Dreamvault

Effective May 7, 2024

DreamVault is a membership platform that helps connect Builders with Dreamers they love. Our mission is to put Dreamers first, and these terms attempt to do that. We know that most people skim through terms of use because they're boring, but we have done everything we can to make this easy to get through. Above every section, we'll summarize the most important parts, but these summaries are not legally binding, so please look at the full version of the text for a complete understanding of these terms.

PLEASE READ THESE TERMS CAREFULLY, AS THEY GOVERN YOUR USE OF THE DREAMVAULT PLATFORM, WEBSITES, APPS, AND SERVICES. PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION/JURY TRIAL WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

Welcome to DreamVault!

To summarize: by using DreamVault you agree to these terms.

These are DreamVault's Terms of Use, and they apply to all users of the DreamVault platform. “We,” “our,” and “us” refer to Dreamvault LLC “DreamVault” refers to this platform and the services offered by us, including the DreamVault iOS app, the DreamVault Android app, DreamVault APIs, and www.dreamvault.co and related websites. By using DreamVault, you agree to these terms and to the other policies we post, including the Privacy Policy, Community Guidelines, and Benefit Guidelines. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy and our Cookie Policy. We collect, use, and share information in accordance with those policies.

Your account

To summarize: You must be at least 13 years old to use DreamVault. You are responsible for your account.

When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account or otherwise use DreamVault, you must be at least 13 years old and you must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf). You must be at least 18 years old or have your parent's or legal guardian's permission to have a Dreamer page on DreamVault or to purchase an offering on DreamVault. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us at helpdesk@dreamvault.co immediately if you believe your account is compromised. You can learn more about security in our Security section below.

Abusive conduct

To summarize: Be responsible and don't violate our terms or policies.

You are responsible for all activity on your account. If you violate our terms or policies, then we may terminate your account. Don't do anything illegal, abusive towards others, that abuses DreamVault in a technical way, or that exploits DreamVault in an unintended manner that is detrimental to us, like using DreamVault as a storage platform. If you are a Dreamer earning money on DreamVault, we may be exposed to risk based on what you do with those funds. As a result, we may also look at what you do outside of DreamVault. You can find more detailed information in the Community Guidelines and security policies herein. These terms and our policies cover most issues, but we reserve the right to add new policies in order to take action to prevent new issues that may arise from time to time.

Dreamers

To summarize: A Dreamer is someone who creates a page on DreamVault to engage with Builders who purchase offerings on DreamVault to support the Dreamer's creations. Dreamers can create wish lists of items for Builders to purchase as gifts for Dreamers, or curate a storefront, which is a list of items that Builders can purchase for themselves from our merchandise marketplace. There are a lot of details below involving payments, fees, taxes, and restrictions that you should read in full if you are a Dreamer.

Dreamer Page

To become a Dreamer, simply launch your page to start allowing others to follow you. When you join DreamVault, you become part of the DreamVault community. You can use Dreamer tools that we provide to, among other things, showcase your creations, engage with the DreamVault community, and provide merchandise to Builders through our extensive merchandise marketplace. On DreamVault, you can provide your Builders something exciting that gives them special benefits they want, including additional access, merchandise, exclusive creations, and engaging community experiences. In turn, you will receive loyal support from your Builders, and revenue from offerings that Builders have purchased on DreamVault.

Payments

As a Dreamer, you may make offerings available on DreamVault on a one-time basis. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. Also, where supported and subject to your controls as applicable, we may automatically increase the prices of offerings to Builders to account for the fees imposed by the affiliate platforms on which the associated purchases were made in a manner that may be determined at our sole discretion. Our list of current affiliate platforms we work with include, but are not limited to: Shoppable, Impact, Narrative, Amazon, and Skimlinks. Payments from the affiliate platforms generally range from 3% to 20%.

We typically handle payments issues such as fraud, chargebacks, and resolution of payments disputes, though, for purchases made through certain platforms, the associated platforms may handle these payments issues. We try to provide timely access to the funds you've earned on DreamVault. Purchases made on affiliate platforms and different levels and types of DreamVault service may have different timelines associated with funds becoming accessible to you and/or may require that reserves of funds are withheld from becoming accessible to you. You may, however, occasionally experience further delays in accessing these funds.

