Section Links: 1.Service Conditions, 2. License, 3. Account, 4. Incentives, 5. Prohibited Incentives, 6. Digital Files, 7. Prohibited Digital Files, 8. Prohibited Dreams, 9. Innovators, 10. Sponsors, 11. No Refunds, 12. Content on the Services, 13. Use Restrictions, 14. Fees; Dream Options, 15. Payment, 16. Taxes, 17. Termination, Restriction and Suspension, 18. Disclaimer of Warranties, 19. Waiver of Claims, 20. Limitation of Liability, 21. Indemnification, 22. Survival 23. Notification and Communication By Us, 24. Severability, 25. Assignment, 26. Entire Agreement; Modification, 27. Governing Law; English Language, 28. Compliance, 29. Dispute Resolution, 30. User Disputes, 31. Export Compliance, 32. Cooperation with Authorities and Police Enforcement, 33. No Professional Advice, 34. Feedback


 

Terms of Service

Effective as of February 22nd, 2017

Welcome to www.dreams.build (the “Website”). Please read these Terms of Service (“Terms”) carefully, as they create legal obligations. Application Hope LLC (“dreams.build”, “us”, “we”, or “our”) is the owner and operator of the Website. We provide an online crowdfunding venue for people and entities seeking to raise funds (“Innovator(s)”) for their own fundraising campaigns related to a project (“Dream(s)”) and for people to contribute (“Sponsor(s)”) monetary funds (“Donation(s)”) to the Innovators, as well as other related services (together with the Website, the “Services”). By accessing or using the Services, including viewing or using any feature available through the Website, Innovators, Sponsors, and all other end users of the Services (herein referred to as “User(s), “you”, or “your”), expressly agree to be bound to and to abide by these Terms, the Privacy Policy, and any other policy we may develop from time to time (collectively, “Policies”), which create legal and enforceable agreements whether or not you register for a user account (an “Account”) with us, make Donations, become Innovators. Also, certain functions may allow a User to or transmit, send, receive, link, email, post, submit, or otherwise communicate (collectively referred to as “Transmit”): text, data, descriptions, links, sound, images, submissions, documents, messages, comments, photographs, graphics, video, audio, information, or any other material or input (“Content”) using the Services to us or to other Users. If you do not agree to be bound to or to abide by these Terms and the other Policies, do not browse the Website or use the Services.

1. Service Conditions.

 

You cannot not use the Services unless you have at least reached the age necessary to have legal capacity to enter a contract in your jurisdiction (e.g. 18 years of age in Virginia, USA). If you are under that age, you may use the Services only with the consent and supervision of your parent or legal guardian who has legal capacity to enter a contract in the state and country where you reside, provided that your parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for your use of the Services. By accessing the Website and/or using the Services, you represent and warrant to us that you: have the right, authority and capacity to agree to, and abide by these Terms and the Policies; and you are not currently restricted from using the Services. We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend a Dream at any time for any reason without liability.

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2. License

 

We grant you a personal, non-transferable, non-assignable, revocable, limited and temporary license to use and access to the Services and the Content hereon subject to these Terms. This license is ongoing and continues until your license or ability to use the Services is terminated or restricted by us or you.

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3. Account

 

We grant you a personal, non-transferable, non-assignable, revocable, limited and temporary license to use and access to the Services and the Content hereon subject to these Terms. This license is ongoing and continues until your license or ability to use the Services is terminated or restricted by us or you.

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4. Incentives

 

Innovators can offer gifts in the form of tangible items or intangible services (collectively, “Incentives”) to Sponsors. Incentives are not offered for sale. Due to the fact that we are a venue connecting Innovators and Sponsors, dreams.build does not represent that Innovators will deliver Incentives or that Donations will be used as described in the Dream. dreams.build makes no representations about the quality, safety, morality or legality of any Dream, Incentive or Donation or the truth or accuracy of Content Transmitted on the Services relating to Incentives or otherwise. Users use the Services at their own risk.

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5. Prohibited Incentives

 

Innovators are not permitted to offer or provide any of the following as an Incentive: (a) any form of capital, equity or other similar ownership interest in a company or venture; (b) any form of financial incentive; (c) alcohol or any other controlled substance; (d) drug paraphernalia; (e) weapons, ammunition, and related accessories; (f) any form of lottery or gambling; (g) items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or (h) any item (i) prohibited by applicable law to possess or distribute, (ii) that would cause you to violate applicable law if you were to distribute it, or (iii) that would cause you to infringe or violate another person’s rights if you were to distribute it.

