IMPORTANT: DREAM:IN social networks private limited, a private limited company incorporated under the laws of india and having its registered office at DREAM:IN Center, Joseph Chemmanur Hall, 1st Cross, 1st Stage, Indiranagar, Bangalore 560038, India, is the owner of the name ‘DREAM:IN’ and associated domain names and trademarks as used on the site 'www.dreamin.in' ("website"). For the sake of convenience, DREAM:IN and the site are referred to herein as "DREAM:IN". These terms of service ("terms") constitute a binding contract between DREAM:IN and you when you click on the "accept" (or equivalent button) at the end of these terms. Please note that by clicking the "accept" (or equivalent button) button you are deemed to have consented that you have read and understood these terms carefully before accessing or using the website. If you do not agree to these terms you must click the "no" (or equivalent button) button; in any event you must not click the "accept" button if you do not agree to these terms. Your use of the service and specifically, your acceptance of these terms as aforesaid shall be deemed to be a representation from you that you are above 18 years of age, or possess parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms. Headings of clauses are only for convenience and are not intended to be used to interpret the contents thereunder. Please read these terms fully.
1.1. By using, accessing, availing or visiting ("Using") the Website or any DREAM:IN services, software, products, content, and data feeds (collectively the "Service") available thereon or therefrom you are hereby deemed to give your unconditional consent to:
1.2. These Terms also apply to you if you contribute Content to the Service. “Content” includes text, audio, video, images, software, graphics, multimedia, interactive features, and a combination of any one or more of the above and any other materials which you may contribute or which may be available for Use.
2.1. These Terms may be amended at any time by DREAM:IN. All such amendments shall be binding on you effective 24 hours after the amended Terms are made available on the Website. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.
2.2. Although DREAM:IN may attempt to notify you when major changes are made to these Terms, it shall be solely your responsibility to read and understand the most up-to-date version of the Terms on the Website. .
3.2. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DREAM:IN immediately of any breach of security or unauthorized Use of your account. DREAM:IN hereby disclaims any responsibility for Use of the Services by any other person through your account. You shall not Use another person’s DREAM:IN account without that person’s written permission.
3.3. DREAM:IN will not be liable for any loss, damage, injury or any liability, whether in tort, contract or other theory of liability, resulting from any unauthorized Use of your account. However, you shall always be liable for the losses of DREAM:IN or others due to such unauthorized Use.
4.1. Except as expressly provided herein, DREAM:IN does not grant any express or implied permission to Use the Service. In addition to the licenses and restrictions specified in these Terms, you shall also comply with any special terms and conditions in respect of any specific Service.
4.2. DREAM:IN hereby grants you a limited, personal, and revocable license to Use the Service. You shall not have the right to download, transfer or make copies of the Service or Use the Service in any other manner whatsoever, except by attributing the source and ownership of the Service to DREAM:IN.
4.3. In addition, you agree not to Use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Service.
4.4. You shall not Use the Service through any technology or means, including by way of hacking, other than by video playback or such other lawful method as permitted by the Service itself or other explicitly authorized means DREAM:IN may designate from time to time.
4.5. You shall not Use the Service to defame, harass, abuse, threaten or defraud others, or collect or threaten to collect personal information about other Users.
4.6. You shall not Use the Service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others.
4.7. You shall not take any action that would cause DREAM:IN to suffer any type of loss, damage or injury.
4.8. You shall not Use the Service for any commercial purpose unless you obtain DREAM:IN's prior written approval. Such commercial purpose shall include, without limitation:
Provided that the foregoing shall not restrict you from Using the Service to network with other Users in furtherance of your legitimate business interests.
4.9. You agree not to use, deploy or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to DREAM:IN servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DREAM:IN grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. DREAM:IN reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Service with respect to their Content.
4.10. In your Use of the Service, you will comply with all applicable laws.
4.11. DREAM:IN reserves the right to discontinue any aspect of the Service at any time.
4.12. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of DREAM:IN or the respective licensors of the Content. DREAM:IN and its licensors reserve all rights not expressly granted in and to the Service and the Content.
4.13. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict Use or copying of any Content or enforce limitations on Use of the Service or the Content therein.
4.14. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that DREAM:IN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DREAM:IN with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless DREAM:IN, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your Use of the Service.
5.1. As a DREAM:IN account holder you may submit Content to the Service, including videos and User comments. You understand that DREAM:IN does not guarantee any confidentiality with respect to any Content you submit.
5.2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that the Content you submit is original to you and not wholly or partly copied or derived from third party content.
