1. Acceptance of Terms
Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the “Terms of Service” hypertext link located on the Dreamslair Sites. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable Dreamslair Site and to cancel any accounts or Services you have signed up for. Your continued use of the Dreamslair Sites after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that Dreamslair is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.
Dreamslair reserves the right to deny, in its sole discretion, any user access to the Dreamslair Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).
2. User Accounts
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. If you decide to purchase subscription-based Services, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by Dreamslair), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Dreamslair immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by Dreamslair). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Dreamslair or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
Where the Services utilize the account management of a social networking website (such as Facebook), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.
FEES AND PURCHASE TERMS
In the Service you may purchase, with “real world” money, a license to use (a) “virtual currency”, including but not limited to virtual coins, cash, tokens, or points, all for use in Dreamslair games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.
You can order Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Items from our Service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Dreamslair keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Dreamslair is not a party to the transaction.
For Virtual Items, your order will represent an offer to us to purchase the relevant product(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.
The provision of Virtual Items for use in Dreamslair games is a service provided by Dreamslair that commences immediately upon acceptance by Dreamslair of your purchase. By ordering Virtual Items you agree and accept that Dreamslair will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase a product or service from Dreamslair, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.
3.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Dreamslair may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT DREAMSLAIR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. Limitations On Your Use Of The Services
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets (including, without limitation, your account, characters, housing, items, credits, currency, coin or any other virtual in-game items or other materials appearing in or generated by the Services), information, software, products or services obtained from the Services, without the express written consent of Dreamslair. You hereby acknowledge and agree that you have no proprietary interest in any account, characters, housing, items, credits, currency, coin or any other virtual in-game items or any other materials appearing in or generated by the game or the Services. You may not use any software or hardware that reduces the number of users directly accessing or using the Services. You further agree not to create or provide any means other than through the Dreamslair Sites by which the Services may be accessed.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service. You may not use the Services in any manner that could damage, disable, overburden, or impair any Dreamslair server, or the network(s) connected to any Dreamslair server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Dreamslair server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
5. Rules Of Conduct
The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. Dreamslair has no obligation to monitor the Communication Services. However, Dreamslair reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. Dreamslair reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Dreamslair, and such communications shall not be considered reviewed, screened or approved by Dreamslair. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. Dreamslair specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Dreamslair spokespersons, and their views do not necessarily reflect those of Dreamslair.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Dreamslair is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
Dreamslair reserves the right at all times to disclose any information or materials found on the Communications Services as Dreamslair deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in Dreamslair’s sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services and/or related Communication Services, in order to:
- Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable.
- Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computer.
- Except as expressly authorized by Dreamslair, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are prohibited.
- Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
- Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.
- Impersonate or create a false identity (such as a celebrity or Dreamslair representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
- Attempt to get a password, other account information, or other private information from a member or any other user of such Services.
- Improperly use in-game support or complaint buttons or make false reports to Dreamslair administrators.
- Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements.
- Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Use the Dreamslair Sites, Services or Software to resell or make any commercial use of the Dreamslair Sites, Services or Software, or otherwise commercially exploit the same, without the prior express written consent of Dreamslair.
- Use the Services for fraudulent transactions including, without limitation, in-game virtual transactions.
- Sell, buy, or transfer access to your account.
- You will not exploit, distribute or publicly communicate any game error, miscue or bug which gives an unintended advantage.
Where applicable each user will either select a character name or allow Dreamslair to automatically select a character name at random. Where users create a character name or otherwise create a label that can be used by players of Dreamslair’s games, users will abide by the following guidelines contained in these Terms of Service. Users will not use a name which (a) belongs to another person with the intent to impersonate that person; (b) contains, or is substantially similar to a trademark or service mark, whether registered or not; (c) that incorporates a swear’ word or is otherwise offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (d) belongs to a popular culture figure, celebrity or media person; (e) belongs to any religious figure or deity; (f) comprises gibberish; (g) in any way infringes these Terms of Service.
“Content” shall mean the software, communications, images, sounds, and all the material and information you see on the Dreamslair Sites, whether provided by Dreamslair or by users of the Services. Dreamslair does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Dreamslair Sites.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Dreamslair Sites. Content standards may vary depending on where you are on the Dreamslair Sites, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others.
Dreamslair representatives may monitor your communications on the Dreamslair Sites. But we cannot monitor all of the Content on the Dreamslair Sites, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services, you can report it to firstname.lastname@example.org. Dreamslair does not endorse, approve, or prescreen any Content that you or other third parties communicate on the Service. Dreamslair does not assume any responsibility or liability for Content that is generated by members or other guests on the Dreamslair Sites.
Dreamslair and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Dreamslair Site. Without limiting the foregoing, Dreamslair and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
You acknowledge and agree that all characters created and items acquired and developed as a result of game play are part of the applicable game Software and related Services and are the sole property of Dreamslair and/or its licensors. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Dreamslair, and/or its licensors (collectively, “Rights “), and (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of Italy and other applicable laws. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any third-party Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Dreamslair and/or its licensors all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to Dreamslair and/or its licensors, their successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the Content.