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6. Digital Files

Innovators can offer digital files (“Digital File(s)”) to Sponsors. Digital Files are not offered for sale and must be provided for free. Downloading and using Digital Files are at your own risk. dreams.build makes no representations about the quality, safety, morality or legality of any Dream, Incentive, Digital File or Donation or the truth or accuracy of Content Transmitted on the Services relating to Digital Files or otherwise. Users use the Services at their own risk.

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7. Prohibited Digital Files

Innovators are not permitted to offer or provide any of the following as a Digital File: (a) file’s promoting hate, discrimination, personal injury, death, damage, or destruction to property; (b) any file that would violate another person’s privacy without consent; (c) illegal propaganda; (d) malicious software (e.g. viruses, malware, etc.); (e) any file (i) prohibited by applicable law to possess or distribute, (ii) that would cause you to violate applicable law if you were to distribute it, or (iii) that would cause you to infringe or violate another person’s rights if you were to distribute it.

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8. Prohibited Dreams

Innovators are not permitted to create a Dream to raise funds for illegal activities, to cause harm to people or property, or to scam others, each as determined by us in our sole discretion. If you know that your Dream is claiming to do something that is unattainable or is just plain fake, don’t Transmit it. You must comply with all applicable laws and regulations in carrying out your Dream, offering Incentives and using Donations.

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9. Innovators

As an Innovator, you are permitted to offer Incentives and Digital Files to Sponsors. You are legally obligated to and shall meet all commitments you make in your Dream including, but not limited to, delivering all Incentives you offered with your Dream. You agree you will respond promptly and truthfully to all questions asked to you by us or Sponsors to your Dreams. Innovators may ask Sponsors for additional information only to the extent necessary to deliver Incentives or to initiate or respond to a legal proceeding. You agree that if you are unable to deliver what you have indicated (including delivering any Incentives), you will work with the Sponsors to reach a mutually satisfactory resolution, which may include refunding a Sponsor’s Donations. You further agree that you will comply with all applicable laws and regulations in your use of Donations and delivery of Incentives. You understand and agree that you are responsible for collecting and remitting any taxes on Donations, and any taxes due in connection with your Incentives. dreams.build may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any Donations or other amounts without notice or liability in the event we are unable to verify any information to our complete satisfaction, as determined by us.

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10. Sponsors

As a Sponsor, you are solely responsible for gathering information and investigating Dreams and their Digital Files to the extent you feel is necessary before you make a Donation. You understand and agree that all Donations by you are made voluntarily and at your sole discretion and risk. You agree that you cannot revoke or reduce the amount of your Donation (i) once 24 hours have elapsed since you made the Donation, or (ii) anytime during the final 24 hours of a Dream. You agree to provide to an Innovator whose Dream you Donate to the extent necessary to receive an Incentive or to initiate or respond to a legal proceeding. We don’t make any guarantee or representation or warranty that Innovators will use Donations as they may indicate, that Innovators will deliver Incentives, or that the Dream will achieve its stated objective. dreams.build does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality, tax classification (or deductibility) or legality of any Dream, Incentive, Digital File, or Donation, or the truth or accuracy of content Transmitted on the Services. You are solely responsible for determining how to treat your Donation and receipt of any Incentives for tax purposes. In the event you are issued a refund on your Donation because of our inability to disburse funds to an Innovator, you agree you will no longer be entitled to delivery of any Incentive associated with your contribution.

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11. No Refunds

Donations are not refundable, unless otherwise determined by the respective Innovator. However, our fees and other charges are not refundable in any circumstance.

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12. Contents on the Services

(a) By Us. All Content on the Services, or obtained from a Linked Site (defined below) are provided to you “AS IS”. We are happy that you use the Services. However, we expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on the Services or reliance on any of the aforementioned. The Content published through the Services may include inaccuracies or typographical errors. We do not warrant or represent that the content available through the Services is complete or up-to-date.

(b) Linked Sites. The Services may link to other sites by allowing you to leave the Services to access third-party material or by bringing third-party material into the Services via ‘inverse’ hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the Content on a Linked Site. The fact that we have provided a link to a site is not necessarily an endorsement or affiliation with respect to such Linked Site, its owners, or its providers.

(c) Transmitted by You. You are solely responsible for and retain all rights in the Content that you Transmit on, by, or through the Services or otherwise communicate to other Users. However, you also agree that by Transmitting Content anywhere within, on or using the Services, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, paid-up license to use, copy, and distribute such Content in any way and to prepare derivative or collaborative works of such Content of any kind, as well as authorize us to sublicense any of the aforementioned Content. You further agree that we have the right to promote any Content through social media pages (e.g. Facebook, Instagram, Twitter, et cetera), as determined by us in our sole discretion. You also agree that we may but are not obligated to: filter any Transmitted Content including but not limited to, deleting or replacing expletives or other harmful or offensive language, refuse to display any Transmitted Content, remove Transmitted Content from the Services in response to User requests or for any reason or no reason, as determined by us. We are not responsible for, and will have no liability for, the removal or non-removal of any Transmitted Content from the Services.

