Effective: 18 May, 2018
To Start With
Thanks for using the Dreamaker.io platform, tools and services (“Services”). These
Services are provided by Dreamaker.io LLC (“Dreamaker.io”, "Dreamaker", “we”, "our",
"us") through our website, accessible at www.dreamaker.io (“Site”), and as
applications for web browsers, mobile devices, tablet computers and similar devices
(“Apps”). Please read these terms of service (“Terms”) and
Privacy Policy carefully.
We reserve the right, at our discretion, to update or revise these Terms. Please
check the Terms periodically for changes. Your continued use of these Services, Site
and Apps following the posting of any changes to the Terms constitutes acceptance of
those changes.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE”, “I ACCEPT” OR "SIGNUP"
BUTTON, OR ACCESSING OR USING THE SITE, SERVICES OR APPS, OR BY DOWNLOADING,
UPLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SITE, SERVICES OR APPS, YOU ARE
INDICATING THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS,
WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR APPS. IF YOU DO NOT AGREE TO
THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, APPS OR
COLLECTIVE CONTENT.
Definition of Terms
"Customer" shall mean any person or entity using the Site, Services or Apps.
“Content” shall mean text, graphics, images, software (excluding the Apps), audio,
video, information or other materials.
“HIPAA” shall mean Section 262 of the Health Insurance Portability and
Accountability Act, P.L. 104-191 (“HIPAA”) which governs the use and transmission of
individually identifiable health information.
“Legal Requirement” shall mean any law or regulation affecting the use or disclosure
of Protected Health Information.
"Protected Health Information" shall mean any Protected Health Information as
defined in HIPAA or any similar information obtained from individuals as a result of
the Customer providing products or services.
Using our Site
You must follow any policies made available to you within these Services, Site and
Apps.
Don’t misuse our Site. For example, don’t interfere with our Site or try to access
it using a method other than the interface and the instructions that we provide. You
may use our Site only as permitted by law, including applicable export and re-export
control laws and regulations. We may suspend or stop providing our Site to you if
you do not comply with our terms or policies or if we are investigating suspected
misconduct.
Using our Site does not give you ownership of any intellectual property rights or
the Content you access. You may not use Content from our Site unless you obtain
written permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any
branding or logos used on our Site. Don’t remove, obscure, or alter any legal
notices displayed on our Site.
Our Site displays some Content that is not Dreamaker.io’s. This Content is the sole
responsibility of the entity that makes it available. We may review Content to
determine whether it is illegal or violates our policies, and we may remove or
refuse to display Content that we reasonably believe violates our policies or the
law. But that does not necessarily mean that we review Content, so please don’t
assume that we do.
In connection with your use of these Services, Site and Apps, we may send you
service announcements, administrative messages, and other information. You may opt
out of some of those communications.
HIPAA Terms and Conditions
Security and Confidentiality
You acknowledge that Protected Health Information requires special safeguarding and
agree to abide by the laws of your company, state, and HIPAA regarding the
protection and disclosure of Protected Health Information contained in these
Services and Apps.
These Services and Apps make use of encryption (data scrambling) on all portions of
the Services and Apps.
We welcome your e-mail correspondence but if you need to send confidential
information and are concerned about its security, then you should rather contact us
to make arrangements for the secure transmission of this data.
Safeguards
You agree that it is your responsibility to implement reasonable and appropriate
administrative, technical and physical safeguards to protect the confidentiality,
integrity and availability of all Protected Health Information and any and all other
confidential information accessible on or through our Services and Apps.
Payment Terms
For Customers that purchase our Services and Apps, fees are specified at the Apps
interface for “payment” - and must be paid in advance. Payment obligations are
non-cancelable and fees paid are non-refundable. For clarity, in the event Customer
downgrades any subscriptions from a paid plan to a free plan, Customer will remain
responsible for any unpaid fees under the paid plan, and Services under the paid
plan will be deemed fully performed and delivered upon expiration of the initial
paid plan subscription term.
{/**Check out our Help Center pages for more information about payment options.**/}
Fees are stated exclusive of any taxes, levies, duties, or similar governmental
assessments of any nature, including, for example, value-added, sales, use or
withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer
will be responsible for paying all Taxes associated with its purchases, except for
those taxes based on our net income.
Credits
Any credits that may accrue to Customer’s account (for example, from a promotion),
will expire following expiration or termination of the paid plan subscription term,
will have no currency or exchange value, and will not be transferable or refundable.
Credits accrued to a free subscription plan will expire if the account’s plan is not
upgraded to a paid plan within one-hundred and eighty (180) days of accrual.
