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