(d) Transmitted by Users or Others. We do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through the Services, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any item or service obtained from a Linked Site. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Content, items, other information, or services obtained through the Services or a Linked Site.

(e) Intellectual Property.

(i) Trademarks. DREAMS.BUILD, APPLICATION HOPE, and APPLICATION HOPE LLC, and other graphics, logos, page headers, button icons, scripts, service names, and Content that we use, manage or control are trademarks, registered trademarks or trade dress of dreams.build or one or more of its affiliates in the United States or other countries or both. No one may use these trademarks and trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our affiliates.

(ii) Copyright. Other than the Content Transmitted by you and under license to us according to Section 10(c) and any Content owned by third parties, we claim a copyright, and all copyright protection afforded, under international, United States and Commonwealth of Virginia laws to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on the Website. The compilation of all Content on the Website is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and Commonwealth of Virginia laws to all material described in the trademarks section above. Your access to all information and Content located on the Website is strictly permitted through the License granted to you under these Terms. You are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Website without our prior written permission, or in the case of third party materials, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.

(iii) Infringement Claims. We respect the intellectual property rights of others. If you believe that the Content and/or the materials on the Services violate the Digital Millennium Copyright Act of 1998 (the “DMCA”) or are infringing upon another’s copyright, trademark or other intellectual property, you may send a written notice to our DMCA agent (“Designated Agent”) at [legal@dreams.build] containing the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where the material that you claim is infringing is located or made available through the Services; (D) your address, telephone number, and email address; (E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (F) and 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. If you believe that your material has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information within 5 business days from your receipt of the notice of infringement: (W) a physical or electronic signature of the owner or authorized user of material; (X)identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (Y) a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and (Z) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the Complainant or an agent of such person. UNDER US FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

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13. Use Restrictions

The Services are intended to be used only for lawful purposes. You may not use or plan, encourage, or help others to use the Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using the Services, you agree at all times that you shall not: (a) infringe on the copyrights or other intellectual property rights of Users or third parties (b) copy, distribute, or modify any part of the Services without our prior written authorization; (c) Transmit inappropriate, inaccurate, false, or misleading Content to the Services; (d) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) Transmit Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (f) make threats or use profanity; (g) harass, stalk or intimidate other Users; (h) manipulate or exclude identifiers in order to disguise the origin of any Content; (i) disrupt the networks connected to the Services, including but not limited to by: attempting to probe, scan or test the vulnerability of the Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with the Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (k) collect Content, personally identifying information, and/or other information from the Services, or otherwise access the Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, or by ‘sniffing’ or ‘crawling’ the Services, without our prior written approval which we may withhold in our discretion, (l) use any communications systems provided by the Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (m) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices contained in or displayed on the Services; (n) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to payment information that you provide to us; (o) ‘frame’ or ‘mirror’ any part of the Website without our prior consent; (p) use the personal identifying information of any User in connection with illegal or deceptive activity (q) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.

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14. Fees; Dream Options

Registering an Account on the Service is free. We do not charge fees to Sponsors in connection with Donations. However, we charge a fee to the Innovator in connection with the Innovator’s Dream. Funding is split into two stages. Both stages are subject to our 5% fee. At the end of stage one if the Dream reaches its target amount of Donations, the Innovator receives the Donations less a fee in the amount equal to 5% of the total Donations the Dream raises in stage one, but if the Innovator’s Dream does not reach its target amount of Donations the Innovator does not receive the Donations and we will not collect a fee applicable to the Donations collected. If the Dream proceeds to stage two then even if the Dream does not reach its stage two targeted amount of Donations, the Innovator receives the actual amount of Donations achieved less a fee in an amount equal to 5% of the total Donations the Dream raises in stage two. This equates out to dreams.build taking a fee in the amount equal to 5% of the total Donations the Dream raises in the two stages. Because we enjoy helping others, we will donate 5% of the 5% fee we collect in connection with a Dream to a charity selected by dreams.build in our sole discretion. In addition to our fees, third parties may charge fees in connection with payment processing or other tasks performed by them for you in connection with the Services. Changes to fees are effective after we Transmit notice of the changes by posting updated Terms on the Website. Updated fees are applied to Dreams launched after the notice is so Transmitted. You are responsible for paying all taxes associated with your use of the Services. Donations are usually made via credit card.