{/**For more information on credits, please see the Help Center.**/}
Downgrade for Non-Payment
If any fees owed to us by Customer (excluding amounts disputed reasonably and in
good faith) are fifteen (15) days or more overdue, we may, without limiting our
other rights and remedies, downgrade any fee-based Services to free plans until
those amounts are paid in full, so long as we have given Customer ten (10) or more
days’ prior notice that its account is overdue. Customer acknowledges and agrees
that a downgrade will result in a decrease in certain features and functionality and
potential loss of access to your data{/**, as illustrated by comparing the plans in the Pricing Guide**/}.
General Prohibitions
You agree not to do any of the following:
-
Post, upload, publish, submit, transmit, record, distribute or otherwise make
available any Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships.
-
Post, upload, download, record, capture, publish, submit or transmit any Content
that: (i) infringes, misappropriates or violates a third party’s patent,
copyright, trademark, trade secret, moral rights or other intellectual property
rights, or rights of publicity or privacy; (ii) violates, or encourages any
conduct that would violate, any applicable law or regulation or would give rise
to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is
defamatory, obscene, pornographic, vulgar or offensive; (v) promotes
discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group; (vi) is violent or threatening or promotes violence or
actions that are threatening to any person or entity; or (vii) promotes illegal
or harmful activities or substances.
-
Download, record, capture, distribute, or otherwise make available any Content
that you do not own or have rights to under any law or under contractual or
fiduciary relationships.
-
Use, display, mirror or frame the Site or Apps, or any individual element within
the Site, Services or Apps, Dreamaker.io’s name, any Dreamaker.io trademark,
logo or other proprietary information, or the layout and design of any page or
form contained on a page, without Dreamaker.io’s express written consent.
-
Access, tamper with, or use non-public areas of the Site or Apps, Dreamaker.io’s
computer systems, or the technical delivery systems of Dreamaker.io’s providers.
-
Attempt to probe, scan, or test the vulnerability of any Dreamaker.io system or
network or breach any security or authentication measures.
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Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent
any technological measure implemented by Dreamaker.io or any of Dreamaker.io’s
providers or any other third party (including another user) to protect the Site,
Services, Apps or Collective Content.
-
Attempt to access or search the Site, Services, Apps or Content or download
Content from the Site, Services or Apps through the use of any engine, software,
tool, agent, device or mechanism (including spiders, robots, crawlers, data
mining tools or the like) other than the software and/or search agents provided
by Dreamaker.io or other generally available third party web browsers.
-
Send any unsolicited or unauthorized advertising, promotional materials, email,
junk mail, spam, chain letters or other form of solicitation, from the Apps or
otherwise.
-
Use any meta tags or other hidden text or metadata utilizing a Dreamaker.io
trademark, logo URL or product name without Dreamaker.io’s express written
consent.
-
Use the Site, Services, Apps or Content for any commercial purpose or the
benefit of any third party or in any manner not permitted by these Terms.
-
Forge any TCP/IP packet header or any part of the header information in any
email or newsgroup posting, or in any way use the Site, Services, Apps or
Content to send altered, deceptive or false source-identifying information.
-
Attempt to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the Site, Services, Apps or Collective Content.
-
Interfere with, or attempt to interfere with, the access of any user, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the Site, Services or Apps.
-
Collect or store any personally identifiable information from the Site, Services
or Apps from other users of the Site, Services or Apps without their express
permission.
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation.
- Encourage or enable any other individual to do any of the foregoing.
Dreamaker.io will have the right to investigate and prosecute violations of any of
the above to the fullest extent of the law. Dreamaker.io may involve and cooperate
with law enforcement authorities in prosecuting users who violate these Terms. You
acknowledge that Dreamaker.io has no obligation to monitor your access to or use of
the Site, Services, Apps or Content or to review or edit any Content, but has the
right to do so for the purpose of operating the Site, Services and Apps, to ensure
your compliance with these Terms, or to comply with applicable law or the order or
requirement of a court, administrative agency or other governmental body.
Dreamaker.io reserves the right, at any time and without prior notice, to remove or
disable access to any Content that Dreamaker.io, at its sole discretion, considers
to be in violation of these Terms or otherwise harmful to the Site, Services or
Apps.
