DreamWalk Terms of Use

The DreamWalk website located at www.dreamwalkmobile.com including all linked pages and sub-domains(“Site”) and the DreamWalk application for mobile devices (“Application”) are owned and operated by DreamWalk S.A. (“Company”) and are accessed by you ("User") under the following terms and conditions:

TERMS AND CONDITIONS

Use of the Site or Application by User constitutes User's acceptance of the TERMS AND CONDITIONS. Subject to the terms and conditions of this Agreement, Company may offer to provide services that relate to facilitating the placement of geotags or advertisements and the collection and storage of geotag data by Application Users as described in more detail on the Site, and which is done by User through the process provided on the Site or Application ("Services"). Company may change, suspend or discontinue the Services (or User's access thereto) at any time, including the availability of any feature, advertisement, or information, without notice or liability. Company reserves the right, at its discretion, to refuse to allow access to the Services to any User at any time. Company also reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or any other legal means. Use of the Services by User following such notification constitutes User's acceptance of the modified terms and conditions

TERMS AND CONDITIONS DISCLAIMERS

o User acknowledges and agrees that Company has no special relationship with or fiduciary duty to User and that Company has no control over, and no duty to take any action regarding: which users gains access to the Site or Services; what Content User accesses or receives via the Site or Services; what Content other Users may make available, publish or promote in connection with the Services; what effects any Content may have on User or its users or customers; how User or its users or customers may interpret, view or use the Content; what actions User or its users or customers may take as a result of having been exposed to the Content, or whether Content is being displayed properly in connection with the Services.

o Further, if User is an advertiser, User specifically acknowledges and agrees that Company has no control over any Content that may be placed on the DreamWalk map or made available via the Application, and that User is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to User.

o User releases Company from all liability in any way relating to User's acquisition (or failure to acquire), provision, use or other activity with respect to Content in connection with the Site or Services. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site or Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services..

o THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISING CAMPAIGN, AND USER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

o Electronic Communications Privacy Act Notice (18 USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR THE APPLICATION..

Company will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on its equipment and transmitted on the Site, the application or otherwise connected with User's use of the Site, Application or Services.

REGISTRATION AND SECURITY

As a condition to using Services, User may be required to register with Company and select a password and enter User's email address ("Company User ID"). User shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; (ii) use as a Company User ID a name subject to any rights of a person other than User without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Company password.

INDEMNITY

User will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Application or Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE. THE APPLICATION OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

FEES AND PAYMENT

Some of the Services require payment of fees. Company reserves the right to change its prices and to institute new charges at any time, upon prior notice to User, which may be sent by email or posted on the Site. If User is an advertiser, User shall pre-pay all applicable fees, as described on the Site, in connection with such Services selected by User. If Company does not receive the applicable payment in full from any such advertiser, Company shall have no liability or responsibility to User (and User hereby releases Company) with respect thereto. If User disputes any payment made in connection with the Services, User must notify Company in writing within thirty (30) days of any such payment. Failure to so notify Company shall result in the waiver by User of any claims related to such disputed payment. Payment shall be calculated solely based on records maintained by Company. No other measurements or statistics of any kind shall be accepted by Company or have any effect under this Agreement. Company shall not be liable for any payment based on (i) any fraudulent impressions generated by any person, robot, automated program or similar device or for fraudulent impressions similarly generated on any advertisements or geotags, as reasonably determined by Company; (ii) impressions commingled with a significant number of fraudulent impressions or fraudulent clicks described in (i) above; or (iii) any breach of this Agreement by User. User agrees to pay all applicable taxes or charges imposed by any government entity in connection with User's use of the Services.

PRIZE AUTHENTICITY

If the User is an advertiser, the User warrants that any and all prizes, giveaways and promotions created or advertised using the Site and or Services are authentic and will be honered when redeemed by Users of the Application. Furthermore, the User aknowledges than any false information they give when using the Services relating to prizes, giveaways or promotions is considered fraud.

PROMOTIONS AND GAMING LAWS

If the User is an advertiser, the User warrants that they have obtained any and all applicable licenses and permissions to conduct free giveaway promotions in the GPS locations their prizes are situated. If the User is a mobile Application User, the User warrants that they are of legal age to accept and participate in free giveaway promotions as regulated by their local laws and regulations. User is responsible for all and any gaming and gambling related issues that may result from the use of the Services and will in no way hold Company responsible for any such issues.

TERMINATION

Either party may terminate the Services at any time by notifying the other party by any means. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non-cancelable. Upon termination of the User's account, User's right to use the Services will immediately cease and User will remove all Company code from User's Mobile Properties. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

REPRESENTATIONS AND WARRANTIES

If User is an advertiser, User represents and warrants to Company that (i) User is the owner of each Advertisement or geotag. User designates in connection with the use of Services or that User is legally authorized to act on behalf of the owner of such Advertisement for the purposes of this Agreement, and (ii) User has all necessary right, power and authority to enter into this Agreement and to perform the acts required of User hereunder. User further represents and warrants to Company that each of User's Advertisements and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) are not hate-related, pornographic, arms related or illegal in content and (d) are free from viruses and any other contaminants of any nature whatsoever.