Dreamscope Terms and Conditions of Use
Effective as from June 15, 2014
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms. If the revision, in our sole discretion, is material we will notify you via posting to our website. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
These Terms apply to all who access the Service.
Use of the Service
You may use the Service only if you can form a binding contract with Dreamscope, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
While we strive to create the most user-friendly experience possible, all aspects of the Service are subject to change or elimination at our sole discretion.
You represent that you are over the age of thirteen (13) years old. If you are over thirteen, but under the legal age of majority, your parent or legal guardian must consent to these Terms, and affirm that they accept this agreement on behalf of, and bear all legal and financial responsibility and liability for your use of the Service.
We may suspend or stop providing the Service to you, with or without notice, if you do not comply with these Terms or if we are investigating suspected misconduct.
RegistrationTo sign up for the Service, you must register for an account on the Service (an "Account") or log in using your Google account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as an email address a name of another person with the intent to impersonate that person; or (ii) use as an email address a name subject to any rights of a person other than you without appropriate authorization. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Service without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account at any time through your Account settings.
Because of the sensitive nature of the information that may be available through the Service, you should exercise care to keep your password confidential. Passwords should be chosen that are not easily deduced by third parties. Passwords must not be disclosed to third parties, and when a computer shared by more than one individual is used for the Service, you should be careful to log out and close the web browser when finished using the Service. If you think a third party may have obtained your password you should immediately change your password. We will have no responsibility for damage caused to you by a third party using your password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use.
When you use the Service, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website or through the other Dreamscope Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Rules of Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Content, that:
(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (vi) impersonates any person or entity, including any of our employees or representatives; or (vii) includes anyone's identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the website; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Violation of these Terms will result in termination of your Account, without any refund of amounts previously paid for the Service. Additionally, you will be held responsible for any and all damages incurred by Dreamscope including any amounts charged by any outside entity due to said violation(s) including without limitation attorney fees and costs.
Subject to your compliance with these Terms and your payment of any applicable fees, Dreamscope or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Service. You agree not to download (other than page caching) or modify any portion of the Service, except with the express written consent of Dreamscope. This license does not include any (i) resale or commercial use of the Service or its contents; (ii) collection and use of any product or service listings, descriptions, or prices; (iii) derivative use of the Service or its contents; (iv) downloading or copying of account information for the benefit of another vendor or any other third party; or (v) any use of data mining or similar data gathering and extraction tools. No portion of the Service may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Dreamscope.
Without first obtaining the prior written consent of Dreamscope, you shall not: (i) frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including, but not limited to, images, text, page layout or form) of the Dreamscope; (ii) reproduce any image or depiction of the Service, as it might be rendered by a web browser or otherwise; or (iii) use any meta tags or any other "hidden text" utilizing Dreamscope name or trademarks. Any unauthorized use of the Service or our trademarks or other proprietary information terminates the license granted by Dreamscope. All information, content, services and software displayed on, transmitted through or used in connection with the Service, including, but not limited to, source and object code, text, photographs, images, illustrations, html, trademarks and logos, as well as the selection and arrangement of such items, is owned by Dreamscope and are protected by Japanese and International copyright and trademark laws.
Some features of the Service allow you to post information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other materials (collectively, "User Content") to the Service. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. You understand that all of the User Content and the consequences of such posting User Content is your sole responsibility and is subject to these Terms.
You understand that by using the Service, you may be exposed to User Content that may be offensive or objectionable to you. We may, but are not obligated to, preview or review any User Content and, in its sole discretion, may block or may remove from the Service, without notice, any User Content that violates these Terms or is otherwise objectionable. However, failure to block or remove any User Content is not an endorsement, warranty, representation, or guarantee regarding such User Content. You represent and warrant that the User Content does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
By posting, uploading or otherwise distributing the User Content on the Service, you hereby grant Dreamscope (and those we work with) a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content. The rights you grant in this license are for the limited purpose of operating the Service in accordance with its functionality, improving the Service, and allowing us to develop new Service(s). Your User Content will not be used for publicity, advertising or any public statements without your prior consent. This license continues even if you stop using the Service, although the Service may offer you ways to access and remove your User Content that has been provided to the Service.
You agree that we have no liability or responsibility for the storage or deletion of any User Content that you submit or post through the Service.
