests.
Upon
termination of your account, we may deal with your Content in any
appropriate manner in accordance with our Privacy Policy (including
by deleting it) and you will no longer be entitled to access your
Content. There is no technical facility on DreamMeeter for you to be
able to access your Content following termination of your account.
We
can disclose any information or records in our possession or control
about your use of DreamMeeter to law enforcement agencies in
connection with any law enforcement investigation of any suspected
or alleged illegal activity, to protect our rights or legal
interests, or in response to legal process.
Other
than Content (which is owned by or licensed to Hosts), all rights in
and to DreamMeeter and its entire contents, features, databases,
source code and functionality, are owned by us and/or our licensors.
Such material is protected by copyright, and may be protected by
trademark, trade secret, and other intellectual property laws.
We
are the sole and exclusive owners of any and all anonymized data
relating to your use of DreamMeeter and such anonymized data can be
used by us for any purpose, including for commercial, development
and research purposes.
13. WHAT
WE ARE NOT RESPONSIBLE FOR
We
will use reasonable care and skill in providing DreamMeeter to you,
but there are certain things which we are not responsible for, as
follows:
All
Content is created, selected, and provided by Users and not by us.
We are not responsible for reviewing or moderating Content, and we
do not select or modify the Content that is stored or transmitted
via DreamMeeter. We are under no obligation to monitor Content or to
detect breaches of the TOU.
You
agree that you have no obligation to follow any suggestions,
comments, reviews, or instructions received from another User of
DreamMeeter and that if you choose to do so, you do so entirely at
your own risk.
We
do not promise that DreamMeeter is compatible with all devices and
operating systems. You are responsible for configuring your
information technology, device, and computer programs to access
DreamMeeter. You should use your own virus protection software.
We
are not responsible for the availability of the internet, or any
errors in your connections, device or other equipment, or software
that may occur in relation to your use of DreamMeeter.
We
are not responsible for any lost, stolen, or compromised User
accounts, passwords, email accounts, or any resulting unauthorized
activities or resulting unauthorized payments or withdrawals of
funds.
You
acknowledge that once your Content is posted on DreamMeeter, we
cannot control and will not be responsible to you for the use which
other Users or third parties make of such Content. You can delete
your account at any time, but you acknowledge that deleting your
account will not of itself prevent the circulation of any of your
Content which may have been recorded by other Users in breach of the
TOU or by third parties prior to the deletion of your account.
DreamMeeter
Services only include online interactions between registered Users.
Any in-person meetings, or any other contact of any kind, inside or
outside of our platform are at your own risk. We do not facilitate
and are not responsible for any in person meetings or any other
connection or communication that may occur as a result of your use
of the Service.
14. PRACTICES
REGARDING USE AND STORAGE
You
acknowledge that DreamMeeter may establish general practices and
limits regarding use of the Service including, without limitation,
the maximum number of direct messages which may be sent or received
from an account of the Service, the maximum size of any direct
message that may be sent from or received by an account of the
Service, the maximum amount of disk space that will be allotted on
DreamMeeter’s servers on your behalf, and the maximum number of
times and duration for which you may access the Service in a given
time. You agree that DreamMeeter has no responsibility or liability
for the deletion or failure to store or transmit any messages or
communications or other content maintained or transmitted by the
Service. You acknowledge and agree that DreamMeeter reserves the
right to log off accounts and deactivate usernames and accounts that
are inactive for an extended period of time. You further acknowledge
that DreamMeeter has the right to modify these practices and limits
from time to time.
15. DREAMMEETER
PROPRIETARY RIGHTS; TRADEMARKS AND COPYRIGHTS
You
acknowledge and agree that the Service and any necessary software
used in connection with the Service (“Software”) contain
proprietary and confidential information that is the property of
DreamMeeter and its licensors, and is protected by applicable
intellectual property and other laws. No rights or title of to any of
the Software used in connection with any Service is provided,
transferred or assigned to you. You further acknowledge and agree
that content contained in advertisements or information presented to
you through the Service or advertisers is protected by copyright,
trademarks, service marks, patent, privacy, and/or other proprietary
rights and laws. Except as expressly authorized by DreamMeeter or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or
Software, in whole or in part, at any time. You also acknowledge
DreamMeeter’s exclusive rights in the DreamMeeter trademark and
service mark. Trademarks, service marks, logos, and copyrighted works
appearing on DreamMeeter are the property of DreamMeeter or the party
that provided such intellectual property to DreamMeeter. DreamMeeter
and any party that provides intellectual property to DreamMeeter
retain all rights with respect to any of their respective
intellectual property appearing on DreamMeeter, and no rights in such
materials are transferred or assigned to you, in whole or in part, at
any time.
16. NO
CO-BRANDING OR FRAMING
You
may not use or authorize any party to co-brand or frame DreamMeeter
or any Service without the express prior written permission of an
authorized representative of DreamMeeter, as applicable, in each
instance. For purposes of this TOS, "co-branding" means to
display a name, logo, trademark, or other means of attribution or
identification of any party in such a manner as is reasonably likely
to give a user the impression that such other party has the right to
display, publish, or distribute DreamMeeter, in whole or in part,
and/or any content accessible within DreamMeeter. For purposes of
this TOS, "framing" refers to displaying any DreamMeeter
webpage or Service within a bordered area of another website,
regardless of whether the address of the originating DreamMeeter is
visible. You further agree to cease any unauthorized co-branding or
framing immediately upon notice from DreamMeeter.
