Terms of Use

Last updated on - 10 June 2024

Welcome to Dream Story and Dream Story Live by The Master Storytellers LLC (“Company,” “we”, “us” or “our”). The Terms and Conditions (“Terms”) govern the use of our website and our mobile Dream Story Live Application (“Services”). By accessing or using our Services, you, (“User” or “you”) agree to be bound by these Terms. By entering, connecting to, subscribing to, accessing or using our Services and/or by setting up an Account, you acknowledge that you have read and understood these Terms, including the terms of our Privacy Policy (the “Privacy Policy”), which is incorporated into these Terms, and you agree to be bound by the Terms and Privacy Policy and to comply with all applicable laws and regulations regarding your use of our Services and acknowledge that these Terms constitute a binding and enforceable legal contract between Company and yourself. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THEN DO NOT ACCESS OR USE OUR SERVICES.

1. License to User

Subject to these Terms and the Privacy Policy, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right and license to access and use our Services for your personal, non-commercial use. The Company may terminate this license, without notice to you, in the event you fail to comply with these Terms or the Privacy Policy as determined by us in our sole discretion. Upon any termination of the license, you must immediately cease accessing and using our Services and Company will terminate your Account.

2. User Accounts

Registration

To use certain features of our Services , you must register for an account (“Account”). You agree to provide accurate and complete information during registration or requested from time to time in our sole discretion and to keep your Account information updated.

Account Security

You are solely responsible for all activity on or related to your Account, your User Content, and for the security of your computer, mobile device, and any other device that you use to access the Services. You should not reveal your Account password to other users or permit others to access your Account. All acts performed using your Account (including User Content) shall be deemed to be your acts. Please notify us immediately of any changes to your Account information or any unauthorized use of your account. Under no circumstances shall the Company be liable to you for any loss you incur, including from the loss of your User Content, from your loss of any Account information, unauthorized access or use of your Account and/or from harmful or malicious code.

Termination

You can terminate your Account and/or cease accessing and using our Services at any time by following the procedures contained in our website and Application. You understand and agree that unless otherwise expressly provided for in these Terms, terminating your Account and ceasing access and use of our Services are your sole right and remedy with respect to any dispute with us. Without limiting any other remedies, we may suspend or terminate, with or without notice, your Account and your access to and use of our Services (or any portion of any of those things, including any User Data and User Content) at any time if you are, or we suspect that you are, failing to comply with these Terms or the Privacy Policy. We reserve the right to stop offering and/or supporting our Services at any time for any valid commercial reason, at which time your license to access and use our Services will automatically be terminated without further action.

3. Platform Usage

Personal Journaling

The Dream Story Live Application allows you to create and manage personal journal entries based on a unique 360 page/day spiraling structure. You retain sole and exclusive ownership of all journal entries, notes, and other content (“User Content”) you submit through the application. Company will not bear any liability for any loss, damage, cost, or expense suffered or incurred as a result of or in connection with User Content, including loss of the User Content. While Company has taken means to keep User Content confidential, Company cannot guarantee that any User Content will be kept confidential. You are solely responsible for the accuracy and completeness of all User Content. You undertake that you have (and will continue to have at all times) all the necessary licenses, rights, consents, and permissions necessary for you to upload to us and for us to display on our Services such User Content and that such User Content does not infringe any third party's intellectual property rights or other rights, including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights.

Community Participation

Users can participate in shared dreams and interact with other users. You agree to use the community features responsibly and in compliance with these Terms or the Privacy Policy and to respect the rights of other users.

Content Guidelines

You are solely responsible for your User Content. You agree not to submit content that is illegal, offensive, or violates the rights of others. We reserve the right to remove any content that violates these guidelines.

License to Company:

By submitting User Content, you grant Company a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to host, use, store, and display User Content for the purpose of providing and improving our website and Application’s services.

4. Subscription Services

Free and Paid Features

Company offers both free and paid subscription options. Paid subscribers have access to additional features, such as AI-powered writing tools, voice-to-text functionality, and enhanced community interactions.

Payment and Renewal

If you choose to subscribe to a paid plan, you agree to provide accurate payment information and authorize us to charge your payment method. Subscriptions automatically renew unless cancelled before the renewal date. The Company, in its sole and absolute discretion, may, from time to time, modify, amend, or supplement the terms and billing methods relating to any applicable fees and/or charges, and post those changes in our Services. Such modifications, amendments or supplements shall be effective immediately upon posting in our website and Application, though we will use reasonable efforts to try to post notice of any changes. If any change to such fees or charges is unacceptable to you, your sole remedy is to cancel your Account and cease using our Services. If applicable, all fees and charges are non-refundable unless expressly provided otherwise in these Terms or pursuant to applicable law.

Cancellation and Refund Policy

Once you have paid the fee for any subscription plan, you may cancel the subscription at any time. However, Company will not refund or issue any written receipts for any fees or charges you pay in connection with our Services. Your subscription will remain active until the next expiry date, after which it will not renew and your access to paid features will be terminated.

Right to Block or Delete Accounts

We reserve the right to suspend or delete any user account to the Applications, including subscribed users, with or without cause, and with or without notice. Upon termination, your right to use our website and Application will immediately cease.

AI-Powered Features

As part of the premium subscription, Company provides AI-powered tools, including the "Rewrite with AI" feature. By using these tools, you acknowledge that the content you submit may be processed by AI to provide you with rewritten text or suggestions. You retain ownership of your original User Content and any AI-generated modifications.

