Terms & Privacy
DREAM SPACE TERMS OF SERVICE
Effective Date: January 19, 2017
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DREAM SPACE, INC. D/B/A DREAM SPACE (“DREAM SPACE” “WE” OR “US”) STATING THE TERMS THAT GOVERN YOUR USE OF THE DREAM SPACE SERVICE AS DESCRIBED BELOW. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICE.
NOTE: Our Service is not intended for children under 13 years of age, and you may not use the Service if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
- Service Description: The Dream Space service (“Service”) consists of an online platform that matches users (“Users”) with professional career coaches (“Coaches”) in accordance with their expressed preferences and goals for the purpose of obtaining ongoing advice and guidance via mobile text message exchanges, together with all text, graphics, data files, visual interfaces, photographs, videos, images, trademarks, logos, artworks, sounds, music, and computer code (“Content”) available on the Dream Space website (the “Site”). The Service also includes the Site, together with all underlying software applications, source code, object code, data, and information technology, and any modifications or improvements made thereto. The Service and all Content is owned, controlled or licensed by or to Dream Space and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
- End User License Agreement (EULA). Dream Space hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your License shall commence on the date that you visit the Site, and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the Service in breach of the terms set forth herein. Dream Space retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Dream Space.
- Using the Service. To use Dream Space, you are required to register as and create a Dream Space account as set forth in Section 3(a) of these Terms. After creating an account, you may use the Service to view Coach profiles, and we will provide you with specific profiles of those Coaches that we believe will best serve your expressed needs.
- Establishing an Account: To use the Service you must first register and create an account, either directly or via third-party social networking sites such as Facebook. If you access your account via a third-party social networking site, you are agreeing to disclose your third-party account login information to us.
- Payments: When you establish your account, you agree to provide us with current, complete, true and accurate billing information, such as your credit card or other payment system number and expiration date, which will be used to process your subscription payments and any extension sessions. Subscription payments are processed either monthly or quarterly at the beginning of the payment cycle.
- Working with Coaches. After establishing your account, you will be matched with a coach. If you accept the match (or otherwise choose another coach on the platform), he or she will deliver coaching services during the course of the payment cycle. If you are dissatisfied with a particular coach, you may inform us and we will match you with a new coach for the remainder of the payment cycle
- Dream Space provides you with a means to interact with your Coach via mobile text message exchanges conducted through our platform. Although we establish the connection on your behalf, your carrier’s standard rates may still apply. You are free to make arrangements with your Coach to meet in person; however you agree to assume all risks associated with making such an arrangement as set forth in Section 11 of these Terms.
- Any advice, guidance, or other information provided by your chosen Coach represent the opinions of the Coach, and not Dream Space. Any medical or health-related advice offered by a Coach should not replace that of a qualified medical practitioner. Our sole role is to match you with a Coach, and to maintain the Platform to ensure its smooth operation. While we make reasonable efforts to verify the credentials of our participating Coaches, we do not offer (and specifically disclaim) any guarantees associated with Coaches and their services. Coaches are not employees of Dream Space. Accordingly, DREAM SPACE BEARS NO RESPONSIBILITY OR LIABILITY FOR ANY ADVICE OR GUIDANCE THAT COACHES MAY PROVIDE, AS FURTHER DETAILED IN THE LIMITATION OF LIABILITY SECTION OF THESE TERMS. USE OF THE DREAM SPACE SERVICE IS AT YOUR SOLE RISK.
- Cancellations and Refunds. Subscription fees are non-refundable. You may cancel your subscription at any time prior to the expiration of the subscription period to avoid being charged.
- Account Guidelines and Restrictions. Please note the following guidelines and restriction in connection with the operation of your Dream Space account:
- You are solely responsible for maintaining the confidentiality of your account and password, and for any and all activities that take place on your account, regardless of whether such activity was authorized by you.
- You agree to immediately notify us of any unauthorized use of your account or any other breach of security and to provide properly documented evidence of the same as we may request.
- You may only establish one Dream Space account. Additional accounts are strictly prohibited, and you may not use anyone else’s account at any time, nor may you permit anyone else to access and use your account.
- We reserve the right to terminate or suspend your account at any time, with or without cause or notice to you, and to change or discontinue any feature of the Service at any time, without notice to you.
- In the event that your Account is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to you or converted to cash or other form of reimbursement.
- We will undertake our best efforts to match you with a Coach based on the information you provide in your account profile and the information that a Coach has provided to us. However, we offer no guarantee that a match will be suitable.
- You may not use the Service to harm, stalk, or harass others in any way, or to impersonate any person or entity, including, but not limited to, a Dream Space employee, Coach, or other User, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You may not use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software, and you are further prohibited from attempting to modify, adapt, or hack the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks;
- You may not use the Service to violate any applicable local, state, national or international law in connection with your use of the Service, or to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- You may not use the Service to recruit or otherwise solicit any Coach to join third party services or websites that are competitive to Dream Space without our prior written approval; and
- You may not retain or pay a participating Coach using any method other than placing an order through the Service.