We may also block or withhold access to these funds for violations of our terms or policies or for compliance reasons, including collecting tax reporting information. When this happens, we try to communicate the reason to you promptly. If you have questions about access to funds being blocked or withheld, please email us at helpdesk@dreamvault.co. In order to protect Dreamers, we may block Builders' payments if we believe them to be fraudulent. Sometimes activities like refunds to Builders and chargebacks from Builders can put your account balance into the negative and any fees you've incurred from DreamVault or the affiliate platforms on which the purchases were made, as described below, may not be refunded to you when such refunds and chargebacks are processed. If your balance becomes negative, we reserve the right to recover those funds from future payments.

Fees

As a Dreamer, there are fees associated with your offerings on DreamVault. The general nature of these fees is summarized below. These fees may increase with notice to you:

The platform fee, is currently calculated as ten percent (10%) of successfully processed payments by the affiliate platforms. For service levels and types that include merch, please note that, in addition to the platform fee for using the merchandise marketplace, we also charge you for the cost of the merchandise itself based on the quantity and SKUs of the associated items.

You can see the fees for any offerings on the DreamVault platform. Also, as described above, when offerings are purchased on affiliate platforms, those platforms may impose fees for those purchases. We endeavor to provide you with information about those fees in the DreamVault platform and, where supported and subject to your controls as applicable, DreamVault may automatically increase the prices of offerings to Builders to account for those fees.

If a Builder pays in a currency that is different from the currency associated with their payment instrument, then the financial institution associated with that payment instrument may charge them a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.

Even if a Builder pays in the same currency as the currency associated with their payment instrument, when a Builder's payment is processed in a country different from the one associated with their payment instrument, then the financial institution associated with that payment instrument may charge them a foreign transaction fee for that payment. We are not applying this fee, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee, but our choices about payment processing may impact or otherwise give rise to this fee.

Tax

In order to satisfy our tax obligations, we collect tax identification information and, in certain circumstances, report this information and earnings to tax authorities as legally required. For example, if you are located in the United States or are a United States citizen who has earned $600 or more, DreamVault is required to issue you a Form 1099-K at year end. For purposes of Forms 1099-K, we treat all Dreamer earnings as earned for the sales of goods or services. You are responsible for reporting any income, withholding, or other earnings-based taxes which may be due as a result of money you've earned on DreamVault. As a DreamVault user, you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to taxes applicable to your use of DreamVault. If, at any point while you have a DreamVault 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, inquiry or investigation is commenced against you that is in connection with, or that may lead to, any occurrence of tax non-compliance, you agree that you will notify us by email to helpdesk@dreamvault.co within seven days of the occurrence of the non-compliance or the commencement of the litigation, inquiry or investigation (as applicable). We are not responsible for advising you on your taxes and will not be liable for any non-payment of taxes by DreamVault users.

We are additionally responsible for a number of transactional taxes across the world. These include, but are not limited to, Valued Added Tax (“VAT”), Goods and Services Tax (“GST”) and other local service or sales taxes in non-US locations (collectively referred to as “VAT”), as well as state sales tax in the United States. In locales where we are required to collect transaction tax from Builders, invoices presented to and payments processed from Builders will include the tier or custom payment amount plus the applicable tax. Applicable tax will be charged in addition to the price of a relevant transaction based upon the benefits that you indicate that you will be offering. Any applicable taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time a transaction is charged. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

Amounts payable under this agreement between a Dreamer and DreamVault may include VAT or sales tax where applicable. You agree that you will provide us with any information and documents for accurate tax determination and compliance, where and as we request or as otherwise required.

Restrictions

We don't allow creations and benefits that violate our terms or policies. You can learn more by visiting our Community Guidelines and Benefit Guidelines. A high level summary of those rules is that we don't allow:

illegal creations or benefits;
creations or benefits that are abusive towards other people;
creations or benefits that are misleading or deceptive;
creations or benefits that use others' intellectual property, unless you have written permission to use it, or your use is protected as fair use; or
creations or benefits with Adult/18+ content, including all forms of nudity and sexual acts.

If your Builders include people under the age of 18, then please remind them that they need their parent's or legal guardian's permission to make purchases on DreamVault, and that those under the age of 13 cannot use DreamVault. We are not required to allow any particular person or group of persons to access an offering, be a Builder or otherwise access DreamVault services.

An account is tied to your creative output and cannot be sold or transferred for use by another Dreamer.

We are constantly experimenting with product features to make DreamVault better and may add, remove, or test features with a subset of Dreamers. Access to these features is not guaranteed and may not be subject to your control. Instead, we may enable and disable these early-access, beta, or test features at our sole discretion. These features may also be subject to additional restrictions and limitations, including some that we describe through the DreamVault platform.

