TERMS OF SERVICE
1. Use of the Service
Subject to the Terms (including without limitation your compliance with the Terms), you have the limited, non-exclusive, non-transferable, non-sub-licensable, revocable right to access and use the Service, in each case, for your own personal use. You may not: (i) copy, modify, or create derivative works of the Service (or any part thereof) for any purpose; (ii) distribute, publicly display, publicly perform, transfer, sell, sublicense, lease, lend, rent or otherwise make available the Service (or any part thereof) to any third party; (iii) decompile, reverse-engineer, disassemble or interfere with or circumvent the Service (or any part thereof), including without limitation any security or access control mechanism (except to the extent such a restriction is impermissible under applicable law); or (iv) use the Service (or any part thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of Content or information on our Service. Please note that we do not endorse any of the products featured in these advertisements. In no event shall Dreamkosh be responsible for the content, accuracy or opinions expressed in these advertisements or in the websites that these advertisements click through to.
Certain features of our Service may be subject to additional Terms or Conditions, which will be posted with those features. Such Terms or Conditions are incorporated by reference into the Terms.
2. Registration and account Security
In order to access and use our Services, you will need to register and create an account (your “account”) by filling profile fields in Register section or register or login using Dreamkosh account. By creating an account, you represent that:
1. You will not provide any false personal information on dreamkosh.com, or create an account for anyone other than yourself without permission.
2. You will not use Dreamkosh if you are under 13.
3. You will keep your contact information accurate and up-to-date.
4. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
5. You will not transfer your account to anyone without first getting our written permission.
6. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
7. If we disable your account, you will not create another one without our permission.
8. You will not use Dreamkosh if you are a convicted sex offender.
9. If you use "Login with Facebook" to access dreamkosh.com, it is your responsibility to sign out of Facebook after using dreamkosh.com.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any Username that you create through the Service that violates our Terms. You are responsible for activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
You can link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your Username and password) to make certain information or Services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
The primary goal of this website is to build a community of dreams and to provide a platform for Users to share the dreams they have had in their sleep and to read about the dreams their friends and the rest of the website community have had.
The registered members/users of this website may share their dreams on this website/platform in the form of Posts either by disclosing their identity or anonymously (as Kosh). The user will be able to add photo or a link to a video to these posts. The user will be able to include ("tag") friends to these posts and will also be able to enable or disable anonymous commenting on these Posts by other users of the website.
The User shall be provided with the option of two tabs which are (i) “Dreaming Friends” and (ii) “Dreaming Kosh”. These two tabs/communities can be viewed by the registered member/user at the time they log in to our website. All anonymous posts will be visible in the "Dreaming Kosh" section and viewable by the entire website community. Dreaming Friends section will contain all posts submitted by the user and the user's friends. In this section, the anonymous posts of the user and user's friends will be displayed as posts of "Kosh" to hide the identity of the poster.
All registered users of the website will be allowed the ability to submit comments on the posts in the "Dreaming Kosh" section, which represents anonymous postings. In the "Dreaming Friends" section, only the user and/or user's friends will be allowed to comment on the displayed Posts.
4. Sharing Your Content and Information
You own all of the content and information you post on Dreamkosh, and you can control how it is shared by choosing appropriate options while submitting Posts or by selecting appropriate display settings in the "About" section of website. In addition:
1. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any content that you submit.
2. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Dreamkosh (IP License). This IP License ends when you delete your account unless your content has been shared with others, and they have not deleted it.
3. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Dreamkosh, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about Dreamkosh. However, any feedback, comments, and suggestions you may provide regarding the website or us are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all rights therein) as we see fit and without any payment or other obligation to you.
All Content including pictures/photos/images, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such Content. As a matter course, we do not (and have no obligation to) monitor or control the Content posted or uploaded using our website and we are not responsible for any such Content. Any use or reliance on any Content received through our website is at your own risk.
We need your help to keep Dreamkosh safe, which includes the following commitments by you:
1. You will not post content that is threatening, pornographic, contains nudity, incites violence or contains hate speech or graphic/gratuitous violence.
2. You will not access an account belonging to someone else.
3. You will not bully, stalk, intimidate, or harass any user.
4. You will not use Dreamkosh to do anything unlawful, discriminatory, malicious, or misleading.
5. You will not collect users' information or content, or otherwise access Dreamkosh using automated means (such as robots, spiders, scrapers or harvesting bots) without our prior permission.
6. You will not do anything that could disable, overburden, or impair the proper working or appearance of Dreamkosh, such as a denial of service attack or interference with page rendering or other Dreamkosh functionality.
7. You will not upload any virus or any other malicious code.
8. Impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our website;
10 Record, 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;
11. You will not facilitate or encourage any violations of this Statement or our policies.
12. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms.
We do our best to keep Dreamkosh safe, but we cannot guarantee it. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content displayed on or sent via our website or otherwise accessible via our website or endorse any opinions expressed via our website. You understand that by using our website, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, Content that may be deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content transmitted or otherwise made available via our website or broadcast elsewhere.
6. Protecting Other People's Rights
1. You will not post any content that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any information or content you post on Dreamkosh if we believe that it violates the Terms of this website.
