User
Agreement for Live The Dream Service
1. ACCEPTANCE OF TERMS. This
User Agreement ("Agreement") is a contract between
you and Live The Dream, LLC. and applies to your use of the
Live The Dream, LLC.’s dream donation service and any
related products and services available through www.Dream-Share.com
(collectively the "Service"). By clicking “I
accept” below, you agree to be bound by the terms and
conditions of this Agreement. If you do not agree to be bound
by the terms and conditions of this Agreement, please do not
use or access our Services.
You must read, agree with, and accept all
of the terms and conditions contained in this Agreement and
the Privacy Policy, which include
those terms and conditions expressly set out below and those
incorporated by reference, before you may become a registered
user of Live The Dream. We strongly recommend that, as you
read this Agreement, you also access and read the information
contained in the other pages and websites referred to in this
document, as they may contain other terms and conditions that
apply to you as a Live The Dream user. Please note: underlined
words and phrases are links to these pages and websites. By
accepting this Agreement, you also agree that your use of
other Live The Dream websites and Services will be governed
by the terms and conditions posted on those websites.
We may amend this Agreement at any time by posting the amended
terms on our site (User Agreement).
If we decide to change our Privacy Policy, we will post those
changes on our website so our users are always aware of what
information we collect, how we use it, and under what circumstances,
if any, we disclose it. If at any point we decide to use personally
identifiable information in a manner different from that stated
at the time it was collected, we will notify users by way
of an email. Users will have a choice as to whether or not
we use their information in this different manner. We will
use information in accordance with the Privacy Policy.
In this Agreement, "you", "your"
or “dreamer” means any person or entity that registers
an account (“Dream Account”) for the Service ("Users").
Unless otherwise stated, "Live The Dream," "we"
or "our" will refer collectively to Live The Dream,
LLC. This Agreement was last modified on August 1, 2003.
2. YOUR REGISTRATION OBLIGATIONS AND
ELIGIBILITY. In order to use the Service, you must
register for a Dream Account. Each User may only hold one
Dream Account. In consideration of your use of the Services,
you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Services' registration
form (such information being the “Registration Data”)
and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or
incomplete, or Live The Dream has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, Live The Dream has the right to suspend or terminate
your account and refuse to allow you to use the Services (or
any portion thereof). Live The Dream is concerned about the
safety and privacy of all its users, particularly children.
For this reason, and to be consistent with PayPal's Terms
of Use, you must be at least 18 years of age to register for
an account. If you are under the age of 18, you may only use
the Service after you have provided Live the Dream with proof
of written consent of your parent or guardian (Guardian),
and that said Guardian is at least 18 years old, is the legal
Guardian of the person listed on the Dream account, and that
said Guardian has expressly given permission for you to access
all of the Services. You may request a concent form via dreamteam@dream-share.com
3. MEMBER ACCOUNT, PASSWORD AND SECURITY.
You will create a password and account during the Services'
registration process. You are responsible for maintaining
the confidentiality of the password and Dream Account, and
are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
Live The Dream of any unauthorized use of your password or
Dream Account or any other breach of security, and (b) ensure
that you exit from your Dream Account at the end of each session.
Live The Dream cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section.
4. The Legal Relationship between
You and Live The Dream.
4.1 No Warranty for Use of Donated Money.
Live The Dream does not have any control over the final
designation of the funds that are collected via the Service.
We cannot ensure that a dreamer will actually use the funds
for the dream specified.
4.2 No Warranty. WE, OUR PARENT, SUBSIDIARIES,
EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES
AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
4.3
Limitation of Liability. IN NO EVENT SHALL WE,
OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE,
OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
NEGLIGENCE). Some states do not allow the exclusion of limitation
of incidental or consequential damages so the above limitation
or exclusion may not apply to you.
OUR
LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES,
EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT
DAMAGES.
4.4
Indemnification. You agree to indemnify and hold
Live The Dream, its parent, subsidiaries, affiliates, officers,
directors and employees harmless from any claim or demand
(including attorneys' fees) made or incurred by any third
party due to or arising out of your breach of this Agreement
or the documents it incorporates by reference, or your violation
of any law or the rights of a third party relating to your
use of the Service.
5.
Non-U.S. Use. To be eligible for an account, you
must be a resident of the United States or one of the approved
countries supported by PayPal listed here:
https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/approved_countries
YOU
MAY ONLY SIGN UP FOR A Live The Dream ACCOUNT AFTER DETERMINING
THAT OPENING AND MAINTAINING A Live The Dream ACCOUNT VIOLATES
NO LAWS OR REGULATIONS IN YOUR RESPECTIVE COUNTRY AND JURISDICTION.
If you are an Non-U.S. User, you warrant that you are violating
no law or regulation by your use of Live The Dream.
6.
SERVICES. Live The Dream Services will allow you
to quickly disseminate information and notices to your friends
and family and in turn, easily collect donations. All monetary
collections will be made directly through PayPal into your
individual PayPal account, and not to or through Live The
Dream. Hence it will be necessary for Live The Dream Users
and their Donors to open PayPal accounts, and be subject to
the applicable PayPal Terms of Use. See http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/terms-outside.
