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DreamBank Terms Of Use

Welcome to DreamBank.org (the "Site"), which is operated by The DreamBank Online Gifting Community Inc. ("DreamBank"). The Site and any services provided by DreamBank on or in connection with the Site (the "Services") are provided to you individually or, if you are subscribing to the Site on behalf of an organization, to the entity on whose behalf you act ("You"), subject to the following terms and conditions (the "Terms of Use"). By using or subscribing to the Site or the Services, You agree to be bound by these Terms of Use. If You do not agree to these Terms of Use, do not use the Site or the Services.

1. Children

You acknowledge and agree that You are not under 13 years of age, are more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to understand, enter into and comply with these Terms of Use.

2. Changes to these Terms of Use

DreamBank reserves the right to update or amend these Terms of Use at any time, without notice, and your continued use of the Site or the Services following any changes, shall be deemed to be your acceptance of such changes. It is therefore your responsibility to check the Terms of Use regularly for any changes.

3. Privacy Policy

DreamBank collects, uses, and discloses your personal information in accordance with its Privacy Policy, which is available at http://www.DreamBank.org/privacy.html. By providing information to DreamBank, You consent to the use of such information in accordance with the Privacy Policy.

4. Use of the Site

Effective upon DreamBank's acceptance of your request to become a registered user of the Site and provided that You continue to comply with these Terms of Use, DreamBank grants to You a personal, non-assignable license to log into and access the Site and to place content on the Site ("Your Content"). Some of the Services are free of charge, while others may cost money or have other requirements. Any such fees or requirements will be clearly explained and agreed to when You subscribe to such Services.

5. Your Content

You are responsible for ensuring that You have the right to provide Your Content to DreamBank for hosting, transmission, and publication in connection with the Site and the Services and, notwithstanding any disclaimers or limitations otherwise applicable in respect of Your Content, You agree to hold harmless and indemnify DreamBank for any liability arising from Your Content. By submitting Your Content to DreamBank, You grant to DreamBank and its licensees the right to publish and otherwise use and exploit Your Content in accordance with the applicable license terms. For more information regarding the available license terms, please see creativecommons.org. Unless otherwise stated for specific Services, You will retain ownership and all related rights in any original information or other content that You publish on the Site or through the Services. In the event of any inconsistency between the provisions of these Terms of Use and the applicable license terms, these Terms of Use shall prevail to the extent of such inconsistency and such license terms shall be deemed to have been modified, in writing, by You and DreamBank.

6. Contributions and Interest

You will need a PayPal account to use some of the Services, e.g. to cash in your "dream" with DreamBank. If You do not have a PayPal account or to view PayPal's terms of use and privacy policy, please visit http://www.paypal.com. You will need a major credit card, or a PayPal account to make a contribution on DreamBank. Ten percent of all net revenue transaction revenue that is generated is distributed, proportionately, as assigned by our users, to a selected list of charities. DreamBank provides You with a list of participating charities to select from when You set up a "dream".

7. Termination of Access

If You use the Site in any manner that is prohibited by these Terms of Use, DreamBank may, without notice, terminate or suspend your use of or access to the Site or the Services.

8. Changes to the Site

DreamBank reserves the right to change any aspect of the Site or the Services including the right to refuse or remove any content, including Your Content whatever the source, at any time without any notice or liability to You.

9. Prohibited Use of the Site

The Site is provided to You for your personal use. You may not use the Site to engage in any unlawful activity or to infringe the rights of DreamBank, its affiliates, or its customers. You further agree that You will not and You will not allow your employees or agents to:

  • interfere with the operation of the Site or the Services in any way or interfere with anyone's use or enjoyment of the Site or the Services or use the Site or the Services to gain unauthorized access to other computer systems;
  • send chain letters, junk mail or spam, use any distribution lists in respect of any person who has not given specific permission to be included in such a process, or to distribute or publish advertisements or solicitations of business;
  • transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, state, national or international law or regulation;
  • impersonate any person or entity on or through the Site; (v) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable;
  • reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Site or any component thereof;
  • copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or the Services or any component thereof; or
  • disclose your password or otherwise grant access to the Site to any third party, other than your authorized agent, without the prior written consent of DreamBank. You agree to abide by all additional rules, policies, and restrictions that apply to any portion of the Site or the Services.