5.3. In consideration of availing of the Service, and more particularly, in consideration of using DREAM:IN’s proprietary methodologies in the course of generating the Content, you are hereby deemed to have assigned in favour of DREAM:IN or its designate, all right, title and interest, including all copyright, in and to such Content. The foregoing assignment shall be perpetual, irrevocable, worldwide and without any limitation whatsoever, including but not limited to limitations related to time and territory. You are hereby deemed to have waived any moral rights you may have in the Content, including but not limited to rights of paternity, integrity, and withdrawal. For the foregoing purpose, you are hereby deemed to constitute DREAM:IN your irrevocable attorney to do all acts, deeds and things to give effect to the foregoing assignment.
5.4. In the event the foregoing assignment cannot be given effect to, you are deemed hereby to grant in favor of DREAM:IN or its designate, a worldwide, perpetual, exclusive, royalty-free, sub-licenseable and transferable license to use the Content as though DREAM:IN were the absolute owner of the Content, including but not limited to, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and DREAM:IN's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Pursuant to the foregoing, you are deemed to not have any rights to alter, remove or restrict access to any Content, without the prior written permission of DREAM:IN.
5.5. You further agree that any Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant DREAM:IN all of the license rights granted herein.
5.6. You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
5.7. DREAM:IN does not endorse any Content submitted to the Service, or any opinion, recommendation, or advice expressed therein, and DREAM:IN expressly disclaims any and all liability, including criminal liability, in connection with Content. DREAM:IN does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and DREAM:IN will remove all Content if properly notified that such Content infringes on another's intellectual property rights. DREAM:IN reserves the right to remove Content without prior notice.
6.1. DREAM:IN reserves the right to terminate these Terms, including the foregoing licenses, without notice and without liability to you, on becoming aware that you have violated these Terms or any other guidelines, policies and rules published in respect of the Service.
6.2. DREAM:IN at its sole discretion may terminate these Terms and revoke the foregoing licenses license at any time for any reason without prior notice or liability to you.
6.3. DREAM:IN may block, restrict, disable, suspend or terminate your access to all or part of the Service at any time in DREAM:IN’s discretion, without prior notice or liability to you.
6.4. DREAM:IN reserves the right to decide whether the Service or any portion thereof, including any Content submitted by you, violates these Terms and applicable law for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length, or any other reason it may so deem fit in its sole discretion. DREAM:IN may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a User's account for submitting such material in violation of these Terms.
7.1. Without prejudice to these Terms, DREAM:IN may require you to specifically abide by a copyright policy in relation to any Content alleged to infringe the copyright of a third party.
8.1. You expressly agree that use of the service is at your sole risk. The service and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the service are provided on an “as is” and “as available, ” “with all faults” basis and without warranties or representations of any kind either express or implied. DREAM:IN and their respective third party suppliers, licensors, and partners do not warrant that the data, software, functions, or any other information offered on or through the service or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
8.2. DREAM:IN and their respective third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the service or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
8.3. You understand and agree that if you use, access, download, or otherwise obtain information, materials, or data through the service or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and/or other device) or loss of data that results from the download or use of such material or data.
9.1. In no event will DREAM:IN, or their respective contractors, agents, licensors, partners, or suppliers be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the service or any reference site, (iii) your use or inability to use the service (including any and all materials) or any reference sites, or (iv) any other interactions with another user in connection with the service, even if DREAM:IN has been advised of the possibility of such damages.
9.2. You acknowledge and agree that you have entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and DREAM:IN, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and DREAM:IN. DREAM:IN would not be able to provide the service to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, dream:in and their respective contractors, agents, licensors, partners and suppliers’ liability will be limited to the fullest extent permitted by applicable law.
9.3. You specifically acknowledge that DREAM:IN shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
9.4. The Service is controlled and offered by DREAM:IN from its facilities in India. DREAM:IN makes no representations that the Service is appropriate or available for Use in other locations. Those who access or Use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10.1. You shall defend, indemnify and hold harmless DREAM:IN, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, proceedings, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your Use of the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your Use of the Service.
11.1. These Terms are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict-of-laws provisions.
11.2. Disputes, if any, shall be attempted to be resolved amicably for seven (07) days. Unresolved disputes shall be referred to an independent, sole arbitrator in Bangalore appointed by DREAM:IN in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the Courts in Bangalore Urban District. Provided that nothing in the foregoing shall limit DREAM:IN’s right to seek injunctive and other interim relief against you in any other forum having jurisdiction.
12.1. Notices: Any notice required to be given to DREAM:IN under this Agreement shall be sent by registered mail or recognized courier to the address first set out above and marked to the attention of the DREAM:IN Grievance Manager
12.2. Force Majeure: If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under this Agreement despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event. A Force Majeure Event shall not affect any payment obligations of the parties unless there is legal bar / embargo to the making of the payments.
12.3. Severability: Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question shall continue in full force and effect.
12.4. No Waiver or Election: No failure to exercise and no delay in exercising on the part of any of the parties hereto any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
12.5. Assignment: The right to use the Service is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity.
12.6. Third Party Benefits: Nothing in these Terms shall be deemed to confer any third-party rights or benefits.