5. Intellectual Property

Ownership

Company shall retain exclusive right, title and interest (including all intellectual property rights) in and to the website and Application, all materials that are part of the website and Application (including past, present, and future versions) (excluding User Content), including, without limitation: art, icons, graphics, layout, text, images, audio and/or video, designs, features, advertisements, logos, domain names, trade names and marks, and service marks, any and all copyrightable material, the “look and feel”, the compilation, assembly and arrangement of the materials of the Services, and all other materials or content made available in the Services (collectively, “Company Content”). All Company Content is protected from unauthorized use, copying, and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. We only grant the licenses expressly set forth in these Terms to you. No other licenses are granted under these Terms, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these Terms is intended to, nor will these Terms, transfer any of the right, title, or interest (including any intellectual property right) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneously held or deemed to be the owner of any such rights, you will assign, and hereby irrevocably assign, to the Company or its licensors, as the case may be, all such rights as of the effective date of these Terms, and will execute all documents to implement and confirm the terms and intent of this Section or designate the Company as your power of attorney to solely to effectuate such assignment. You agree not to reproduce, modify, or distribute any portion of the Company Content without our prior written consent.

6. Disclaimers and Limitation of Liability

No Warranty

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES THAT RESULT (DIRECTLY OR INDIRECTLY) FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU..

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL COMPANY’S OR ANY OF COMPANY'S AFFILIATE’S LIABILITY TO YOU IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE SERVICES EXCEED THE HIGHER OF USD$100 OR THE AMOUNT ACTUALLY PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES OVER THE COURSE OF THE MOST RECENT SUBSCRIPTION. FURTHERMORE, IN NO CASE SHALL THE COMPANY OR THE COMPANY AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF THE SERVICES, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION OR THE LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICES OFFERED THROUGH THE SERVICES 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.

Injunctive Relief

You acknowledge that the rights granted, and obligations made, under these Terms to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and cannot be replaced by monetary damages alone. To account for the inability of monetary damages to make the Company whole, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach of by you. To the fullest extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

7. Indemnification

You agree to indemnify and hold harmless Company, its licensors, suppliers, partners, affiliates and its and its affiliates’ respective employees, officers, directors and agents (collectively, “Company Affiliates”) from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees and costs, from third parties arising from use of our Services, User Content and activity.

8. Governing Law and Dispute Resolution

The laws of the State of New Mexico and the United States of America, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with these Terms, the Privacy Policy, and/or your access and use of the Services .

9. Changes to These Terms

We reserve the right to update these terms at any time. If we make changes, we will notify you be revising the “Effective Date” at the top of these Terms or by other appropriate means. Your continued use of the Application after any such changes constitutes your acceptance of the new terms.

10. Prohibited Activities

You agree not to engage in any of the following:

Post, transmit, promote, distribute or provide links to illegal content;
Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another user;
Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable;
Infringe upon the intellectual property rights of the Company or any third party;
Alter, delete or cancel any other user’s profile information or User Content;
Disrupt the flow communication areas within the Services with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting, using ALL CAPS in an attempt to disturb other users, 'spamming' or flooding or posting repetitive text;
Impersonate another person, indicate that you are a Company Affiliate, or attempt to mislead users by indicating that you represent Company or any Company Affiliate;
Use any robot, spider, scraper, or other automated means (other than in accordance with these Terms and any Additional Terms) to access the Services for any purpose without our express written permission or bypass measures we may use to prevent or restrict access to the Services;
Attempt to get a user ID, password, or other user information, or any other private information from a user;
Upload any content, including User Content that you do not own or have the right to use and/or license to the Company in accordance with these Terms;
Engage in or promote or encourage any illegal or fraudulent activity including hacking, cracking or distribution of counterfeit software, or identity theft;
Upload User Content or display URLs that contain harmful or malicious code or corrupted data;
Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, direct marketing, multi-level marketing programs and pyramid schemes;
Make any unapproved commercial use of the Services;
Improperly use support or complaint buttons or make false reports to Company;
Use or distribute 'auto' software programs, 'macro' software programs or other 'cheat utility' software program or applications;
Modify, reproduce, distribute, delete or create derivative works of the Services, Company Content or any other users’ User Content displayed in the Services, or any component of such data or information;
Solicit or attempt to solicit, and post, distribute or communicate any user’s personal information;
Interfere with, hack into or decipher any transmissions to or from the servers running the Services;
Exploit any bug in the Services or in any Company product to exploit it for commercial purposes. You agree not to communicate the existence of any such bug (either directly or through the public posting) to any other user or third party but will use reasonable efforts to report to us;
Do anything that interferes with the ability of other users to enjoy the Services or that materially increases the expense or difficulty of Company in maintaining the Services for the enjoyment of all its users;
Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms, including, without limitation, gain unauthorized access to any Company Content and other users’ User Content;
Use the Services in violation of these Terms, the Privacy Policy, or any applicable laws, rules or regulations, or do anything that promotes the violation of any applicable laws, rules or regulations;
Engage in any other conduct which the Company, in its sole and absolute discretion, deems to violate these Terms.

11. Miscellaneous

If any provision of these Terms or the Privacy Policy is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms and/or Privacy Policy will remain in full force and effect. These Terms and the Privacy Policy constitute the entire agreement between us with respect to the subject matter of these Terms and Privacy Policy and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company. The failure of either party to assert any right under these Terms shall not be considered a waiver of that party's right and the Terms will remain in full force and effect. In addition, these Terms and the Privacy Policy, including the Company’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any third party, except to Company Affiliates as set forth in Section 7 (Indemnification). You are not allowed to assign these Terms or any rights under these Terms. The Company is allowed at its sole discretion to assign these Terms or any rights under these Terms to any third party, without giving prior notice to you. Our licensors may be entitled to enforce these Terms. There are no other third party beneficiaries to these Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at: support@themasterstorytellers.com