17. DISCLAIMER
OF WARRANTIES
The
use of the Service is at your sole risk. The Service is provided on
an "as is" and "as available" basis. DREAMMEETER
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
DREAMMEETER
MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE,
(3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE,
(4) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR
EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No
advice or information, whether oral or written, obtained by you from
DreamMeeter or through or from the Service shall create a warranty
not expressly stated in these TOU.
18. LIMITATION
OF LIABILITY
You
expressly understand and agree that DreamMeeter will not be liable to
you for any direct, indirect, incidental, special, consequential,
exemplary, or punitive damages, including but not limited to, damages
for loss of profits, goodwill, use, data, or other intangible losses,
even if DreamMeeter has been advised of the possibility of such
damages or such damages were reasonably foreseeable, resulting from
the use or the inability to use the Service, unauthorized access to
or alteration of your transmissions or data, statements or conduct of
any third party including advertisers on the Service, the conduct or
content of any users or third parties on or through our Service or in
connection with the Service, the cost of procurement of substitute
goods and services resulting from any goods, data, information or
services purchased or obtained or messages received or transactions
entered into through or from the Service, and/or any other matter
relating to the Service. In no event will DreamMeeter be liable to
you for any amount of money over One Hundred U.S. Dollars ($100.00),
which you acknowledge to be a fair and reasonable sum in the event of
any loss by you of any kind.
the
limitation of liability provisions set forth in this section 18 shall
apply even if your remedies under the tou fail with respect to their
essential purpose.
some
jurisdictions do not allow the limitation of certain damages, so some
or all of the limitations in this section may not apply to you.
19. PERSONALLY
IDENTIFIABLE INFORMATION
DreamMeeter
cautions you against giving out any personally identifying
information about yourself, your children, or any other person in any
Service. In an effort to preserve your privacy, DreamMeeter agrees
that it will treat any personally identifying information that you
submit through this site in accordance with the terms outlined in its
Privacy Policy located at www.dreammeeter.com/privacy.
20. DISCLOSURES
REQUIRED BY LAW
DreamMeeter
reserves the right at all times to disclose any information,
including personally identifiable information about you, as necessary
to satisfy any applicable law, regulation, legal process or
governmental request. DreamMeeter reserves the right to fully
cooperate with any law enforcement authorities or court order
requesting or directing DreamMeeter to disclose the identity of
anyone posting any content, or publishing or otherwise making
available any materials that are believed to violate the TOU.
DreamMeeter will use reasonable efforts to notify you in connection
with any such inquiry; provided, however, that the inquiry in
question is not confidential, and further provided that DreamMeeter
shall have no duty to disclose such information and therefore shall
not be liable to you in connection with any non-disclosure.
BY
ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD
DREAMMEETER HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY DREAMMEETER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER
DREAMMEETER OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
21. DISPUTES
Except
as provided below, you and we agree that any cause of action, legal
claim, or dispute between you and us arising out of or related to
these TOU ("claim(s)") must be resolved by arbitration on
an individual basis. Class actions and class arbitrations are
not permitted; you and we may bring a claim only on your own behalf
and cannot seek relief that would affect other DreamMeeter Users. If
there is a final judicial determination that any particular claim
(or a request for particular relief) cannot be arbitrated in
accordance with this provision's limitations, then only that claim
(or only that request for relief) may be brought in court. All other
claims (or requests for relief) remain subject to this provision.
Except
as provided for otherwise herein, claims must be resolved by
binding, individual arbitration. The American Arbitration
Association will administer all arbitrations under its Consumer
Arbitration Rules. YOU AND WE EXPRESSLY WAIVE A TRIAL BY JURY.
The
following claims don't have to be arbitrated and may be brought in
court: disputes related to intellectual property (like copyrights
and trademarks), or efforts to interfere with the Service or engage
with the Service in unauthorized ways (for example, automated ways).
In addition, issues relating to the scope and enforceability of the
arbitration provision are for a court to decide.
Before
you commence arbitration of a claim, you must provide us with a
written Notice of Dispute that includes your name, residence
address, username, email address or phone number you use for your
DreamMeeter account, a detailed description of the dispute, and the
relief you seek. Any Notice of Dispute you send to us should be
mailed to 1401 21st Street, Ste R, Sacramento, CA 95811
ATTN: Legal Department. Before we commence arbitration, we will send
you a Notice of Dispute to the email address you use with your
DreamMeeter account, or other appropriate means. If we are unable to
resolve a dispute within thirty (30) days after the Notice of
Dispute is received, you or we may commence arbitration.
For
any claim that is not arbitrated, you agree that it will be resolved
exclusively in the U.S. District Court for the Central District of
California or a state court located in Los Angeles County. You also
agree to submit to the personal jurisdiction of either of these
courts for the purpose of litigating any such claim.
The
laws of the State of California, to the extent not preempted by or
inconsistent with federal law, will govern these TOU and any claim,
without regard to conflict of law provisions.