7. Ownership and Usage of Proprietary Items
The Services, including, without limitation, all Software and Content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software and character data). The entire contents of the Service and each area contained therein are copyright protected as a collective work under the laws of Italy. Dreamslair owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that Dreamslair, and/or its licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Dreamslair and derivative works thereof, and that you do not acquire any of those ownership rights by accessing such materials.
You are granted a limited revocable license to post an image of your personal avatar and/or screen shot from your account, of your farm for example, within the Service and any other materials that Dreamslair specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site (i) is not commercially competitive to Dreamslair, (ii) does not criticize or injure Dreamslair, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of Dreamslair’s rights and remedies are expressly reserved, and Dreamslair may revoke this limited license, in whole or in part, upon notice.
Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site:
You must a display a prominent link to the Service’s homepage in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in e-mails you are sending friends; and
You agree to include, and not remove or alter, Dreamslair’s trademark, copyright or other proprietary rights notices, as provided by Dreamslair on the Service and within e-mail page(s), when displaying an avatar or images from a Dreamslair game, and you agree to comply with usage guidelines that may be provided by Dreamslair from time to time. You agree that all goodwill that arises in connection with your use of Dreamslair’s trademarks inures exclusively to Dreamslair, and you agree not to challenge Dreamslair’s ownership or control of any Dreamslair trademarks, nor use or adopt any trademarks that might be confusingly similar to such Dreamslair trademarks.
8. Jurisdictional Issues and Export Control Laws
The Service is controlled and operated by Dreamslair from its offices within Italy. Dreamslair makes no representation that Software and other materials available through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Dreamslair Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
9. Termination of Account
Dreamslair has the right to terminate or suspend, and you have the right to cancel, your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with Dreamslair. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Dreamslair Sites or any change in such Content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your account(s) or a particular subscription for a Service by following the procedures made available with the applicable Service. Dreamslair reserves the right to collect fees, surcharges or costs incurred before you cancel your account(s) or a particular subscription. In the event that your account or a particular subscription is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). If your account is terminated or suspended by Dreamslair, Dreamslair shall have the right to terminate or suspend any of your other account(s).
FOR THE PURPOSES OF CLARITY, SUSPENSION OR TERMINATION OF YOUR DREAMSLAIR ACCOUNT(S) OR SUBSCRIPTION(S) SHALL NOT AFFECT YOUR SOCIAL NETWORKING WEBSITE ACCOUNT(S).
10. Links to Third-Party Sites
The links to third party sites appearing on the Dreamslair Sites will let you leave the Dreamslair Sites. These linked sites are not controlled by Dreamslair and may collect date or solicit personal information from you. To the maximum extent permissible by law, Dreamslair is not responsible for such linked sites, Content, business practices or privacy policies, or for the collection, use or disclosure of any information by those sites may collect. Dreamslair provides such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by Dreamslair of such linked sites.
11. Disclaimer of Warranty; Limitation of Liability
To the maximum extent allowed by law, neither Dreamslair nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “Dreamslair Parties “) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Dreamslair Sites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.
YOU EXPRESSLY AGREE THAT THE USE OF THE DREAMSLAIR SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE DREAMSLAIR SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. DREAMSLAIR PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT DREAMSLAIR WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE DREAMSLAIR PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE DREAMSLAIR PARTIES, OR BY YOUR OR ANY OTHER USER’S OWN ERRORS AND/OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE DREAMSLAIR PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE DREAMSLAIR SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DREAMSLAIR IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE DREAMSLAIR PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO DREAMSLAIR OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE DREAMSLAIR PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE DREAMSLAIR SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH DREAMSLAIR. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF DREAMSLAIR AND THE DREAMSLAIR PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. DREAMSLAIR DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE DREAMSLAIR SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE DREAMSLAIR PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE DREAMSLAIR SITES AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE DREAMSLAIR PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.
These Terms of Service are governed by the laws of Italy and you hereby submit to the exclusive jurisdiction of the Italian courts in the city of Bari. Â This shall be without prejudice to the right of Dreamslair to take action at his sole discretion at the Law Court where You are resident, in respect of measures which, according to the applicable law, may not be granted by the Italian Law Court.
Dreamslair may assign these Terms of Service, in whole or in part, at any time.
Dreamslair’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Dreamslair’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Dreamslair with respect to such use.
You agree to indemnify and hold the Dreamslair, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third-party due to or arising out of your use of or conduct on the Services.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and Dreamslair with respect to the Services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Dreamslair with respect to the Services.
You represent that you have not relied on any such communications in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Dreamslair’s failure to enforce at any time any of the provisions of these Terms of Service shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Dreamslair of any provision, condition or requirement of these Terms of Services shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Dreamslair shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Dreamslair. All notices given by you or required under these Terms of Service shall be in writing and addressed to: Dreamslair Srl, via della Resistenza 487B, 70100 Bari (BA), Italy. Dreamslair may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record in Dreamslair’s account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in Dreamslair’s account information.
The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language.