3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or Trademarks or any confusingly similar marks without our prior written permission.
6. You will not post anyone's identification documents or sensitive financial information on Dreamkosh.
7. You will not tag users or send email invitations to non-users without their consent. Dreamkosh offers social reporting tools to enable users to provide feedback about tagging.
8. We respect the intellectual property rights of others and expect Users of the Services to do the same. To help you protect your intellectual property rights, we welcome you to use our "Contact Us" section to write to us. When contacting us, please insure that you provide comprehensive information to us to determine the validity of your claim, including verification of your identity and the Intellectual property in question.
You acknowledge that while we do not, in the ordinary course, access, review, or pre-screen Content, we have the right (but not the obligation), in our sole discretion, to access, review, pre-screen, refuse, or remove any Content that is available via our website. Without limiting the foregoing, we have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. We also reserve the right to access, preserve, and disclose any Content or information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, but not limited to, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, or (e) protect the rights, property, or safety of our website, its Users, and the public.
1. We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes.
2. In the event that a change to the Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms.
3. Your continued use of the Dreamkosh Services, following notice of the changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the website to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Terms shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 10-11.
9. Indemnity and Limitation of liability
1. You agree to indemnify and hold us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) we incur in relation to or arising from (i) your access to or use of the Service, (ii) your violation of the Terms or any applicable law or regulation, (iii) your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
2. We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses. We shall also not be liable for any damages or losses resulting from (a) your access to or use of or inability to access or use the website; (b) the cost of procurement of substitute goods and Services; (c) any conduct or Content of any third party using the website, including, but not limited to, any defamatory, offensive, or illegal conduct of other Users or third parties; (d) any Content obtained from the website; or (e) unauthorized access, use, or alteration of your transmissions or Content.
3.. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not any of the website entities has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
4. If any of the above limitations does not apply to you because you are accessing website from a jurisdiction that does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, these limitations will apply to you to the maximum extent allowable under applicable law.
1. All of our rights and obligations under this Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
2. This Terms does not confer any third party beneficiary rights.
3. If any portion of this Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Terms, it will not be considered a waiver.
5. Any amendment to or waiver of this Terms must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Terms to anyone else without our consent.
7. You will comply with all applicable laws when using or accessing Dreamkosh.
8. Nothing in this Terms shall prevent us from complying with the law.
8. Nothing in this Terms shall prevent us from complying with the law.
9. We reserve all rights not expressly granted to you.
By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including without limitation that such communications be in writing.
These Terms are the entire and exclusive agreement between you and us regarding the website (excluding any Services for which you have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between you and us regarding the website.
1. These Terms and any action related thereto will be governed by the laws of the state of Illinois without regard to or application of its conflict of law provisions or your state or country of residence. You agree to submit to the exclusive jurisdiction of the U.S. District Court for the Northern District of Illinois and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If you reside outside of United States, you consent to having your personal data transferred to and processed in the United States.
2. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. You understand and agree that, by entering into the Terms, you and we are each waiving the right to a trial by jury or to participate in a class action.
3. If anyone brings a claim against us related to your actions, content or information on Dreamkosh, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Dreamkosh and are not responsible for the content or information users transmit or share on Dreamkosh. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Dreamkosh. We are not responsible for the conduct, whether online or offline, of any user of Dreamkosh.
4. WE TRY TO KEEP DREAMKOSH.COM SAFE, BUG-FREE AND UP, BUT YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ALL RELATED SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, PARENT ENTITIES, PARTNERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE “WEBSITE ENTITIES”) HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DREAMKOSH ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE WEBSITE, OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, OR ANY UNAUTHORIZED ACCESS TO, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE WEBSITE, OR US; AND/OR (IV) WHETHER THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY OF THE WEBSITE ENTITIES OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE WEBSITE ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR (I) THE AVAILABILITY OR ACCURACY OF WEBSITES OR RESOURCES ACCESSED VIA ANY LINK FROM OUR WEBSITE, OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY THE WEBSITE ENTITIES OF SUCH WEBSITES OR RESOURCES OR THE CONTENT, PRODUCTS, OR SERVICES AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR DREAMKOSH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR DREAMKOSH WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DREAMKOSH'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
1. By "Dreamkosh" or ”Dreamkosh Services” we mean the features and services we make available, including through (a) our website at www.dreamkosh.com and any other Dreamkosh branded or co-branded websites (including sub-domains, international versions, and mobile versions); and (b) other media, brands, products, services, software, devices, or networks now existing or later developed. Certain features of our Service may be subject to additional Terms or Conditions, which will be posted with those features. Such Terms and Conditions are incorporated by reference into the Terms.
3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Dreamkosh.
By User or Users we mean any registered user or users of the website
4. By "content" we mean anything you or other users post, provide or share using Dreamkosh Services.
5. By "data" we mean any data, including a user's content or information that you or third parties can retrieve from Dreamkosh.
6. By "post" we mean post on Dreamkosh or otherwise make available by using Dreamkosh.
7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "Kosh" we mean a fictional character that represents anonymously posted posts, for website display purposes only.