YOU
AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY
CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE
SERVICE OR THESE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
22. MISCELLANEOUS
TERMS; GENERAL INFORMATION
These
TOU govern the terms and conditions of your use of the Service, and
supersede all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and DreamMeeter with
respect to the Service and this website. Notwithstanding the
foregoing, you may also be subject to additional terms and
conditions, posted policies (including but not limited to the Privacy
Policy), guidelines, or rules that may apply when you use or purchase
certain elements of the Service, affiliate or advertiser services,
third-party content or third-party software. DreamMeeter may revise
these TOU at any time by updating this posting. Accordingly, you
should review the TOS periodically to determine if any changes have
been made. Your continued use of DreamMeeter after any changes have
been made to the TOU signifies and confirms your acceptance of any
such changes or amendments to these TOU.
The
failure of DreamMeeter to exercise or enforce any right or provision
of this TOU shall not operate as a waiver of such right or provision.
Any waiver of the TOU by DreamMeeter must be in writing and signed by
an authorized representative of DreamMeeter to be effective.
If
any provision of these TOU is found by a court of competent
jurisdiction to be invalid, the parties’ intentions as reflected in
the provision, and the other provisions of these TOU, shall remain in
full force and effect.
The
section titles in these TOU are for convenience only and have no
legal or contractual effect.
Nothing
contained in these TOU shall be construed to constitute either party
as a partner, joint venturer, employee or agent of the other party,
nor shall either party hold itself out as such. Neither party has any
right or authority to incur, assume or create, in writing or
otherwise, any warranty, liability or other obligation of any kind,
express or implied, in the name of or on behalf of the other party,
it being intended by both parties that each is and shall remain
independent contractors (to the extent applicable), and therefore,
responsible for its own actions.
Please
immediately report any violations of these TOU to DreamMeeter at
[email protected]
TERMS
OF USE FOR HOSTS
BY
USING OUR WEBSITE AS A HOST YOU AGREE TO THESE TERMS –
PLEASE READ THEM CAREFULLY
These
Terms of Use for HOSTS are additional terms which apply if you use
DreamMeeter as a Guest (also referred to as “you” and “your”
in these Terms of Use for Guests). These Terms of Use for Hosts form
part of your agreement with us.
1. ADDITIONAL
TERMS
“Tax”
shall include all forms of tax and statutory, governmental, state,
federal, provincial, local government or municipal charges, duties,
imposts, contributions, levies, withholdings or liabilities wherever
chargeable in the United States.
2. YOUR
ADDITIONAL REPRESENTATIONS AND WARRANTIES
You
represent and warrant to us that:
3. CONTENT
– GENERAL TERMS
In
addition to the terms set out elsewhere in the TOU, the following
terms apply to the Content posted, displayed, uploaded or published
by you as a Host on DreamMeeter:
if
your Content includes or uses any third-party material, you have
secured all rights, licenses, written consents and releases that
are necessary for the use of such third-party property in your
Content and for the subsequent use and exploitation of that Content
on DreamMeeter.
4. ADULT
MATERIAL
DreamMeeter
expressly prohibits any adult material. Nevertheless, you acknowledge
that you are aware that some of the Content exchanged between Users
on DreamMeeter may contain adult material, and you agree to take this
into account when deciding where to access and view Content. We will
not be responsible to you if you suffer any loss or damage as a
result of your accessing or viewing Content containing adult material
in a way which places you in breach of any contract you have with a
third party (for example, your employment contract) or in breach of
any applicable law.
5. USER
TRANSACTIONS
This
section describes the terms which apply to User Transactions:
All
User Transactions are contracts between Hosts and Guests. Although
we facilitate User Transactions by providing the DreamMeeter
platform and storing Content we are not a party to the contract
between Hosts and Guests or any other contract which may exist
between a Host and Guest, and are not responsible for any User
Transactions.
You
agree that you will not make requests for a refund in respect of any
User Transaction, or chargeback requests of your payment card
provider in relation to any User Transaction. We make no guarantee
as to the quality of the meeting or your satisfaction with the
meeting, guest or host. If there is a dispute, Dreammeeter may offer
make-up meeting at our sole discretion. In no event will there be
refunds of any kind; provided, however, that Dreammeeter may issue
refunds as may otherwise be required by applicable law. If a
request for a refund or chargeback request was made by you, we have
the right to suspend or delete your User account permanently.
TERMS
OF USE FOR GUESTS
BY
USING OUR WEBSITE AS A GUEST YOU AGREE TO THESE TERMS – PLEASE READ
THEM CAREFULLY
These
Terms of Use for Guests are additional terms which apply if you use
DreamMeeter as a Guest (also referred to as “you” and “your”
in these Terms of Use for Hosts). These Terms of Use for Guests form
part of your agreement with us.
1. ADDITIONAL
TERMS
“Tax”
shall include all forms of tax and statutory, governmental, state,
federal, provincial, local government or municipal charges, duties,
imposts, contributions, levies, withholdings or liabilities wherever
chargeable in the United States.
2. FEES
CHARGED FOR USE OF DREAMMEETER
Hosts
are charged a fee to reserve a Guest Meeting for set periods of time
in a User Transaction. We charge a fee to Hosts for each Guest
Meeting reserved in a User Transaction (our “Fee”). Our
Fee includes without limitation the costs of providing, maintaining
and operating DreamMeeter and storing your Content. Our Fee is
deducted from the User Payment, and Guest Earnings are paid to you in
the way described in the Payouts to Guests section below.