Disclaimer of Warranties
We provide our Site using a commercially reasonable level of skill and care and we
hope that you will enjoy using them. But there are certain things that we don’t
promise about our Site.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER US NOR
OUR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT OUR SERVICES. FOR
EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN OUR SERVICES, THE
SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY
TO MEET YOUR NEEDS. WE PROVIDE THESE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE
EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Limitation of Liability
WHEN PERMITTED BY LAW, DREAMAKER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE
RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DREAMAKER, AND ITS SUPPLIERS
AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED
WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE
CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, DREAMAKER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Indemnification
Upon a request by Dreamaker.io, you agree to defend, indemnify, and hold harmless
Dreamaker.io and its subsidiary and other affiliated companies, and their employees,
contractors, officers, and directors from all liabilities, claims, and expenses,
including attorney’s fees that arise from your use or misuse of the Services, Site
and Apps or failure to comply with these Terms of. Dreamaker.io reserves the right,
at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate with
Dreamaker.io in asserting any available defenses.
DREAMAKER DOES NOT, AND SHALL NOT, INDEMNIFY YOU OR HOLD YOU HARMLESS OTHER THAN AS
SPECIFICALLY SET FORTH IN THIS SECTION ENTITLED "INDEMNIFICATION."
Copyright
The entire Content (including text and “look and feel” attributes) of our Services,
Site and Apps is ©2018 Dreamaker.io, LLC. Any use of such Content requires the
written permission of Dreamaker.io. All rights reserved.
We respond to notices of alleged copyright infringement and terminate accounts of
repeat infringers according to the process set out in the U.S. Digital Millennium
Copyright Act.
We provide information to help copyright holders manage their intellectual property
online. If you think somebody is violating your copyrights and want to notify us,
you can contact us at
support@dreamaker.io.
Your Content in our Site, Services and Apps
When you upload, submit, store or send Content to or through our Site, you give
Dreamaker.io (and those we work with) a worldwide license to use, host, store,
reproduce, modify, create derivative works (such as those resulting from
translations, adaptations or other changes we make so that your Content works better
with our Site), communicate and publish such Content. The rights you grant in this
license are for the limited purpose of operating, and improving our Site. This
license continues even if you stop using our Site. Make sure you have the necessary
rights to grant us this license for any Content that you submit to our Site.
Limited License
We grant only a limited, non-transferable and non-exclusive license to use the
software and documentation necessary to access, explore and otherwise use the Site,
Services and Apps in real time and to use the materials on the Site, Services and
Apps in a manner consistent with these Terms.
Third-Party Rights
The provisions of the Sections Disclaimer of Warranties, Limitation of Liability and
Indemnification are for the benefit of Dreamaker.io and its officers, directors,
employees, agents, licensors, suppliers, and information providers. Each of these
individuals or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
International Use
We make no representation that materials in our Site, Services and Apps, Site and
Apps are appropriate or available for use in locations outside the United States,
and accessing them from territories where their Contents are illegal is prohibited.
Those who choose to access our Site, Services and Apps from other locations do so on
their own initiative and are responsible for compliance with local laws.
Force Majeure
We shall not be responsible for any damages, delay in performance or failure to
perform hereunder to the extent that such failure was caused by acts or occurrences
beyond its control including, but not limited to, strikes or other labour disputes,
riots or other civil disturbance, internet or communication failures, embargoes,
government regulations or requirements (executive, legislative, judicial, military
or otherwise), power failure, electrical surges or current fluctuations, lightning,
earthquake, flood, war, water, the elements, or other forces of nature, delays or
failures of transportation, equipment shortages or suppliers' failures.
Termination
We reserve the right, in its sole discretion, to terminate your access to all or
part of our Site, Services and Apps, with or without notice.
We are constantly changing and improving our Site. We may add or remove
functionalities or features, and we may suspend or stop a functionality or feature
altogether.
You can stop using our site at any time, although we’ll be sorry to see you go. We
may also stop providing Site, Services and Apps to you, or add or create new limits
to our functionality at any time.
We believe that you own your data and preserving your access to such data is
important. If we discontinue a Service, where reasonably possible, we will give you
reasonable advance notice and a chance to get information out of that Service.
About these Terms
These terms control the relationship between Dreamaker.io and you. They do not
create any third-party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this
doesn’t mean that we are giving up any rights that we may have (such as taking
action in the future).
The laws of Oregon, U.S.A., excluding Oregon’s conflict of laws rules, will apply to
any disputes arising out of or relating to these terms or the Site, Services and
Apps. All claims arising out of or relating to these terms or the Site, Services and
Apps will be litigated exclusively in the federal or state courts of Multnomah
County, Oregon, USA, and you and Dreamaker.io consent to personal jurisdiction in
those courts.
Please also feel free to contact us if you have any questions about Dreamaker.io's
Terms of Service or practices. Contact us at
support@dreamaker.io.