Builders

To summarize: A Builder is someone who subscribes and/or makes a purchase on DreamVault, which may come with special benefits from Dreamers they love. Builders can purchase items for Dreamers or themselves on DreamVault through wish lists and Dreamers' storefronts. Builders may receive benefits and directly interact with Dreamers using tools supplied by us, and, through DreamVault, have the opportunity to engage with a community of Builders and Dreamers.

As a Builder, you're supporting a Dreamer and may receive special benefits like shoutouts, exclusive creations, or merchandise. When you purchase gifts, DreamVault and the affiliate platform (e.g. Walmart) are each separate billing entities associated with the charge. You will see two charges for example if you purchase a gift; one charge for the item from the affiliate platform and one charge representing a percentage of that item's cost as the DreamVault platform fee. If your primary payment method fails and you've configured one or more backup payment methods, then we will charge those backup payment methods based on that configuration.

To become a Builder, simply purchase a gift or other offering on DreamVault. Subject to these terms and full payment of all applicable charges, to the extent an offering includes access to one or more of a Dreamer's creations, you receive a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and view those creations for your own private, personal, non-promotional, non-commercial use. Creations you gain access to in this manner will generally continue to be available to you, but may become unavailable at any time as described below.

If you are located in a jurisdiction in which DreamVault is required to charge and collect tax, for example VAT or sales tax, then this tax is added to the total charge. Except in limited circumstances, this tax is shown to you when purchasing an offering. DreamVault remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you agree to keep your location complete and up to date in order to enable accurate collection of taxes.

If you pay in a currency that is different from the currency associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.

Even if you pay in the same currency as the currency associated with your payment instrument, when your payment is processed in a country different from the one associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee, but our choices about payment processing may impact or otherwise give rise to this fee.

We are constantly experimenting with product features to make DreamVault better and may add, remove, or test features with a subset of Builders. Access to these features is not guaranteed and may not be subject to your control. Instead, we may enable and disable these early-access, beta, or test features at our sole discretion. These features may also be subject to additional restrictions and limitations.

All gifts are subject to the terms and conditions of the applicable vendor, which terms and conditions are stated on the applicable affiliate platform and on the applicable Dreamer's ordering list. Vendor, and not DreamVault, is solely responsible for the condition of gifts. All images of gifts are for illustrative purposes only, and gifts may vary from the pictures. Gift availability is subject to change without notice, and availability is not guaranteed. Although DreamVault uses its best efforts to ensure that the availability, colors and details of the gift are as described on the DreamVault platform, DreamVault does not guarantee that it will match in every instance.

DreamVault does not control the delivery time or method of any gift, and DreamVault is not liable for any delivery or shipping issues or delays. DreamVault is not responsible for any gift lost in transit, stolen after delivery, or lost due to an incorrect, incomplete or outdated address, a PO box address or an otherwise non-residential address. DreamVault will not be obligated to offer refunds for any lost or stolen gifts and Builders should submit such request directly with the vendor affiliate platform. The delivery estimate given by DreamVault stems directly from the retailer's delivery estimate and DreamVault takes no responsibility if this delivery estimate is exceeded due to circumstances out of our control. Each Dreamer is solely responsible for updating wish lists for non-affiliate and unverified stores with current pricing and details.

Once a Builder has purchased an item through the DreamVault platform, the order cannot be canceled or refunded unless the Dreamer chooses to cancel the order or refund the Builder themselves. DreamVault endeavors to keep ordering times as low as possible but please allow 30 business days for orders to be placed. If the order is not placed within 30 business days, Builder can request a refund. The Builder agrees to not dispute payments for orders that have not been placed within 30 business days of purchase. For the avoidance of doubt, the service provided by DreamVault to the Builder constitutes purchasing a given physical or digital good for the Dreamer, the Builder will not receive any tracking or order status information or physical or digital goods. DreamVault reserves the right to refuse any order in its sole discretion.

Refunds. Our policy is not to provide refunds, including if you lose access to offerings as described above, though we may allow for some exceptions where refunds are granted at our sole discretion. If you made a purchase on affiliate platforms, then DreamVault may not be able to address any associated refund requests, and you may need to contact those platforms directly. When you request a refund for an item purchase through an affiliate platform, you do so directly with the affiliate platform. Even if the refund is granted from the affiliate platform, there is no refund for the DreamVault platform fee.