- Featured Coaches & Reviews. We may display the professional credentials of participating Coaches to suggest the quality and caliber of their work, but the order in which Coach information is presented is not intended to demonstrate a preference for one over another. We request you to provide a review of a Coach after services are rendered for the purpose of measuring and tracking their performance. Reviewing a Coach is entirely voluntary, and reviews may or may not be posted on the Site.
- Proprietary Rights. Dream Space owns and retains all proprietary rights in the Service, including associated applications, and Site, and all Content included therein. The Service contains the copyrighted material, trademarks, and other proprietary information of Dream Space. YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF DREAM SPACE AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY DREAM SPACE, YOU, OR ANOTHER USER OF THE SERVICES. You acknowledge that the Dream Space Service and Content are protected by copyrights, trademarks, and other proprietary rights owned by Dream Space, and/or its licensors, including, without limitation, rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed. No Content, or any other information obtained from the Service, may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written permission.
- Account Termination. Both you and we may terminate your account at any time. These Terms of Service shall remain in effect until you or we terminate your account, or are modified by us in accordance with Section 16 of these Terms. Without prejudice to our other rights hereunder, if you breach these Terms of Service in any way, then we may take such action as appropriate to address the breach, including suspending your access to the Service. We may terminate these Terms with or without notice to you by terminating your account. If we terminate your account because you have breached these Terms of Service, you will not be entitled to any refund of any unused fees.
- Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, EXCEPT TO THE EXTENT SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.
DREAM SPACE NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING. DREAM SPACE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION THE CONTENT) OR THAT THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DREAM SPACE MAKES NO WARRANTY THAT THE ADVICE, GUIDANCE, AND OTHER SERVICES YOU RECEIVE FROM PARTICIPATING COACHES WILL BE APPROPRIATE OR MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
- Limitation of Liability. You assume the entire risk of loss and damage due to your use of the Service. Dream Space and its owners, directors, officers, employees, and affiliates (the “Dream Space Parties”) shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort, strict liability, or otherwise, that you may incur in connection with the use of, or inability to use, the Service, or for any other claim related in any way to your use of the Service or interactions with us, even if advised of the possibility of such damages. IN NO CASE SHALL THE LIABILITY OF THE DREAM SPACE PARTIES TO YOU (i) EXCEED THE AMOUNT THAT YOU PAID TO DREAM SPACE OR ITS DESIGNEES, FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY, DURING THE SIX (6) MONTH PERIOD PRIOR TO THE MONTH IN WHICH THE MOST RECENT EVENT GIVING RISE TO LIABILITY OCCURRED, OR (ii) $500.00, WHICHEVER AMOUNT IS LESS.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Jurisdiction and Choice of Law. These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the State of New York. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of New York County, New York without regards to any principles of conflicts of laws.
- Statute of Limitations. Regardless of any statute or law to the contrary or the applicable dispute resolution process, any Claim or cause of action arising out of or related to use of the Service or under these Terms must be filed with Dream Space within one (1) year after such Claim or cause of action arose.
- Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the App. Therefore, you agree that, by using the App, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the App. Any such dispute shall be determined by arbitration to be held in New York, New York before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- Pre-Arbitration Procedure: At least thirty (30) days prior to seeking legal recourse via arbitration or in any other forum, you must send us a written Notice of Dispute to our address set forth below or via email to firstname.lastname@example.org. Your Notice of Dispute must include the following information: (a) Your full name; (b) Username; (c) Email and street address; (d) telephone number; (e) a complete description of the facts underlying your claim; and (f) a proposal for resolving the dispute. After receipt of your Notice, you and Dream Space will have sixty (60) days in which to conduct negotiations in an effort to informally resolve the dispute to both party’s satisfaction. Following the end of the 60-day period, either party may initiate arbitration proceedings if the dispute remains unresolved.
- Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- Modifications of These Terms. From time to time, we may update these Terms of Service. If there are material changes to these Terms or how Dream Space operates, we will prominently post the changes on our website and/or send you an email informing you of the change. All such changes will be effective immediately upon posting. If you are dissatisfied with any modification to the Terms, your only remedy is to terminate your use of the Service. Your continued use of the Services after a change or update has been made to the Terms of Service constitutes your acceptance of such change or update.
DREAM SPACE INC.