3. HOW
TO SET UP YOUR ACCOUNT AS A GUEST ACCOUNT
To
set up your account as a Guest account:
If
you lose access to your account, you can reset your password, but
you will need to know the email address used to set up the account
to do so. If you do not recall the email address used to set up the
account, we may require you to provide identification documents and
photos and any additional evidence we may reasonably require to
prove your identity.
4. PERSONAL
LEGAL RESPONSIBILITY OF GUESTS
Only
individuals can be Guests. Every Guest is bound personally by the
TOU. Our relationship is with you, and not with any third party, and
you will be legally responsible for ensuring that all Content posted
and all use of your account complies with the TOU.
5. USER
TRANSACTIONS
This
section describes the terms which apply to User Transactions:
All
User Transactions are contracts between Hosts and Guests. Although
we facilitate User Transactions by providing the DreamMeeter
platform and storing Content, we are not a party to the contract
between Hosts and Guests or any other contract which may exist
between a Host and Guest, and are not responsible for any User
Transaction.
When
you receive confirmation from DreamMeeter, either in the
“Statements” page of your User account or by email (or both),
that the User Transaction has been confirmed, you must perform your
part of such User Transaction (for example, by meeting with the Host
via video chat at their requested reservation time). You agree that
you will indemnify us for any breach by you of this obligation
(which means you will be responsible for any loss or damage
(including loss of profit) we suffer as a result of you failing to
comply with this obligation).
6. CONTENT
– GENERAL TERMS
In
addition to the terms set out elsewhere in the TOU, the following
terms apply to the Content posted, displayed via video conference,
uploaded or published by you as a Guest on DreamMeeter:
7. NO
ADVERTISING
DreamMeeter
does not permit advertising of goods or services of any kind. If
DreamMeeter determines that a Guest Account has violated this
section, we may suspend or terminate that Guest Account at our sole
discretion.
8. PAYOUTS
TO GUESTS
The
amount that you see in your “current balance” in your
DreamMeeter account is your Guest Earnings at the relevant time. All
User Payments and Host Earnings are transacted in USD only. Your
bank may charge you currency conversion or transfer fees to receive
the money. We do not have control over currency exchange rates or
charges imposed by your bank, and we will not be responsible for
paying any charges imposed by your bank.
9. CIRCUMSTANCES
IN WHICH WE MAY WITHHOLD GUEST EARNINGS
for
as long as is necessary to investigate the actual, threatened or
suspected breach by you or the suspected unlawful activity (as
applicable). If following our investigation, we conclude that (i) you
have seriously or repeatedly breached any part of the TOU; (ii) you
have attempted or threatened to breach any part of the TOU in a way
which has or could have serious consequences for us or another User
(including actual or possible loss caused to us or another User),
and/or (iii) the Guest Earnings result from unlawful or fraudulent
activity, we may notify you that you have forfeited your Guest
Earnings.
We
may also withhold all or any part of the Guest Earnings due to you
but not yet paid out if we receive notice that you have secured,
encumbered, pledged, assigned, or otherwise allowed a lien to be
placed on Guest Earnings. We undertake no duty to pay Guest Earnings
to third-party lienholders and may withhold payment of Guest
Earnings until the lien has been removed.
If
we are withholding all or any part of the Guest Earnings due to you
and we determine that part of the Guest Earnings withheld by us is
unrelated to breaches by you of the TOU or suspected unlawful or
fraudulent activity, then we may arrange for you to be paid the part
of the Guest Earnings which we determine to be unrelated to breaches
by you of the TOU or suspected unlawful or fraudulent activity.
However, you agree that if we consider that your breach(es) of the
TOU has or may cause us loss, we may withhold all Guest Earnings due
to you but not yet paid and we may set off such amounts against any
losses suffered by us.
10. PROMOTING
TAX COMPLIANCE
By
using DreamMeeter as a Guest, you represent and warrant that you
have reported and will report in the future the receipt of all
payments made to you in connection with your use of DreamMeeter to
the relevant Tax authority in your jurisdiction, as required by
law.
By
using DreamMeeter as a Guest you represent and warrant that you
will at all times comply with all laws and regulations relating to
Tax which apply to you. If, at any point whilst you have a
DreamMeeter account, any Tax non-compliance occurs in relation to
you (including a failure by you to report earnings or the
imposition on you of any penalty or interest relating to Tax) or if
any litigation, enquiry, or investigation is commenced against you
that is in connection with, or which may lead to, any occurrence of
Tax non-compliance, you agree that you will:
For
the avoidance of doubt, you are responsible for your own Tax
affairs and we (i) are not responsible for advising you on your
Tax affairs and will not be liable in respect of any general
information provided on DreamMeeter or by [email protected]
in respect of Tax, and (ii) will not be liable for any non-payment
of Tax by Hosts.
ACCEPTABLE
USE POLICY
BY
USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT
CAREFULLY
This
Policy applies to your use of DreamMeeter and all Content on
DreamMeeter and forms part of your agreement with us. This Policy
sets out what is and is not permitted on DreamMeeter.
In
this Policy, defined terms have the same meanings as in our TOU for
all Users.
Do
not use DreamMeeter except for your own personal use and do not
sell, rent, transfer, or share your account or any Content obtained
from your use of DreamMeeter to or with anyone else.