Crowdfunding

If applicable, each Dreamer may opt to allow more than one Builder to contribute to the pur- chase of a gift (the “Crowdfunded Gift”). In order to participate in the purchase of a Crowdfunded Gift, a Builder must contribute at least $5.00 to the purchase price (unless the remaining unpaid portion of the Crowdfunded Gift's purchase price is less than $5.00 and greater than $0.50). When the Crowdfunded Gift's total purchase price is not met by contributions from Builders, Dreamer may, as applicable, (i) wait until additional Builders contribute the remaining unpaid portion of the Crowdfunded Gift's purchase price, (ii) pay the remaining unpaid portion of the Crowdfunded Gift's purchase price through the payment processor or (iii) pay the remaining unpaid portion of the Crowdfunded Gift's purchase price from Dreamer's DreamVault balance.

When undertaking a crowdfunded project, and especially when a project is successfully funded, Dreamers owe their Builders a high standard of effort, honest communication, and a dedication to bringing the project to life and using the crowdfunds for the purpose that was originally set out. At the same time, Builders agree and acknowledge they're not buying something when they back a project—they're helping to create something new, not ordering something that already exists. Every project is different. There may be changes or delays, and there's a chance something could happen that prevents the Dreamer from being able to finish the project, or not use the crowdfunds for the original stated purpose, which is not guaranteed. Dreamers are required to be honest, make no material misrepresentations in their communication to Builders, and make every reasonable effort to use the crowdfunds for the originally stated purpose. DreamVault is not liable for any damages or losses related to Builders and Dreamers use of DreamVault and the crowdfunding service.

Cryptocurrency Payment Terms

Dreamers and Builders may have the option to make/receive payments using cryptocurrency. By choosing to pay with cryptocurrency, you agree to the following terms in addition to our payment terms above. You also agree to our cryptocurrency payment partner Sphere and the terms found here https://spherepay.co/legal/terms.

Cryptocurrency prices are highly volatile and subject to fluctuations. The exchange rate at the time of payment will apply. We are not responsible for any changes in value between the time of payment and the completion of the transaction.

Transactions must be fully confirmed on the respective blockchain before services are rendered. We reserve the right to delay the provision of services until we have received full confirmation of the payment.

There are no refunds for payments made in cryptocurrency.

You are responsible for ensuring the security of your cryptocurrency wallet and for any errors or losses related to the transfer of cryptocurrency. We do not assume liability for lost, stolen, or misdirected cryptocurrency payments.

By using cryptocurrency as a payment method, you acknowledge that it is your responsibility to ensure compliance with any local laws and regulations regarding the use of cryptocurrencies. We reserve the right to refuse or cancel transactions that we believe are in violation of applicable laws or our policies. You may not use cryptocurrency payment services, as it pertains to sanctions or other similar international regulations, you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria, or any other country subject to United States embargo, UN Security Council Resolutions (“UNSCR”), HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime. Similarly, you may not use Sphere Services or Sphere-Enabled Services if you intend to supply any Services to Cuba, Iran, North Korea, Sudan, Syria, or any other country subject to United States embargo or HM Treasury's financial sanctions regime, or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime. You agree to comply with all applicable export control and trade sanctions laws.

BY USING CRYPTOCURRENCY AS A PAYMENT METHOD, YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT YOUR SOLE RESPONSIBILITY FOR COMPLIANCE WITH ALL APPLICABLE ANTI-MONEY LAUNDERING (AML) AND COUNTER-TERRORISM FINANCING (CFT) REGULATIONS IN CONNECTION WITH YOUR USAGE OF CRYPTOCURRENCY PAYMENT SERVICES. YOU AGREE TO UTILIZE CRYPTOCURRENCY PAYMENT SERVICES IN A LEGAL MANNER, STRICTLY IN ACCORDANCE WITH ALL RELEVANT LAWS AND REGULATIONS.

We reserve the right to modify these terms related to cryptocurrency payments at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these terms regularly.

DreamVault's role

To summarize: We may look at some pages and posts on DreamVault and review reported pages to identify potential violations of these terms and our policies.

We look at some pages and posts on DreamVault to enforce these terms and our policies, including our Community Guidelines and Benefit GuidelinesWe also investigate reports of potential violations. These investigations may take a while to resolve and, primarily because DreamVault may be exposed to risk based on what is done with funds earned on DreamVault, may include reviewing activity outside of DreamVault.

In most situations, we will work with Dreamers and Builders to resolve any potential policy violations and allow the Dreamer or Builder to continue using DreamVault. DreamVault may terminate Dreamer or Builder accounts when we believe it is necessary to protect Dreamers, Builders, DreamVault, or the broader community, but it is not an action we take lightly.

