Last updated: October 1, 2024
These Terms of Service represent a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and The Awesome Company SAS ("Company," "we," "us," or "our") regarding your access to and use of the Dreams App as well as any other related media, media channel, mobile website, or mobile application connected to this service (collectively, the "App"). By accessing the App, you confirm you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM USING THE APP AND MUST DISCONTINUE USE IMMEDIATELY.
Unless otherwise specified, the App, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of France, the European Union, the United States, and international conventions.
By using the App, you represent and warrant that:
You may not access or use the App for any purpose other than for which we make the App available. The App may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the App, you agree not to:
The App may allow you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App, including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, "Contributions"). Contributions may be viewable by other users of the App and through third-party websites. Therefore, any Contributions you transmit may be treated as non-confidential and non-proprietary.
By posting your Contributions to any part of the App, you automatically grant, and you represent and warrant that you have the right to grant, to The Awesome Company SAS an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
Use License If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. You shall not:
Apple Devices The following terms apply when you use the App obtained from the Apple Store (the "App Distributor") to access the Services: The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS operating system and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service. We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license or as otherwise required under applicable law, and you acknowledge that the App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. You must comply with applicable third-party terms of agreement when using the App. You acknowledge and agree that the App Distributor is a third-party beneficiary of the terms and conditions in this mobile application license contained in these Terms of Service, and that the App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.
The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Currently, we do not allow advertisers to display advertisements on our Services. However, this policy may change in the future. If we decide to introduce advertising, it would be in certain areas of the Services, such as sidebar advertisements or banner advertisements. In such a case, we would simply provide the space to place advertisements, without having any other relationship with advertisers. We will update these Terms of Service accordingly if our advertising policy changes.
We reserve the right, but not the obligation, to:
Monitor the App for violations of these Terms of Service;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
Otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
We care about data privacy and security. Please review our Privacy Policy, which explains how we collect, use, and share your data. By using the App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the App is hosted in France. If you access the App from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in France, you are transferring your data to France and agree to have your data transferred to and processed in France.
These Terms of Service shall remain in full force and effect while you use the App. The Awesome Company SAS reserves the right, in our sole discretion and without notice or liability, to deny access to and use of the App (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the App or delete your account and any content or information you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, The Awesome Company SAS reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App. We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms of Service will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
These Terms shall be governed by and defined following the laws of France. The Awesome Company SAS and yourself agree that any disputes that may arise shall be resolved exclusively by the competent courts located in Paris, France.
In the event of any disputes arising out of or relating to these Terms of Service, the use of the App, or any transactions made through the App, you agree to first attempt to resolve the dispute informally by contacting us at contact@awesomecompany.fr. We will attempt to resolve the dispute amicably within 30 days of receiving your communication. If the dispute cannot be resolved informally, you agree that it shall be submitted to the exclusive jurisdiction of the courts of Paris, France. For users in the European Union, the European Commission provides an online dispute resolution (ODR) platform that you can access here: https://ec.europa.eu/consumers/odr/.
There may be information on the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.