Do
not upload, post, display, transmit or publish Content on
DreamMeeter that is adult, illegal, fraudulent, defamatory, hateful,
discriminatory, threatening or harassing, or which encourages or
promotes violence or any illegal activity.
Do
not use DreamMeeter in any way which may exploit, harm, or attempt
to exploit or harm any individual under eighteen (18) years old, for
example by exposing them to inappropriate or adult Content.
firearms,
weapons, or any goods whose sale, possession or use is subject to
prohibitions or restrictions;
violence,
rape, lack of consent, hypnosis, intoxication, sexual assault,
torture, sadomasochistic abuse or hardcore bondage, extreme
fisting, or genital mutilation;
"revenge
porn" (being any sexually explicit material featuring any
individual who has not given prior, express and fully informed
consent to that material (a) being taken, captured, or otherwise
memorialized, or (b) being posted and shared on DreamMeeter);
contains,
promotes, advertises or refers to hate speech (being Content
intended to vilify, humiliate, dehumanize, exclude, attack,
threaten, or incite hatred, fear of, or violence against, a group
or individual based on race, ethnicity, national origin,
immigration status, caste, religion, sex, gender identity or
expression, sexual orientation, age, disability, serious disease,
veteran status, or any other protected characteristic);
contains
or refers to anyone else’s personal data or private or
confidential information (for example, telephone numbers, location
information (including street addresses and GPS coordinates),
names, identity documents, email addresses, log-in credentials for
DreamMeeter including passwords and security questions, financial
information including bank account and credit card details,
biometric data, and medical records) without that person's express
written consent;
causes
or is calculated to cause inconvenience, or anxiety to anyone else
or which is likely to upset, embarrass, or cause serious offence to
anyone else;
involves
or promotes third-party commercial activities or sales, such as
contests, sweepstakes and other sales promotions, product
placements, advertising, or job posting or employment ads without
our prior express consent.
Do
not use DreamMeeter to stalk, bully, abuse, harass, threaten or
intimidate anyone else.
Respect
the intellectual property rights of Users, including by not
recording, reproducing, sharing, communicating to the public or
otherwise distributing their Content without authorization.
Do
not do anything that violates our or someone else's rights,
including intellectual property rights (examples of which are
copyright, trademarks, confidential information, and goodwill),
personality rights, unfair competition, privacy, and data protection
rights.
Do
not impersonate us, one of our employees, another User, or any other
person or company or falsely state or suggest any affiliation,
endorsement, sponsorship between you and us or any other person or
company.
Do
not post or cause to be posted any Content which is spam, which has
the intention or effect of artificially increasing any Host’s
interactions, or which is otherwise inauthentic, repetitive,
misleading or low quality.
Do
not reproduce, print, distribute, attempt to download, modify,
create derivative works of, publicly display, publicly perform,
republish, download, store or transmit any Content, except as
permitted under the TOU.
Do
not knowingly introduce any viruses, trojans, worms, logic bombs or
other material into Content which is or may be malicious or
technologically harmful.
Do
not decompile, disassemble, reverse engineer, or otherwise attempt
to discover or derive the source code of DreamMeeter.
Do
not use any automated program, tool or process (such as web
crawlers, robots, bots, spiders, and automated scripts) to access
DreamMeeter or any server, network or system associated with
DreamMeeter, or to extract, scrape, collect, harvest or gather
Content or information from DreamMeeter.
Do
not use DreamMeeter’s name, logo or any related or similar names,
logos, product and service names, designs, or slogans other than in
the limited ways which are expressly permitted in the TOU or with
our prior written agreement.
Privacy Policy
Last Updated:
October 25, 2024
This
policy explains your rights regarding the collection, use, sale, and
sharing of your personal information under certain data privacy laws
that may be applicable to you (including the California Consumer
Privacy Act of 2018 (CCPA), as amended by the California Privacy
Rights Act of 2020 (CPRA)). We may update and make changes to this
policy, so we encourage you to review it periodically.
1. KEY
TERMS
It would be helpful
to start by explaining some key terms used in this policy:
We, us, our
|
DreamMeeter LLC and our affiliates.
|
Data Protection Officer
|
[email protected]
|
Users
|
People that utilize our services.
|
Personal information
|
Any information that identifies, relates to, describes, is
reasonably capable of being associated with, or could reasonably
be linked with a particular consumer or household.
|
Sensitive personal information
|
Personal information revealing a consumer's social security
number, driver's license and passport numbers, account numbers and
credentials, precise geolocation, racial or ethnic origin,
religious beliefs, or union membership, personal information
concerning a consumer's health, sex life, or sexual orientation,
contents of a consumer's mail, email and text messages where the
business is not the intended recipient, genetic data, and
biometric information.
|
Biometric Information
|
An individual’s physiological, biological, or behavioral
characteristics, including information pertaining to an
individual’s deoxyribonucleic acid (DNA), that is used or is
intended to be used singly or in combination with each other or
with other identifying data, to establish individual identity.
Biometric information includes, but is not limited to, imagery of
the iris, retina, fingerprint, face, hand, palm, vein patterns,
and voice recordings, from which an identifier template, such as a
faceprint, a minutiae template, or a voiceprint, can be extracted,
and keystroke patterns or rhythms, gait patterns or rhythms, and
sleep, health, or exercise data that contain identifying
information.
|
Website
|
dreammeeter.com
|
2. INFORMING
US OF CHANGES
It
is important that the personal data we hold about you is accurate and
current. Please keep us informed if your personal data changes at any
point during your relationship with us. Updates or corrections can be
made through your account settings on our Website.
