KLEA, Inc. Terms of Use Agreement (“Agreement”)

 

Effective Date: January 3, 2012

 

This website (the "website"), iDreamofU.com, is operated by KLEA, Inc. (“KLEA,” “we,” “our’” or “us”). The “Terms of Use” set forth below are binding on all users of this website. Read the Terms of Use carefully. By accessing or using our website and services, including applications, you agree to be bound by these Terms of Use. These Terms of Use are binding on all visitors to and users of iDreamofU, whether or not the acceptance of terms button has been clicked. KLEA may change the Terms of Use at any time at its discretion.

 

1) Acceptance of Terms:

a) This Agreement is an electronic agreement that sets out the legally binding Terms of Use of the iDreamofU website, applications (Applications”), and membership services ("Services"). Each time you visit the website, or use the iDreamofU Service and Applications, you agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, you must discontinue using the site and terminate your membership.

 

b) Electronic Form:

This Agreement is an electronic contract that sets out the legally binding Terms of Use of the website, Applications, Services and your membership in iDreamofU (“Membership”). By visiting the website, accessing iDreamofU Applications, Services, or becoming a member of iDreamofU, you consent to be bound by this Agreement in an electronic form.

 

c) Non-Electronic:

You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of the Agreement. Please contact customer support online or send a letter with your request to KLEA, Inc., 4629 Cass Street, Suite 54, San Diego, CA 92109

 

2) Eligibility for Use of iDreamofU website, Application and Services:

Before using the iDreamofU website, Application and Services you agree that:

-You are over the age of 18

-You have never been convicted of a felony or any criminal offense characterized as a sexual offense

-You will not contact anyone under the age of 18

-You are solely liable and responsible for your interaction with other members

-You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement

Membership in this Service and use of Applications are void where prohibited.

 

3) Member Registration and Account Use

a) You can register as a “Member” of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. To access additional services and features, including the ability to communicate with others within and outside the site, you must become a paying subscriber (“Subscriber”). Current subscription terms and prices are offered on the website.

 

b) By registering and/or becoming a Member you agree that you are providing true, accurate and current information about yourself when prompted at registration and that this information will be updated when changes occur.

 

4) Member Account: When registering, you will create a user name and an associated password. Your user name will be unique to you and will not be one used by someone else, is not offensive, will not infringe on the proprietary rights of others, and will not violate the KLEA Terms of Use. You will not include any telephone numbers, addresses, last names, URLs, multimedia or artworks downloaded from external sources, or email addresses in any of your postings on the website or communications with any other Member or website user.

 

5) Account Security: You understand that it is your responsibility to maintain the confidentiality of your account's username and password. You are fully responsible for all activities that occur under your username and password, including the purchase of any of our paid Services, acknowledging that KLEA is not responsible for any loss or damage arising from the theft or misappropriation of your username or password.

a) You agree to notify KLEA throu iDreamofU's Customer Support immediately if there is any unauthorized use of your account's username and password.

b) You may not use anyone else's account at any time.

 

6) Account Exclusivity:

You will use the Services for your sole, personal use, as the website and Applications may not be used in connection with any commercial endeavors. Organizations, companies, and businesses cannot become Members and may not use the Services or Applications for any purpose.

a) No Commercial Advertising or Solicitation:

You will not use any information obtained from the website, Services or Applications to contact, advertise to, solicit or sell to any Member, Subscriber or website user for any commercial purposes whatsoever. You will not buy or sell any products or services through the use of the Services. You will not transmit any spam, junk mail, or chain letters to any Member, Subscriber or website user.

 

7) Member Interactions with Other Members:

You agree to be solely responsible for your interactions with other Members and you understand that KLEA and iDreamofU.com do not screen Members or do background inquiries, including criminal screenings, of its Members. KLEA makes no representation or warranty as to the conduct of its Members or their compatibility. You agree to read and review the Online Dating Safety Tips provided on the Site prior to using the services. These tips provide cautionary information that includes, but is not limited to, not providing your last name, home address, work location, and financial information.

 

8) User Unapproved Activities:

KLEA is not responsible or liable for your behavior and reserves the right to investigate and/or terminate your Membership if you have misused the Service, or you have behaved in a way which could be regarded as inappropriate or illegal.

You agree not to do any of the following with regard to the service:

-intimidate, harass, or stalk any other user of the Service

-impersonate any person or entity

-misrepresent your age or identity

-misrepresent your affiliation, connection, or association with any person or entity

-defraud, swindle, or deceive other users of the Services

-disseminate another person's personal information without his or her permission

-use any automated devices to catalog, download, store, reproduce, or distribute content available on the website or Applications

-use the Service for any pfishing, trolling, or similar activities

-interfere with, interrup, destroy or limit the functionality of the website or Applications

-make any commercial use of the Services or promote or request involvement in or support of a political platform, religion, or cult

-attempt to gain unauthorized access to the Services or Applications through hacking, password mining or other means

-engage in advertising to, or solicitation of, other Members to buy or sell products/services through the Services

-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.