All right, title and interest in and to the Service (excluding your User Content), are and will remain the exclusive property of Dreamscope and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Dreamscope and its licensors. The Service is protected by applicable laws, including Japan and international copyright and trademark laws. Except as explicitly provided herein, nothing in these Terms gives you a right to use the Dreamscope name or any of the Dreamscope trademarks, logos, domain names and other distinctive brand features.
Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you.
The Service may include advertisements, which may be targeted to the User Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change. In consideration for Dreamscope granting you access to and use of the Service, you agree that Dreamscope and its third party providers and partners may place such advertising on the Service.
You may be given access to certain non-public information, software, and specifications relating to the Service ("Confidential Information"), which is confidential and proprietary to us. You may use this Confidential Information only as necessary in exercising your rights granted in these Terms. You shall not disclose any of this Confidential Information to any third party without our prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
The Service is offered with a free trial. We do not collect any credit card information until your trial period is over. Once that free trial is up, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your Account will be frozen and inaccessible until payment is made.
Subscriptions and Payment
The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by the Payment Processor. By subscribing to the Service, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of the Service in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your credit card.
Automatic Renewal of Subscriptions
Once you have submitted your payment information, your credit card will be automatically charged for subsequent time periods after the initial period where you authorize payment. For example, if you have paid for a monthly subscription, after the first month your credit card will be automatically billed at the applicable rate for the following month. You acknowledge that the Service has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) RELATING TO YOUR SUBSCRIPTION WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR SUBSCRIPTION. Please be aware that if your credit card is no longer valid, then, unless you provide a new valid credit card, we will terminate the Service prior to the start of the subsequent month.
Refunds and Cancellation
Any advance payments are not refundable under any circumstances. You may cancel your subscription at any time by logging into your account and selecting the "Settings > Billing Information" link. The cancelation of your subscription must be done at least two (2) days prior to the end of your current subscription period. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any remaining time on the current subscription period. We reserve the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without further obligation to you. In this event you will not be entitled to any refund or compensation.
Modification, Suspension or Discontinuance of the Service
We are constantly changing and improving the Service. We may add or remove functionalities or features and we may suspend or stop the Service altogether.
These Terms will continue to apply until terminated by either you or us. You may end your legal agreement with us at any time for any reason by discontinuing your use of the Service. If you have a subscription, you should cancel it and, if necessary, delete your Account from your account settings. We may also end the Service or any part of the Service at any time by giving you reasonable notice.
You agree that we are not liable to you or any third party, for any modification, suspension or discontinuance of the Service.
From time to time, Dreamscope may add new features to the Service that may be described as "beta" services or features (collectively, "Beta Features"). Beta Features will be considered part of the Service and all provisions of these Terms relating to the Service will apply to the Beta Features. You acknowledge that Beta Features may be untested, non-functional, and/or partially functional features of the Service.
If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in these Terms to the contrary, Dreamscope disclaims any and all warranties associated with any Beta Features. Any risk that Beta Features may harm or interrupt the regular running your software or hardware is borne entirely by you.
Third Party Links
The Service may contain links to third party websites, and other resources that are not owned or controlled by Dreamscope. These links do not imply any endorsement by Dreamscope does not endorse or the assumption of any responsibility for any such third party sites, information, materials, products, or services. If you access a third party website or resource from the Service, you do so at your own risk, and you understand that these Terms do not apply to your use of such links. You expressly relieve us from any and all liability arising from your use of any third party website, service, or content. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, tsunami, earthquake, eruption, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Failure or interruption of connectivity to the internet.
We performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event. If the Force Majeure Event continues for thirty (30) days or more, we may terminate these Terms. We have no liability to the other in respect of the termination of these Terms as a result of a Force Majeure Event.
Disclaimer of Warranties
Please read this section carefully since it limits the liability of us and our parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Dreamscope Parties").
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DREAMSCOPE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DREAMSCOPE PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. DREAMSCOPE PARTIES DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
DREAMSCOPE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DREAMSCOPE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL DREAMSCOPE PARTIES' AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
Waiver and Severability
The failure of us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
You may not assign, transfer, delegate or sublicense, whether by operation of law or otherwise, any or all of your rights and/or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. Any attempted assignment in violation of this provision shall be deemed null and void.
These Terms shall constitute the entire agreement between you and us with respect to the Service, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.
Applicable laws and Jurisdiction
These Terms will be governed by the laws of Japan. Conflicts that arise from the Service or conflicts between you and us related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.
In case of any inconsistency between the Japanese and English versions of these Terms, the Japanese version shall prevail.
Thank you for reading our Terms. We hope you enjoy Dreamscope.