3. APPLICABILITY
OF THIS POLICY
This
policy is provided in addition to, but does not form part of, our
Terms of Service (which includes our Acceptable Use Policy)
that govern your use of our Website and the Services. Our Services
are strictly intended for individuals eighteen (18) years of age or
older. Anyone under eighteen (18) year of age is not permitted to use
the Services. By using the Services, you represent that you are
eighteen (18) years of age or older.
4. THIRD-PARTY
LINKS
Our
Website may include links to third-party websites, plug-ins and
applications. Clicking on those links or enabling those connections
may allow third parties to collect or share personal data about you.
We
are not responsible for, and this policy does not apply to, the
content, security or privacy practices of those other websites,
plug-ins or applications. We encourage you to view the privacy and
cookie policies/notices of those third parties to find out how your
personal data may be used.
5. PERSONAL
INFORMATION WE COLLECT ABOUT YOU
In
the preceding twelve (12) months, we have collected the following
categories and specific types of consumer personal information:
Categories of Personal Information
|
Specific Types of Personal Information Collected
|
Identifiers
|
|
Information that identifies, relates to, describes, or is capable
of being associated with, a particular individual.
|
Credit card number
Debit card number
Telephone number
|
Third-Party Onboarding Data
|
|
Account Data
|
Profile name
Password
Avatars and headers of your User account
Your subscriptions and subscribers
Chat messages between you and other Users
Customer support queries that you submit to us
|
Financial Data
|
Please
note: Any payments made to meet with other Users are processed by
our third-party payment providers. We do not receive your full
payment card number, payment card expiration date, or the security
code. Instead, the payment provider provides us with a “token”
that represents your account, your payment card’s expiration
date, payment card type and the first six and last four digits of
your payment card number.
|
Transaction Data
|
|
Technical Data
|
|
Usage Data
|
|
6. HOW
YOUR PERSONAL INFORMATION IS COLLECTED
We
collect most of this personal information directly from you via our
Website and apps.
However,
we may also collect information from the following categories of
sources:
Third party (e.g., sanctions screening providers, credit reporting
agencies, customer due diligence providers, advertising networks,
internet service providers, social networks, data analytics
providers, government entities, and data brokers;
7. WHY
WE USE YOUR PERSONAL INFORMATION
We
collect consumer personal information for the following business
purposes:
Short-term, transient use, including, but not limited to,
non-personalized advertising shown as part of a User’s current
interaction with the business, provided the User’s personal
information is not disclosed to another third party and is not used
to build a profile about the User or otherwise alter the consumer's
experience outside the current interaction with the business;
Performing services on behalf of the business, including maintaining
or servicing accounts, providing customer service, processing or
fulfilling transactions, verifying customer information, processing
payments, providing analytic services, or providing similar services
on behalf of the business or service provider;
Undertaking activities to verify or maintain the quality or safety
of a service that is owned, developed, or developed for, or
controlled by us, and to improve, upgrade, or enhance the service
that is owned, developed, developed for, or controlled by us;
A legitimate interest is when we have a business or commercial reason
to use your information, so long as this is not overridden by your
own rights and interests.
The table below explains what we use (process) your personal
information for and our reasons for doing so:
-
What we use your personal information for
|
Our reasons
|
To provide services to you
|
For the performance of our services for you or to take steps at
your request before providing our services
|
To prevent and detect fraud against you or DreamMeeter LLC
|
For our legitimate interests or those of a third party, i.e., to
minimize fraud that could be damaging for us and for you
|
Conducting checks to identify our customers and verify their
identity
Screening for financial and other sanctions or embargoes
Other processing necessary to comply with professional, legal and
regulatory obligations that apply to our business, e.g., under
rules issued by our professional regulator
|
To comply with our legal and regulatory obligations
|
Gathering and providing information required by or relating to
audits, enquiries, or investigations by regulatory bodies
|
To comply with our legal and regulatory obligations
|
Ensuring business policies are adhered to, e.g., policies
covering security and internet use
|
For our legitimate interests or those of a third party, i.e., to
make sure we are following our own internal procedures so we can
deliver the best service to you
|
Operational reasons, such as improving efficiency, training and
quality control
|
For our legitimate interests or those of a third party, i.e., to
be as efficient as we can so we can deliver the best service for
you at the best price
|
Ensuring the confidentiality of commercially sensitive
information
|
For our legitimate interests or those of a third party, i.e., to
protect trade secrets and other commercially valuable information
To comply with our legal and regulatory obligations
|
Statistical analysis to help us manage our business, e.g., in
relation to our financial performance, user base, or other
efficiency measures
|
For our legitimate interests or those of a third party, i.e., to
be as efficient as we can so we can deliver the best service for
you at the best price
|
Preventing unauthorized access and modifications to systems
|
For our legitimate interests or those of a third party, i.e., to
prevent and detect criminal activity that could be damaging for
us and for you
To comply with our legal and regulatory obligations
|
Updating and enhancing User records
|
For the performance of our contract with you or to take steps at
your request before entering into a contract
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g.,
making sure that we can keep in touch with our customers about
existing orders and new products
|
Statutory returns
|
To comply with our legal and regulatory obligations
|
Marketing our services and those of selected third parties to:
—existing and former customers;
—third parties who have previously expressed an interest in our
services;
—third parties with whom we have had no previous dealings.