245 East 93rd St., No. 17G
New York, NY 10128
Effective Date: January 20, 2017
- WHAT INFORMATION DO WE COLLECT? We collect two basic types of information:
- Personally identifiable information (PII): PII is information that identifies you as an individual, such as your name, email address, username, and password. You voluntarily provide this information when you establish an account. To establish your account we only ask you to provide your name (first and last), email address, and phone number. You will then create a username and password, which we will store. We will then ask you to provide payment details (i.e., credit card). Once your account is established, you will be prompted to add certain personal details to enable us to match you with an suitable coach, such as your industry, profession, age, gender, career goals, etc. We will also ask you to provide additional contact details, such as your Facebook Messenger™ address, to enable coaches to get in touch with you. This additional information is voluntary, and any information you elect to add to your profile will be viewable by other members (i.e., coaches). In addition, any forms you complete, and communications between coaches and yourself that take place on our platform, are also elements of PII that we may collect. Also, if you choose to link your social networking accounts to your profile, you are granting us permission to access and use certain information about you as permitted by the social network. For example, if you link your Facebook account, it may provide us with access to whatever information you choose to include in your public profile, such as friends’ names, pictures, genders, user IDs, connections, and any other shared content. Finally, when you log on to your account, we will record your IP address and/or unique mobile device identifier and may tie it to your specific account. Under ordinary circumstances, an IP address recorded in isolation is not PII under the standard definition of the term. However, it may become PII when it is combined with other information, as in this case.
- HOW DO WE USE THE INFORMATION WE COLLECT? We use the PII we collect from and about you to enable us to provide you with our Service. We use your email address for to contact you in response to customer service requests, or for other matters regarding your account. We use your phone number and Facebook Messenger address to enable you to interact with coaches. In the event we run a sweepstakes, contest, or similar promotion, we will use the PII you provide us to contact you with information about the promotion, or to notify you if you are a winner. We may also use PII to verify your identity and eligibility for our Service, and to otherwise perform functions associated with our Service. We use the General Information we collect to give us insights on how our Users use our site and our Service. We use this information to ensure that our Service continues to appeal to our users.
- HOW DO WE SHARE INFORMATION? We will not share the information you provide to us with any third parties for marketing purposes. We will share information with third parties in the following ways:
- We will share your contact information with one or more coaches with whom you have been matched for the purpose of putting you in contact with them. We will only share as much of your information as may be required for this purpose.
- With your consent, we may share certain activities you have engaged in when using the Service with educational institutions that we may work with for research purposes. Note that we will always obtain your consent before doing so.
- If requested or required by law enforcement authorities, courts, or regulators, we may disclose any information we have about our users. We also may disclose your PII to exercise or protect legal rights or defend against legal claims.
- We sometimes contract with other companies and individuals to perform functions or services on our behalf, such as hosting the website, sending email messages, and monitoring website activity. We necessarily have to share your PII with such third parties as may be required to perform their functions.
- In some cases, we may choose to buy or sell assets. In these business transfers, customer information, including PII, is typically one of the business assets that are transferred. Moreover, if all or substantially all of our business assets were acquired, or in the unlikely event that we go out of business or enter into bankruptcy, customer information (including your PII), would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any assets may continue to be used according to your PII as set forth in this policy.
- HOW DO WE PROTECT YOUR INFORMATION? We take the security of your personal information seriously and use appropriate technical and organizational measures to protect your personal information against unauthorized or unlawful processing and against accidental loss, destruction or damage. We encrypt all data using standard SSL encryption. We also limit access to personal information about you to employees who reasonably need access to it to provide our Service, or in order to do their jobs. However, because no security system can be 100% effective, we cannot completely guarantee the security of any information we may have collected from or about you. In addition, we have no control over the security of other web sites on the Internet that you might visit even when a link may appear to those web sites site from our Site. If you share your computer or use a computer that is accessed by the general public, remember to log off and close your browser window when you have finished your session. We use Stripe, Amazon Payments, and PayPal to process payments. For more information on how those companies safeguard your information, please click on the following links: https://stripe.com/docs/security/stripe; https://payments.amazon.com/help/201491260; and https://www.paypal.com/us/webapps/mpp/ua/privacy-full,
- HOW LONG DO WE KEEP INFORMATION? We retain PII for as long as we deem necessary to satisfy a business purpose. If you elect to cancel your account, you may request that we delete your PII by sending us an email. We may also choose to anonymize certain of the information you provide to us so that it can no longer be attributed to you if we would like to retain it for longer periods of time.
- CAN I CONTROL HOW MY INFORMATION IS USED? The best way to control how we use your information is to delete or amend the information by changing your account preferences. Otherwise, we do not currently offer options on the use of personal information.
- HOW WE USE TRACKING TECHNOLOGY? We employ certain technologies, such as Google Analytics and the Facebook pixel, that enable us and third parties to track your online activities on our website over time, and to a certain extent across third-party websites. We offer no response to browser Do-Not-Track requests, but you can prevent Google Analytics from recognizing you on return visits to this Site by disabling cookies on your browser. To keep Facebook from tracking your activities on our site, you may adjust the settings on your Facebook account. If you are not a member of Facebook and are visiting this site via a desktop computer, you may limit Facebook ad tracking by downloading an ad blocker. If you are on a mobile device, you may limit ad tracking by adjusting the settings on your device.
- CHILDREN UNDER 13. Our Service is not intended for users under the age of 13, and we do not knowingly collect any personal information from children under 13. If we become aware that someone submitting information is under 13, we will attempt to delete the information as soon as possible. According to our Terms of Service, all users represent that they are at least 13.
DREAM SPACE INC.
245 East 93rd St., No. 17G
New York, NY 10128