10. Operation and Maintenance of the Site

DreamBank operates the Site in a commercially reasonable manner and may from time to time interrupt the Site's services for regular and emergency maintenance. Where DreamBank has advance knowledge of any interruption to the Site's services, DreamBank will make reasonable efforts to provide advance notice to You of any such interruption.

11. Monitoring Use of the Site

DreamBank may monitor the Site but is under no obligation to do so. You hereby waive any expectation of privacy in your Dream information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information, which is handled by DreamBank in accordance with the Privacy Policy of the Site.

12. Links to Other Websites

You acknowledge and agree that other websites You may visit through links within the Site are independent of DreamBank and that DreamBank makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on those websites. You link to any other websites at your own risk.

13. Intellectual Property of DreamBank

The copyright to the Site, the design and appearance of the Site, and all of the materials and content on the Site (other than Your Content) are owned by or licensed to DreamBank. These materials are protected by law against unauthorized copying and reproduction. Any use, reproduction or distribution of material, including caching, framing, or similar means, from the Site (except as permitted herein) without written permission of DreamBank is expressly prohibited. The DreamBank Online Gifting Community Inc. and DreamBank are trade-marks of DreamBank or its affiliates. Other service and product marks that appear on the Site are the trade-marks of their respective owners. The display of any trade-marks on the Site does not imply that a license has been granted for any further use.

14. Claims of Infringement

DreamBank respects the intellectual property rights of others. If You believe that your work has been copied and is accessible on the Site in a way that constitutes an infringement of your intellectual property rights, please contact DreamBank from the contact form on the website.

15. Dealing with Third Parties

Any correspondence or business dealings with any third parties found on or through the Site is solely between You and such parties. DreamBank is not responsible for any damages You may suffer by entering into such transactions or communications. You and the third party, not DreamBank, are responsible for compliance with all laws applicable in any such transaction or communication.

16. No Warranties and No Liability

You acknowledge and agree that the Site and the Services are provided to You on a "as is", "without any warranties" and "without any liability" basis. The parties to these Terms of Use acknowledge and agree that this limitation on liability is reasonable in the circumstances.

DREAMBANK DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SITE OR THE SERVICES OR THE INFORMATION PROVIDED IN CONNECTION THEREWITH, WHICH MAY CONTAIN ERRORS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE ERROR FREE OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION.

DREAMBANK DISCLAIMS AND EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE SITE OR THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DREAMBANK IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR THE SERVICES OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF DREAMBANK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

WHERE THE LIMITATION OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES IS NOT ALLOWED, THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS OF USE SHALL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRES LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.

17. Limit on Damages and Claims

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF DREAMBANK'S LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE SITE OR, IN THE EVENT THAT YOU HAVE NOT PAID ANY FEES IN RESPECT OF THE SITE OR SERVICES, CDN$5,000. ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR SERVICES OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18. Indemnity

You hereby agree to hold harmless and indemnify DreamBank and its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of your misuse of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of DreamBank or any other person or entity, including such activities that are carried out by any individual using your login or password information.

19. Jurisdiction

Any dispute relating to the Site or the Services shall be governed by British Columbia and Canadian law and shall be adjudicated by the courts of British Columbia, Canada. Nothing in these Terms of Use shall prevent DreamBank from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over You or otherwise over such subject matter. DreamBank makes no representation that the Site or the Services are appropriate or available for use in all locations, and accessing the Site from territories where the Site or its content is illegal is prohibited. If You choose to access the Site from such a location, You do so on your own initiative and You are responsible for compliance with local laws.