|
For our legitimate interests or those of a third party, i.e., to
promote our business to existing and former customers
|
Credit reference checks via external credit reference agencies
|
For our legitimate interests or those of a third party, i.e., to
ensure our customers are likely to be able to pay for our
products and services
|
External audits and quality checks, e.g., for accreditations and
the audit of our accounts
|
For our legitimate interests or a those of a third party, i.e.,
to maintain our accreditations so we can demonstrate we operate
at the highest standards
To comply with our legal and regulatory obligations
|
9. WHO
WE SHARE YOUR PERSONAL INFORMATION WITH
We
do not sell your personal information to any third parties. However,
in order to provide you with our services on the Platform, in the
preceding twelve (12) months, we may have shared users’ personal
information with:
We
only allow our service providers to handle your personal information
if we are satisfied they take appropriate measures to protect your
personal information. We also impose contractual obligations on
service providers, contractors, and third parties to ensure they can
only use your personal information to provide services to us and to
you.
We
may disclose and exchange information with law enforcement agencies
and regulatory bodies to comply with our legal and regulatory
obligations.
We
may also need to share some personal information with other parties,
such as potential buyers of some or all of our business or during a
re-structuring. We will typically anonymize information, but this may
not always be possible. The recipient of the information will be
bound by confidentiality obligations.
We
will not share your personal information with any other third party.
10. CATEGORIES
OF PERSONAL INFORMATION WE SOLD OR SHARED
We
do not sell or share your personal information and will not do so in
the future without providing you with notice and an opportunity to
opt-out of such sale or sharing.
11. CATEGORIES
OF PERSONAL INFORMATION WE DISCLOSED FOR A BUSINESS PURPOSE
In
the preceding 12 months, we have disclosed the following categories
of personal information for a business purpose:
Identifiers (e.g., a real name, alias, postal address, unique
personal identifier, online identifier, Internet Protocol address,
email address, account name, social security number, driver’s
license number, passport number, or other similar identifiers);
Information that identifies, relates to, describes, or is capable of
being associated with, a particular individual, including, but not
limited to, his or her name, signature, physical characteristics or
description, address, telephone number, passport number, driver’s
license or state identification card number, insurance policy
number, education, employment, employment history, bank account
number, credit card number, debit card number, or any other
financial information, medical information, or health insurance
information;
Commercial information (e.g., records of personal property, products
or services purchased, obtained, or considered, or other purchasing
or consuming histories or tendencies);
Internet or other electronic network activity information (e.g.,
browsing history, search history, and information regarding a
consumer’s interaction with an Internet Web site, application, or
advertisement);
Audio, electronic, visual, thermal, olfactory, or similar
information;
Inferences drawn from any of the information identified above to
create a profile about a consumer reflecting the consumer’s
preferences, characteristics, psychological trends, predispositions,
behavior, attitudes, intelligence, abilities, and aptitudes.
12. HOW
LONG YOUR PERSONAL INFORMATION WILL BE KEPT
We
will keep your personal information while you have an account with us
or while we are providing services to you. Thereafter, we will
generally keep your personal information for a period of one (1) year
after the deletion or deactivation of your account on the Platform
and/or for as long as and to the extent that it is necessary:
We
will not retain your personal information for longer than necessary
for the purposes set out in this policy. Different retention periods
apply for different types of personal information.
When
it is no longer necessary to retain your personal information, we
will delete or anonymize it.
13. YOUR
RIGHTS UNDER THE CCPA/CPRA
You
have the right under the California Consumer Privacy Act of 2018
(CCPA), as amended by the California Privacy Rights Act of 2020
(CPRA), and certain other privacy and data protection laws, as
applicable, to exercise free of charge:
Disclosure of Personal Information We Collect About You
|
You have the right to know, and request disclosure of:
The categories of personal information we have collected about
you, including sensitive personal information;
The categories of sources from which the personal information is
collected;
Our business or commercial purpose for collecting, selling, or
sharing personal information;
The categories of third parties to whom we disclose personal
information, if any; and
The specific pieces of personal information we have collected
about you.
Please note that we are not required to:
• Retain any personal information about you that was collected
for a single one-time transaction if, in the ordinary course of
business, that information about you is not retained;
• Reidentify or otherwise link any data that, in the ordinary
course of business, is not maintained in a manner that would be
considered personal information; or
•
Provide the personal information to you more than twice in a
12-month period.
|
Disclosure of Personal Information Sold, Shared, or Disclosed for
a Business Purpose
|
In connection with any personal information we may sell, share, or
disclose to a third party for a business purpose, you have the
right to know:
• The categories of personal information about you that we sold
or shared and the categories of third parties to whom the personal
information was sold or shared; and
• The categories of personal information that we disclosed about
you for a business purpose and the categories of persons to whom
the personal information was disclosed for a business purpose.
You have the right to opt-out of the sale of your personal
information or sharing of your personal information for the
purpose of targeted behavioral advertising. If you exercise your
right to opt-out of the sale or sharing of your personal
information, we will refrain from selling or sharing your personal
information, unless you subsequently provide express authorization
for the sale or sharing of your personal information.