Live The Dream is not affiliated with PayPal, and neither
is the agent or employee of the other, and neither is responsible
in any way for the actions or performance (or lack thereof)
of the other. To the extent that any Service provided hereunder
is rendered in conjunction with any other provider of services,
the same shall also be true, namely that to the extent that
a user of Services hereunder does so in conjunction with the
services of another service provider, such user will be subject
to the other service provider's terms of service, and neither
Live The Dream or the other service provider will be considered
the agent or employee of the other, and neither will be responsible
in any way for the actions or performance (or lack thereof)
of the other. The terms of this Agreement shall not in any
way supersede the terms of any other service provider, nor
shall the terms of service of any other service provider supersede
the terms of this user agreement with respect to the Services.
For additional information about the Service and how it works,
please also consult the Live The Dream Help Center.
6.1 Receiving and Making Donations. Your
Dream Account can only have one active Dream at a time.
Donors will be able to read about your dream and can make
a monetary contribution directly into your PayPal account.
These funds will be viewable through the User’s My
Dream section. When making a donation, a donor has the right
to make the donation viewable by all or anonymous to the
public (viewable by the dreamer only). The fees for online
donations will be deducted at the time of donation by PayPal
in accordance to the PayPal Fees Policy. Donations are directly
placed in your PayPal account when a donation is made and
can be accessed at any time. Live The Dream cannot guarantee
that any monetary donations collected by a User towards
a Dream will actually be used towards the specified dream.
As Live The Dream never holds the dreamers donations it
is not responsible for any refunds under any condition of
a donation or charge backs that may arise from a dispute.
7.
Fees. Live The Dream is a subscription service, All
fees are set forth in the Fee Schedule. Registration on Live
The Dream is free. There is an initial fee for creating an
activate Dream in your Dream Account that will be charged
at the time of posting. Additionally, there will be a monthly
subscription fee charged every 30 days that your Dream is
active. Once a Dream is closed or a goal is reached the subscription
fees will be automatically cancelled. Additional information
about Live The Dream's fees is available in the Fees
Policy.
8.
Restricted Activities. In using the Live The Dream
Services, you understand that you are liable for all information,
in whatever form, (Information) you make available to your
customers. You agree to not use the Services to:
a. create a Dream Account with the sole intent of begging
for money.
b. upload, post, email, transmit or otherwise make available
any Information that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
c. harm minors in any way;
d. Impersonate any person or entity, including, but not
limited to, a Live The Dream employee, or falsely state
or otherwise misrepresent your affiliation with a person
or entity;
e. forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Information transmitted
through the Services;
f. upload, post, email, transmit or otherwise make available
any Information that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
g. upload, post, email, transmit or otherwise make available
any Information that infringes any patent, trademark, trade
secret, copyright or other proprietary rights (Rights) of
any party;
h. upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes,
or any other form of solicitation, except in those areas
that are designated for such purpose and within the scope
of such designation;
i. upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
j. interfere with or disrupt the Services or servers or
networks connected to the Services, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Services;
k. intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law;
or
l. stalk or otherwise harass another.
You
acknowledge that Live The Dream does not pre-screen any content
that is posted using Services, but that Live The Dream and
its designees shall have the right (but not the obligation)
in their sole discretion to rescind use of the Services. You
acknowledge and agree that Live The Dream may preserve the
information that was provided to Live The Dream (“Information”)
and may also disclose Information if required to do so by
law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the user agreement; (c) respond to claims
that any Information violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of
Live The Dream, its users and/or the public. You understand
that the technical processing and transmission of the Services,
including your Information, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices.
Donors
who contributed through PayPal will be notified via email
by Live The Dream of any User whose service has been rescinded
with an active Dream that has been closed due to being in
violation of the Live The Dream user agreement. Donors may
seek a refund in accordance to PayPal’s policy.
9. License. Solely to enable Live The Dream
to use the information you supply us with, so that we are
not violating any rights you might have in that information,
you agree to grant us a non-exclusive, worldwide, royalty-free,
perpetual, irrevocable, sublicensible (through multiple tiers)
right to exercise the copyright, publicity, and database rights
(but no other rights) you have in Your Information, in any
media now known or not currently known, with respect to Your
Information. Live The Dream will use and protect Your Information
in accordance with our Privacy Policy.
10.
Links. The Services may provide, or third parties
may provide, links to other World Wide Web sites or resources.
Because Live The Dream has no control over such sites and
resources, you acknowledge and agree that Live The Dream is
not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that Live The Dream shall not
be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on or through any such site or resource.
11.
Trademarks. Dream Share and all related logos, products
and services described in this website are either trademarks
or registered trademarks of Live The Dream, LLC. Without Live
The Dream’s prior permission, you agree not to display
or use in any manner, the Live The Dream Marks.
12.
