Terms of Service
1. Introduction
Welcome, and thank you for your interest in Sabitzer OU (“Company”, “we,” or “us”) and our website at mydreams.studio, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Company regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY: BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING COMPANY’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND COMPANY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY COMPANY AND BY YOU TO BE BOUND BY THESE TERMS.
Company may, in its sole discretion, modify or revise these Terms of Service at any time, and You agree to such modifications or revisions by Your continual usage of the Services. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
2. Services
3. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
4. Accounts and Registration
5. Access to the Services
6. Subscription
Certain Services may be provided to You free-of-charge from time to time. Other Services require payment before You can access them. You may access the Services after You have successfully subscribed to a respective subscription plan (“Paid Services”) which is subject to a payment of fee(s) as may be determined by Company from time to time (“Fee”) which shall be made via credit card or such other payment method as accepted by Company (“Payment Method”). Company shall reserve the right to introduce further Paid Services from time to time at its own discretion. All Fees are quoted in United States Dollar (USD) unless otherwise specified by Company. The Fee is exclusive of all taxes, which shall be borne by You.
The subscription to the Paid Services is based on an auto-renewal basis whereby it will automatically be renewed upon the end of the application subscription period (i.e. monthly basis, annual or other basis) corresponding to the term of Your subscription.
If we offer You a promotion (e.g. a promotional price) for Your subscription for the Paid Services, the specific terms of the promotion will be disclosed during Your sign-up or in other materials provided to You describing the particular promotion. In the case of promotional pricing, after Your promotion ends, we will begin billing You the regular price after the promotion ends unless You cancel prior to the end of the promotion or unless otherwise disclosed in communications made available to You.
We reserve the right, in our sole discretion, to change, amend, modify or vary the price, package and/or features of the Paid Services subscription plan(s), at any time, with or without notice to You.
We will use all reasonable effort to ensure that the pricing and information for our Services stated therein are accurate, however, there are possibilities due to genuine error that the information of our Service may be inaccurate or any of our Service may be priced wrongly. If such situations may arise, we reserve the right to take any appropriate action we deem necessary to rectify the same.
7. Cancellation of Subscription and Account Deletion
Cancellation of Subscription
You can cancel Your subscription to the Paid Services at any time, and You will continue to have access to the Paid Services through the end of Your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds for any unused Paid Services.
For cancellation purposes, You may cancel Your subscription by going to “My Account” and following the instructions as stated therein.
Payment Processing
Company may contract with a third party to process payments submitted through the Service (the “Payment Processor”). Users may be required to provide their payment method details to the Payment Processor. Before you pay through the Payment Processor, you will have an opportunity to review the amounts that you will be charged.
Account Deletion
You may also delete Your account by contacting us at support@mydreams.studio.
Upon the closure of Your Account and under Your specific instruction for data erasure, we shall take all reasonable efforts to erase all data related to Your Account. We reserve the right to retain any data necessary under the applicable laws.
Upon cancellation or discontinuance of Your subscription and account, You may continue to use any work previously produced, created or reproduced by You via the Services as of the date of cancellation or discontinuance, provided always that such use must be in compliance with these Terms of Service, the Licensing Agreement and any other relevant licensing agreements as may be imposed by us from time to time.
8. User Content
“Your Content” means any and all information and content that You submit or use with the Services (including content found on Your profile or posts) and any derivative works which You have produced through the use of the Services.
As the Account holder, You may submit Your Content on the Services. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.
You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant Company an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. You also agree that Your Content may be retained by us for a reasonable period of time for the purposes of: (i) improving or enhancing Company products and the Services to You; (ii) analysing and measuring the effectiveness of Company products, the Services (including our mobile applications); (iii) fulfilling contractual obligations; and for the (iv) compliance with legal obligations.
You further agree that Company is not responsible for the accuracy, currency, suitability, or quality of any user Content, whether provided by You or by other users. Any interaction between users are solely within the users and Company will not be responsible for any loss or damage incurred as the result of such interactions.
9. Warranty Disclaimer
10. Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT,OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11. Prohibited Conduct
BY USING OUR SERVICE, YOU AGREE NOT TO:
11.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law. This includes but is not limited to content associated with:
- Drugs
- Weapons
- Violence
- Bestiality
- Sexual violence
- Incest
- Child pornography (CP)
- Sexual exploitation
- Any form of harm or harassment towards minors
- Content Resembling Minors
- Activities that advocate or endorse illegal actions
- Actions and content which impersonate individuals without their consent (e.g. “deepfakes”)
- Sexually graphic, pornographic, and lewd content & etc.
11.2 harass, threaten, demean, embarrass, bully, or otherwise harm any other User;
11.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
11.4 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Company;
11.5 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
11.6 interfere with the operation of the Service or any User’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another User; (iii) collecting personal information about another User or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
11.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;
11.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
11.9 attempt to do any of the acts described in this Section 12 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 12 (Prohibited Conduct).
12. Terms Updates
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing Users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service.
13. Miscellaneous
Terms
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated.
Termination
If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your Account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Account and these Terms at any time by following the instructions in your Account or contacting customer service at support@mydreams.studio.
Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service
Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use
Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
Severability
Unless as otherwise stated in these Terms of Service, should any provision of these Terms of Service be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service, and the application of that provision shall be enforced to the extent permitted by law.
Electronic Communications
You agree that the communications between You and Company uses electronic means. For contractual purposes, You (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.
Last updated: 25 February 2024