 

9) Subscription and Dream Dollar Purchases; Charges on Your Online Account (“Billing Account”):

a) General: KLEA bills you through an online account, your Billing Account, for the use of the Service. You agree to pay KLEA all charges at the prices then in effect for your use of the Services using your Billing Account, and any applicable taxes, and you authorize KLEA to charge your chosen payment provider, your “Payment Method”, for the Service. You agree to make payment using the selected Payment Method. If we do not receive payment from your payment provider, you agree to directly pay all amounts due upon demand from us, plus any cost of collection and reasonable attorneys’ fees.  KLEA reserves the right to correct any billing errors or mistakes that it makes even if we have already requested or received payment.

 

b) Current information: Current information is required for your Billing Account. Information must be complete, current, and accurate and must be promptly changed if your payment method changes.

 

c) Service subscription purchases are non-refundable and non-transferable: All prices are in US Dollars and do not include any internet connection charges. There are no refunds or credits for any partially used subscription periods except when required by applicable law or at KLEA’s absolute discretion. Fees for the Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Services. All prices for Services are subject to change without prior notice.

 

d) Change in Amount Authorized: If the amount to be charged to your Billing Account varies from the current rate set forth in your initial offer due to an increase in current subscription rates (other than any changes resulting from state taxes), KLEA shall provide notice of the amount to be charged and the date of charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Provider will govern your use of your Payment Method.

 

e) CANCELLATION RIGHTS: You have a one-time right to cancel your subscription without obligation within 3 business days after the date you become a Subscriber. The date of your subscription is the date you sign up for the subscription through our Services. If the State or jurisdiction where you reside provides for a longer cancellation period, the rules of that State or jurisdiction shall control.

 

f) Auto-Renewals: Access to the service requires a subscription for membership and may have an initial period where you can use the Services for free, followed by recurring period charges as agreed to by you. Your subscription Services will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. Services can be terminated by you, in accordance with 9i(i) below.

 

g) Purchase of Dream Dollars: Dream Dollars are a one-time purchased item and:

-are non-refundable and non-transferable.

- your “Billing Account” information and “Payment Method” will be the same as for subscriptions.

- there are no auto-renewals associated with this item.

-Dream Dollar credits will expire when you terminate/unsubscribe from your account.

-there are no cancellation rights associated with the purchase of this item.

 

h) Non-Termination: By continued use or non-termination of the Services, you have confirmed that KLEA is authorized to charge your Payment Method. KLEA will submit regularly occurring charges for payment to your payment provider and you will be responsible for payment.

 

i) Termination:

 

                                 i.            By You: Terminate your subscription at any time by going to Feedback/Help and requesting termination through Customer Support. If you terminate your subscription, you may use your subscription until the end of your then-current subscription term, but your subscription will not be renewed after your then-current term expires. There are no prorated refunds for any portion of the subscription fee paid for the then-current subscription period. If you terminate prior to the end of a subscription period and are inadvertently charged for the next subscription period, contact Feedback/Help for resolution of charges.

 

                               ii.            By KLEA: We reserve the right to terminate Services for cause, including breach of this Agreement, inappropriate conduct or content as assessed in the sole discretion of KLEA, or because of third party complaints. A decision to terminate by KLEA shall be final and binding. You agree that all fees paid to KLEA by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.

 

10) Free Trials and Promotions: A free trial or promotion that provides subscriber access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee for subsequent periods. There will only be one free trial per person unless otherwise stated by KLEA.

 

11) Mobile Services: Mobile devices may be used to access features of the Services. Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, as well as any additional terms presented to you for your acceptance when you sign up to use KLEA’s Mobile Services. By using Mobile Services, your carrier’s normal rates and fees, such as standard message and data rates, apply and you are solely responsible for these fees.

 

12) KLEA reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (in part or totally) with or without notice. KLEA will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

 

13) Privacy: Use of our Website and/or the Service is governed by our Privacy Policy, which is incorporated herein and made a part of these Terms of Use.

 

14) Copyright: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information on the Services without obtaining the prior written consent of the owner of such proprietary rights. The Services contain the copyrighted material and other proprietary information of KLEA and its licensors or users including the iDreamofU logo and all designs, text, graphics, pictures, video, information, data, software, other files and the selection and arrangement thereof. You are granted a limited, non-sublicensable license to access and use the Services and our proprietary materials, subject to the terms and conditions of this Agreement. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the trademark, service mark, and/or trade dress of iDreamofU and KLEA, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any use of the Services, copyright materials, or proprietary information other than as specifically authorized herein, without the express written consent of KLEA, is strictly prohibited and will violated and terminate the license granted herein. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

KLEA claims no ownership or control over any content you post or disseminate through the Service or on the website, except as otherwise provided herein. By submitting or posting your content, you automatically grant to KLEA an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce,  adapt, modify and distribute such content.