Access and Interference. You agree that you will
not interfere or attempt to interfere with the proper working
of the Live The Dream site or any activities conducted on
our site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on
our infrastructure. Much of the information on our site is
proprietary or is licensed to Live The Dream by our users
or third parties. You agree that you will not copy, reproduce,
alter, modify, create derivative works, publicly display or
frame any content (except for Your Information) from our web
site without the prior expressed written permission of Live
The Dream or the appropriate third party. If you use, or attempt
to use the Service for purposes other than creating and posting
dreams, receiving donation, making donations and managing
your account, including but not limited to tampering, hacking,
modifying or otherwise corrupting the security or functionality
of Service, your account will be terminated and you will be
subject to damages and other penalties, including criminal
prosecution where available.
13.
Privacy and Security. We do not sell or rent your
personal information to third parties for marketing purposes
without your consent and we only use Your Information as described
in the (Privacy Policy). We view
protection of users' privacy as a very important principle.
We understand clearly that you and Your Information are one
of our most important assets. Please view our Privacy Policy
to understand how we collect, store and use Your Information.
14.
Termination or Closing Your Account. You agree that
Live The Dream, in its sole discretion, may terminate your
password, Dream Account (or any part thereof) or use of the
Services, and remove and discard any Information within the
Services, for any reason, including, without limitation, for
lack of use, failure to timely pay any fees or other moneys
due Live The Dream, or if Live The Dream believes that you
have violated or acted inconsistently with the letter or spirit
of this Agreement. Live The Dream may also in its sole discretion
and at any time discontinue providing the Services, or any
part thereof, with or without notice. You agree that any termination
of your access to the Services under any provision of this
Agreement may be effected without prior notice, and acknowledge
and agree that Live The Dream may immediately deactivate or
delete your account and all related information and files
in your account and/or bar any further access to such files
or the Services. Further, you agree that Live The Dream shall
not be liable to you or any third-party for any termination
of your access to the Services.
You
may close your account at any time by clicking the "Close
Account" link in your Profile on the Live The Dream website.
Upon closure of an account, any pending transactions will
be cancelled. You may not use closure of your account as a
means of evading investigation - if an investigation is pending
at the time you close your account, You will remain liable
for all obligations related to your account even after such
account is closed. If you do not access your account for a
period of three years, it will be terminated.
15.
Assignability. You may not transfer any rights or
obligations you may have under this Agreement without the
prior written consent of Live The Dream. Live The Dream reserves
the right to transfer this Agreement or any right or obligation
under this Agreement without your consent.
16.
Legal Compliance. You shall comply with all applicable
U.S. and international laws, statutes, ordinances, regulations,
contracts and applicable licenses regarding your use of our
Services.
17.
Additional Terms. The following policies are incorporated
into this Agreement by reference and provide additional terms
and conditions related to specific Services we offer:
Each
of these policies may be changed from time to time and are
effective immediately after we post the changes on our Service,
except our Privacy Policy for which we will provide you with
thirty days prior notice. In addition, when using particular
Services, you agree that you are subject to any posted policies
or rules applicable which may be posted in conjunction with
those Services. All such posted polices or rules are hereby
incorporated by reference into this Agreement.
18. Notice. Notices to you may be made via
either email or regular mail. The Services may also provide
notices of changes to this Agreement or other matters by displaying
notices or links to notices to you generally on the Services.
Our mailing address is Live The Dream, LLC., 100 Glengary
Court, Apt. 305, Durham, NC, 27707, USA.
19.
General Information.
A.
Entire Agreement. This Agreement constitutes the entire
agreement between you and Live The Dream and governs your
use of the Services, superseding any prior agreements between
you and Live The Dream. You also may be subject to additional
terms and conditions that may apply when you use affiliate
services, third-party Information or third-party software.
B. Choice of Law. This Agreement and the provision of Services
to you is governed by the laws of the state of California,
U.S.A as such laws are applied to agreements entered into
and to be performed entirely within California by California
residents.
C. Arbitration. Any controversy or claim arising out of
or relating to this Agreement or the provision of Services
shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in San Francisco,
California, and judgment on the arbitration award may be
entered in any court having jurisdiction thereof. However,
you and Live The Dream agree to submit to the personal jurisdiction
of the courts located within the city and county of San
Francisco, California. Either you or Live The Dream may
seek any interim or preliminary relief from a court of competent
jurisdiction in San Francisco, California necessary to protect
the rights or property of you or Live The Dream (or its
agents, suppliers, and subcontractors) pending the completion
of arbitration.
D. Invalid Provisions. The failure of Live The Dream to
exercise or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by an arbitrator
or court of competent jurisdiction to be invalid, the parties
nevertheless agree that the arbitrator or court should endeavour
to give effect to the parties' intentions as reflected in
the provision, and the other provisions of this Agreement
remain in full force and effect.
E. Time to File Claim. 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 this
Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
F. Titles. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
20.
Violations. Please report any violations of this
Agreement to dreamteam@dream-share.com
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