Please let us know if you see potential violations of our Community Guidelines. You can report violations by emailing us at helpdesk@dreamvault.co.

As a global company based in the United States with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the United States Department of the Treasury. This means that we cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.

Security

The security of your personal information is important to us. We use reasonable and appropriate physical, technical, and administrative industry safeguards to protect information from unauthorized access, use, loss, misuse or unauthorized alteration.

Our systems never access your full credit card number, and we encrypt the most sensitive information like tax information using transport layer security (TLS). We also offer advanced security measures, such as two-factor authentication for signing in, and CAPTCHA verification in cases when a bot is detected, when a user attempts to login from a suspicious IP address or after rapid succession login attempts. We only serve traffic over HTTPS, which encrypts all data between you and us.

What you should do. As a Dreamer or Builder, you can help prevent unauthorized access to your account and information by choosing a strong and unique password which is stored in a password manager. If you have any questions about the security of your personal information, you can contact us at helpdesk@dreamvault.co.

What you should not do.Please do not engage in any behavior that endangers the security of our website and users. Below are some examples of things you should not do on DreamVault.

Illegal Activities - Don't break the law or encourage others to break the law.
Personal Information - Don't distribute others' personal information or otherwise abuse it. Dreamers with access to their Builders' personal information should not use it for anything unrelated to DreamVault.
Spam - Don't spam others or distribute unsolicited advertising material.
Malware - Don't use DreamVault to host or distribute, malicious or destructive software.
Service Degradation - Don't degrade others' use of DreamVault or do any kind of brute force or load testing.
Data Mining - Don't crawl, scrape or otherwise index information on DreamVault. If you are doing this to create a useful feature then we may allow it, but you must check with us first.
Reverse Engineering - Don't reverse engineer or access our code in any manner that is not authorized by us.

If you engage in any of these behaviors, or otherwise endanger the security of our website and users we may terminate your account.

Account deletion

To summarize: You can delete your account by emailing us at helpdesk@dreamvault.co or through your account page. We can terminate or disable your account at our sole discretion.

You can permanently delete your account at any time by emailing us at helpdesk@dreamvault.co.

We can terminate or suspend your account at any time at our sole discretion. We can also cancel any membership subscriptions and remove any descriptions, posts, offerings, or benefits at our sole discretion. You may not bring a claim against us for suspending or terminating another person's account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys' fees and costs. These terms remain in effect even if you no longer have an account.

Your creations

To summarize: Dreamers keep full ownership of their creations and Builders keep full ownership of what they post on DreamVault, but give us permission to use them as part of DreamVault's services. Make sure you have permission to post the creations that you make available on DreamVault.

Dreamers keep full ownership of their creations and Builders keep full ownership of what they post on DreamVault, but we need licenses from you for this material in order to operate DreamVault's services effectively. By making creations available on DreamVault or otherwise posting on DreamVault, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license covering your creation or what you post in all formats and channels now known or later developed anywhere in the world to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works, publicly display, and display in connection with any name, username, voice, or likeness provided in connection with it. If your creations contain any personal data, you also recognize DreamVault's “legitimate interest” in it in accordance with the scope of this license.

This license is important for us to operate our services, including hosting creations, providing and promoting memberships to your Builders, and enabling community features like post comments. For clarity, you keep full ownership over your creations and what you post on DreamVault; we are not buying your intellectual property rights or leasing them from you for our gain. We will never try to steal your creations, use them in an exploitative way, or seek to profit off of them by any means other than facilitating memberships and offerings you've configured on DreamVault.

You agree not to make available creations or otherwise make posts on DreamVault that infringe others' intellectual property or proprietary rights. DreamVault reserves the right to remove creations and other material that violate DreamVault's terms and policies, including these Terms of Use and the Community Guidelines. We respond to compliant notifications of claimed copyright infringement and have adopted and reasonably implemented a policy for terminating, in appropriate circumstances, the accounts of Dreamers and Builders who are the subject of repeated compliant notifications of claimed copyright infringement or other evidence that suggests a pattern of repeat infringement. Information regarding how this policy is implemented as well as the process for reporting or responding to notifications of claimed copyright infringement can be found here.

Builders may not use creations posted by Dreamers in any way not authorized by the Dreamer, including sharing those creations with others who have not purchased the offering or subscription through which those creations were made available.