 

15) Copyright and Digital Millennium Copyright Act (DMCA) Notice: KLEA has registered an agent with the United States Copyright Office in accordance with the DMCA and avails itself under the protection of the Act.  If you are a copyright owner or an agent thereof and believe that anything on the site infringes upon your copyrights, you can submit a written notification of infringement pursuant to the DCMA by providing our Copyright Agent with the following information:

-a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

-a description of the copyrighted work(s) claimed to be infringed

-a description of where the material you claim to be infringing is located on the iDreamofU website

-your address, telephone number and email

-a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

-a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

KLEA’s Copyright Agent for notice of claims of copyright infringement can be reached at: KLEA, Inc., 4629 Cass Street, Suite 54, San Diego, CA  92109

 

16) Links: The website and Services may provide, or third parties may provide, links to other websites or resources. Such sites and resources are not under the control of KLEA and KLEA is not responsible or liable for the content, advertising, products or other materials available on these sites or through these resources. Once you leave the KLEA website or Services through a link, our terms and policies no longer govern.

 

17) Advertisers and Third Party Content: The website and Services may contain advertisements and promotions from third parties or may provide information about or links to third party services or products. Your business or communication with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. KLEA is not responsible for, and does not endorse, any features, content, advertising, products, services, or other materials on or available from third parties. You agree that KLEA shall not be responsible or liable, directly or indirectly, for any loss or damage incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party promotions or information on the Services.

 

18) Disclaimers: KLEA is not responsible for incorrect or inaccurate content posted on the website or in connection with the Services, whether caused by KLEA, users of the website, Members, or by any of the equipment or programming associated with or utilized in the Services. KLEA provides the website, the proprietary materials and the Services on an “as is” and “as available” basis. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KLEA DOES NOT REPRESENT AND WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, AND/OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THE SERVICE IS VIRUS-FREE.

-KLEA is not responsible for interactions with other Members whether online or offline.

-KLEA does not in any way screen its Members or inquire into the backgrounds of its Members or attempt to verify the statements of its Members.

-KLEA makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members.

-KLEA WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, EITHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOURSELF OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICE OR PEOPLE YOU MEET THROUGH THE SERVICE.

- You will take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person.

-You agree to review KLEA’s Online Dating Safety Tips prior to using the Service.

-KLEA MAKES NO EXPRESS OR IMPLIED GUARANTEES REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICES.

-KLEA DOES NOT GUARANTEE THE ACCURACY OR USEFULNESS OF ANY INFORMATION ON THE SERVICES. KLEA WILL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR HARM OF ANY KIND AS A RESULT OF RELIANCE OF CONTENT POSTED ON THE SERVICES.

 

19) LIMITATION ON LIABILITY: IN NO EVENT WILL KLEA BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE SERVICES, EVEN IF KLEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED. KLEA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KLEA FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

 

 

20) Indemnity by You: You understand that you are personally responsible for your behavior while using iDreamofU Services and Applications and agree to hold KLEA and its affiliates, business partners along with their respective officers, directors, employees, and agents harmless against any loss, damage, liability, cost or expense of any kind (including attorneys’ fees) that we may incur arising out of or related to your use of the KLEA Services or website access, or your violation of either these Terms of Use, applicable law or the rights of any third party. You are solely responsible for your own interactions with any persons you interact with whom you met through the iDreamofU Services and Applications. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE KLEA FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO THE USE OF IDREAMOFU SERVICES AND APPLICATIONS.

 

If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

21) Our goal is to resolve any dispute amicably and quickly and we encourage you to contact us and explain your complaint prior to initiating any legal action.  You agree that any dispute arising from this Agreement or involving the Services will be governed by the laws of the State of California, without giving effect to any conflict of laws provision that may provide for the laws of another jurisdiction.  You and KLEA agree to submit to the sole and exclusive jurisdiction of, and agree that venue is proper in, the state courts located in San Diego, California, and the federal courts located in the Southern District of California in such legal action or proceeding. Any cause of action you may have with respect to KLEA, the website, or the Services must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

 

22) Acceptance of Agreement: When clicking the “I Accept” button on the website, you agree that this is the entire agreement between you and KLEA, Inc. regarding the use of the website and Services. If any portion of the Agreement is not valid, the remainder of the Agreement will be in full force and effect. Except as provided, there are no third party beneficiaries to this Agreement.  All terms that by their nature may survive termination of the Agreement shall be deemed to survive such termination. This Terms of Use Agreement is the entire agreement between you and KLEA.