To
opt-out of the sale or sharing of your personal information, email
us your request at [email protected]
and use subject “Do Not Sell or Share My Personal
Information”
|
Right to Limit Use of Sensitive Personal Information
|
You have the right to limit the use and disclosure of your
sensitive personal information to the use which is necessary to:
Perform the services or provide the goods reasonably expected by
an average consumer who requests those goods or services;
To perform the following services: (1) Helping to ensure security
and integrity to the extent the use of the consumer’s personal
information is reasonably necessary and proportionate for these
purposes; (2) Short-term, transient use, including, but not
limited to, non-personalized advertising shown as part of a
consumer’s current interaction with the business, provided that
the consumer’s personal information is not disclosed to another
third party and is not used to build a profile about the consumer
or otherwise alter the consumer’s experience outside the current
interaction with the business; (3) Performing services on behalf
of the business, including maintaining or servicing accounts,
providing customer service, processing or fulfilling orders and
transactions, verifying customer information, processing payments,
providing financing, providing analytic services, providing
storage, or providing similar services on behalf of the business;
and (4) Undertaking activities to verify or maintain the quality
or safety of a service or device that is owned, manufactured,
manufactured for, or controlled by the business, and to improve,
upgrade, or enhance the service or device that is owned,
manufactured, manufactured for, or controlled by the business; and
As authorized by further regulations
You have a right to know if your sensitive personal information
may be used, or disclosed to a service provider or contractor, for
additional, specified purposes.
To
limit the use of your sensitive personal information, email
us your request at [email protected]
and use subject “Limit the Use of My Sensitive
Personal Information”
|
Right to Deletion
|
Subject to certain exceptions set out below, on receipt of a
verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers or contractors to delete your
personal information from their records.
• Direct third parties to whom the business has sold or shared
your personal information to delete your personal information
unless this proves impossible or involves disproportionate effort.
Please note that we may not delete your personal information if it
is reasonably necessary to:
• Complete the transaction for which the personal information
was collected, fulfill the terms of a written warranty or product
recall conducted in accordance with federal law, provide a good or
service requested by you, or reasonably anticipated within the
context of our ongoing business relationship with you, or
otherwise perform a contract between you and us;
• Help to ensure security and integrity to the extent the use of
the consumer’s personal information is reasonably necessary and
proportionate for those purposes;
• Debug to identify and repair errors that impair existing
intended functionality;
• Exercise free speech, ensure the right of another consumer to
exercise his or her right of free speech, or exercise another
right provided for by law;
• Comply with the California Electronic Communications Privacy
Act;
• Engage in public or peer-reviewed scientific, historical, or
statistical research in the public interest that adheres to all
other applicable ethics and privacy laws, when our deletion of the
information is likely to render impossible or seriously impair the
achievement of such research, provided we have obtained your
informed consent;
• Enable solely internal uses that are reasonably aligned with
your expectations based on your relationship with us
• Comply with an existing legal obligation; or
•
Otherwise use your personal information, internally, in a lawful
manner that is compatible with the context in which you provided
the information.
|
Right of Correction
|
If we maintain inaccurate personal information about you, you have
the right to request us to correct that inaccurate personal
information. Upon receipt of a verifiable request from you, we
will use commercially reasonable efforts to correct the inaccurate
personal information.
|
Protection Against Retaliation
|
You have the right to not be retaliated against by us because you
exercised any of your rights under the CCPA/CPRA. This means we
cannot, among other things:
• Deny goods or services to you;
• Charge different prices or rates for goods or services,
including through the use of discounts or other benefits or
imposing penalties;
• Provide a different level or quality of goods or services to
you; or
• Suggest that you will receive a different price or rate for
goods or services or a different level or quality of goods or
services.
Please
note that we may charge a different price or rate or provide a
different level or quality of services to you, if that difference
is reasonably related to the value provided to our business by
your personal information. We may also offer loyalty, rewards,
premium features, discounts, or club card programs consistent with
these rights or payments as compensation, for the collection of
personal information, the sale of personal information, or the
retention of personal information.
|
14. HOW
TO EXERCISE YOUR RIGHTS
If
you would like to exercise any of your rights as described in this
Privacy Policy, you can do so here by emailing us at
[email protected].
Please
note that you may only make a CCPA/CPRA-related data access or data
portability disclosure request twice within a twelve- (12-) month
period.
If
you choose to contact us directly by Website/email, you will need to
provide us with:
We
are not obligated to make a data access or data portability
disclosure if we cannot verify that the person making the request is
the person about whom we collected information, or is someone
authorized to act on such person’s behalf.
Any
personal information we collect from you to verify your identity in
connection with you request will be used solely for the purposes of
verification.
15. CHANGES
TO THE PRIVACY POLICY
This
Privacy Policy is effective as of the first date written above. We
reserve the right to change this Privacy Policy at any time. We do
not undertake to provide you with personal notice of any changes. In
the event of material changes, we will provide notice by means that
are reasonable under the circumstances, such as by posting a notice
on the Platform. Your continued use of the Platform following the
posting of changes to this Privacy Policy means you accept those
changes.
16. CONSENT
By
visiting and using the Platform or by registering a User account for
use of the Platform, you consent to this Privacy Policy.