Third-party apps and services

To summarize: You may grant third-party apps and services access to your DreamVault account and you may grant DreamVault access to third-party apps and services. You may also revoke this access.

When you connect your DreamVault account to other websites, apps, or services, you may be asked to give those websites, apps, or services access to information about your DreamVault account and/or permission to perform actions within your DreamVault account on your behalf. If you choose to take this authorization action, then we will follow your instructions and grant the access or permission that you've selected. You can learn more in our Privacy Policy.

DreamVault's creations

To summarize: You agree that any bug reports or suggested improvements that you provide to DreamVault will be fully owned by DreamVault. Dreamers can use our copyrights or trademarks to promote their DreamVault pages, but can't use them for anything else without our permission.

Our creations are protected by copyright, trademark, patent, and trade secret laws. Some examples of our creations are the text on the www.dreamvault.co site, the text on DreamVault's other websites, our iOS and Android apps, our APIs, our logo, and our codebase. We grant Dreamers a license to use our logo and other copyrights or trademarks to promote their DreamVault pages. You can learn more about the correct use of our logo in our Brand Guidelines. You may not otherwise use, reproduce, distribute, perform, publicly display, or prepare derivative works of our creations unless we give you permission in writing.

We welcome your feedback on the performance of the DreamVault product, including any early-access, beta, or test features to which you've been given access, and your help in identifying any problems, bugs, and defects. You agree that any suggestions, comments, ideas, bug reports, or suggested improvements that you provide to us will be fully owned by us so that we can use them to improve DreamVault and thereby better help the community of Dreamers and Builders.

Indemnity

To summarize: If we are sued because of your use of or conduct on DreamVault, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of DreamVault. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

Warranty disclaimer

To summarize: We do our best to make sure DreamVault works as expected, but things happen.

YOUR USE OF DREAMVAULT IS AT YOUR SOLE RISK. DREAMVAULT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DISCLAIMERS OF WARRANTY UNDER THIS CLAUSE ALSO APPLY TO OUR SUBSIDIARIES, AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS.

WE MAKE NO WARRANTY THAT (I) DREAMVAULT WILL MEET YOUR REQUIREMENTS, (II) DREAMVAULT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DREAMVAULT WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DREAMVAULT WILL MEET YOUR EXPECTATIONS.

Limitation of liability

To summarize: If you lose money as a result of using DreamVault, any payment to you is limited to the amount of money we have earned through your use of DreamVault.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE DREAMVAULT; (II) 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 DREAMVAULT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DREAMVAULT; OR (V) ANY OTHER MATTER RELATING TO DREAMVAULT. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). FOR THIS CLAUSE, “WE” AND “OUR” IS DEFINED TO INCLUDE OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF DREAMVAULT.

Dispute resolution; Binding Arbitration; Class Action Waiver

To summarize: If you have a problem, please talk to us. Any disputes with us must be resolved in Los Angeles through arbitration under California law.

You and us agree that these Terms of Use affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Use or DreamVault, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at DreamVault LLC, 11509 Beatrice St., Los Angeles, CA, 90066 and helpdesk@dreamvault.co , and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

All disputes, claims, or controversies arising out of or relating to the Terms of Use or DreamVault that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Arbitration will be held in Los Angeles, California, and you and us agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including but not limited to any claim that all or any part of these Terms of Use are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

We shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys' fees and expert witness costs unless we are otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

You and us agree that the arbitration shall be conducted in the party's respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to us at the address identified in at the bottom of these terms. The notice must be sent within thirty (30) days of (a) the “Last Updated” date of these Terms of Use as set forth above; or (b) your first date that you used DreamVault that contained any versions of the Terms of Use that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them. If we change this 'Arbitration' section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and us in accordance with the provisions of this Section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND US REGARDING ANY ASPECT OF DREAMVAULT (INCLUDING THE ENROLLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

Everything else

To summarize: These terms are the final word on DreamVault's policies and we will tell you if we make material changes to them.

These terms and any referenced policies are the entire agreement between you and us, supersede all prior agreements, and don't create any partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified to make it enforceable, then it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, then it does not waive the ability to enforce any rights in the future.

We may sometimes make changes to these terms. If we make a change to these terms that, in our sole discretion, is material, then we will let you know before the changes come into effect. Continuing to use DreamVault after a change means you accept the new terms or policies.

If you sign-up to receive text messages from us, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Message frequency may vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. We, our service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

Contact

DreamVault LLC

11509 Beatrice St.

Los Angeles, CA, 90066

helpdesk@dreamvault.co