Last Updated March 23, 2018
By downloading, browsing, accessing or using the Day Dreamer Mobile App (“Mobile App”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile App and your use of the services offered on the Mobile App. Continued use of the Mobile App will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
"Account" means an account created by a User on the Mobile App as part of Registration.
"Merchant" refers to any entity whose products or services can be viewed, purchased or consumed via the Mobile App.
"Redeem" means to redeem a Merchant’s products or services on these Terms and Conditions of Use and
"Purchase" means the act of purchasing such products or services offered by User-Merchants.
"Register" means to create an Account on the Mobile App and "Registration" means the act of creating such an Account.
"Services" means all the services provided by Day Dreamer via the Mobile App to Users, and "Service" means any one of them.
"Users" means users of the Mobile App, including you and "User" means any one of them.
3. GENERAL APPLICABILITY OF TERMS AND CONDITIONS.
3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile App and the making of any Redemptions are subject to these Terms and Conditions of Use.
3.2 Scope: The Mobile App may be used for professional and artistic purposes including but not limited to enabling creatives to view one another’s work and message one another for the intention of collaboration or to discuss similar interests in a professional capacity.
3.3 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
You agree to receive pre-programmed notifications (“Notifications”) on the Mobile App from other Users or from Day Dreamer if you have turned on Notifications on your mobile telephone or other handheld devices (as the case may be).
5. YOUR OBLIGATIONS
5.1 Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant User.
5.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
5.3 Content on the Mobile App and Service: It is your responsibility to ensure that any products, services or information available through the Mobile App or the Services meet your specific requirements before making any Redemption.
5.4 Prohibitions in relation to usage of Services or Mobile App: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile App:
5.4.1 to send or receive any material which is not civil or tasteful
5.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
5.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
5.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5.4.5 to cause annoyance, inconvenience or needless anxiety;
5.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
5.4.7 for a purpose other than which we have designed them or intended them to be used;
5.4.8 for any fraudulent purpose;
5.4.9 other than in conformance with accepted Internet practices and practices of any connected networks;
5.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
5.4.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
5.5 Prohibitions in relation to usage of Services, Mobile App: Without limitation, you further undertake not to or permit anyone else to:
5.5.1 resell any products or services ;
5.5.2 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
5.5.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
5.5.4 execute any form of network monitoring which will intercept data not intended for you;
5.5.5 enter into fraudulent interactions or transactions with us or a User (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
5.5.6 extract data from or hack into the Mobile App;
5.5.7 use the Services or Mobile App in breach of these Terms and Conditions of Use;
5.5.8 engage in any unlawful activity in connection with the use of the Mobile App or the Services; or
5.5.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile App or Services.
6. RULES ABOUT USE OF THE SERVICE AND THE MOBILE APP
6.1 We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile App will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at email@example.com.
6.2 We do not warrant that your use of the Services or the Mobile App will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile App will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile App, access to the Services and the Mobile App may be suspended, restricted or terminated at any time.
6.3 We do not give any warranty that the Services and the Mobile App are free from viruses or anything else which may have a harmful effect on any technology.
6.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile App from time to time. Your access to the Mobile App and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile App at any time.
6.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
7. SUSPENSION AND TERMINATION
7.1 If you use (or anyone other than you, with your permission uses) the Mobile App, or be committing any fraud against us or any person.
7.2 If we suspend the Services or Mobile App, we may refuse to restore the Services or Mobile App for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
7.3 Day Dreamer shall fully cooperate with any law enforcement authorities or court order requesting or directing Day Dreamer to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
7.4 Without limitation to anything else in this Clause 7, we shall be entitled immediately or at any time (in whole or in part) to (a) suspend the Services and/or Mobile App; (b) suspend your use of the Services and/or Mobile App; and/or (c) suspend the use of the Services and/or Mobile App for persons we believe to be connected (in whatever manner) to you, if:
7.4.1 you commit any breach of these Terms and Conditions of Use;
7.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
7.4.3 we suspect, on reasonable grounds, that you may have committed
7.5 Our rights under this Clause 7 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8. DISCLAIMER AND EXCLUSION OF LIABILITY: Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile App.
8.1 The Mobile App, the Services, the information on the Mobile App and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
8.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile App and its contents, including in relation to any inaccuracies or omissions in the Mobile App, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
8.3 We do not warrant that the Mobile App will always be accessible, uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code or that the Mobile App will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
8.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile App, we make no warranties or representations as to its accuracy, timeliness or completeness.
8.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Mobile App and the services offered in the Mobile App, your access to, use of or inability to use the Mobile App or the services offered in the Mobile App, reliance on or downloading from the Mobile App and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
8.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile App and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
8.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
8.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile App, or electronic mail transmitted to and from us, will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN, password, and/or any identifier number allocated by Day Dreamer, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos, and trademarks on the Mobile App are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers or our Users, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
10.2 Nothing contained on the Mobile App should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile App without our written permission. Misuse of any trademarks or any other content displayed on the Mobile App is prohibited.
10.3 We will not hesitate to take legal action against any unauthorized use of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
11.1 We may periodically make changes to the contents of the Mobile App, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile App.
11.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile App and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
12. APPLICABLE LAW AND JURISDICTION
12.1 The Mobile App can be accessed from all countries around the world where the local technology permits. As each of these places has differing laws, by accessing the Mobile App both you and we agree that the laws of the State of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile App.
12.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Travis County of Texas in the United States of America in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.
Daydreamer App Inc.
PO Box 650041
Austin, TX 78705