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15. Payment

(a) Fees to Us. By using the Services, you agree to pay us the fees displayed on the Website and/or in these Terms, according to these Terms and you authorize us to charge your chosen payment method in connection therewith. We use www.stripe.com for payment processing (the “Payment Processor” or “Stripe”) of all fees payable to us. By using the Services, you agree to be bound to our Payment Processor’s ‘terms of service’ which apply to your jurisdiction (e.g. stripe.com/us/terms). Users may be required to create a Stripe account in order to use our Services. In connection with any fees you pay to us, you agree: (a) to only provide valid and current payment information; (b) that we may use the tools, software or services of our Payment Processor to process transactions and fees on our behalf; and (c) that you agree to promptly pay all amounts due upon demand. All fees paid to us shall be paid in US Dollars as may be converted by our Payment Processor at the then-current and applicable exchange rate, as determined by our Payment Processor, as the case may be.

(b) Paying the Donations to you. Upon the completion of a Dream, if Donations (less our fee) that an Innovator raises are to be paid to the Innovator, amounts paid to the Innovator may be subject to currency conversion rates. If amounts paid to the Innovator are paid in a currency other than US Dollars, the amounts to be to the Innovator will be converted by our Payment Processor at the then-current and applicable exchange rate, as determined by our Payment Processor, as the case may be.

(c) We are not responsible or liable for any activities or conduct of our Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of our Payment Processor, including but not limited to issues related to currency conversion.

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16. Taxes

Your applicable taxing authorities may classify funds you raise on dreams.build as taxable income to you and any beneficiary who will receive funds directly from your Dream. We will ask you for your tax identification number (“TIN”) and/or your US federal tax identification number (“FEIN”) and the TIN and FEIN of any beneficiary of your Dream so that we may report taxable income to the relevant taxing authorities. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Dream so that you understand and prepare for the tax obligations you may incur from the funds you raise.

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17. Termination, Restriction and Suspension

(a) Termination By You. You may terminate your Account at any time for any reason or no reason using the ‘Management’ panel on the Website or by notifying us in writing (email to [support@dreams.build] is acceptable). Such termination and removal of your Account will be effective within a commercially reasonable time after any outstanding Dreams and assessed fees, if any, are settled.

(b) By us. We retain the right to terminate, restrict, or suspend any Account, Donation, Dream, Incentive, Digital File or User, and any User’s ability to use any portion of the Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason.

(c) After Termination. Upon termination of your Account or access to the Services for any reason, you agree not to browse, use, or otherwise access the Services in any way. You agree that we may take any measures we deem necessary to prevent you from using the Services, including by blocking your IP address. You agree that after any such termination, we are not obliged to retain or provide to you any Content or Personal Data (as defined in the Privacy Policy) which was collected by us, but we may elect to do so in our sole discretion.

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18. Disclaimer of Warranties

THIS WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DREAMS.BUILD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT, COURSE OF PERFORMANCE, SECURITY, AND ACCURACY WITH RESPECT TO THE WEBSITE AND/OR SERVICES. DREAMS.BUILD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DREAMS.BUILD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, MATERIALS, OR OTHER CONTENT ON THIS WEBSITE OR AVAILABLE THROUGH THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

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19. Waiver of Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERS HEREBY RELEASE AND WAIVE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST DREAMS.BUILD AND OUR OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, AND AGENTS, INCLUDING ANY AND ALL LIABILITY FOR DAMAGES (ACTUAL AND OR CONSEQUENTIAL), COSTS AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO: (I) THE SERVICES, (II) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER’S REPRESENTATIONS OR WARRANTIES; AND/OR (III) ANY INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL INFORMATION AND/OR CONTENT OBTAINED OR ACCESSED BY OR THROUGH THE SERVICES. FURTHER, IF APPLICABLE, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT ANY FACT RELATING TO ANY MATTER COVERED BY THIS RELEASE MAY BE FOUND TO BE OTHER THAN NOW BELIEVED TO BE TRUE, AND ACCEPT AND ASSUME THE RISK OF SUCH POSSIBLE DIFFERENCES IN FACT. IN ADDITION, YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS WHICH YOU MAY HAVE HAD UNDER ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT, TO THE FULLEST EXTENT PERMITTED BY LAW.

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20. Limitation of Liability

To the fullest extent permitted under applicable law, dreams.build shall not be liable for any lost profits or any incidental, direct, indirect, special, collateral, consequential, exemplary, or punitive damages, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use the Services; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of the Website or Services; any infringement of a third party’s rights (including but not limited to copyright infringement) by you; your reliance on any statement made by us or Users though the Website or Services; any accidental or improper disclosure of Personal Data (as defined in the Privacy Policy) by us; and any violation by you of these Terms or the Policies. YOU FURTHER AGREE THAT UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, EXCEED THE LESSER OF (I) ONE-HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS ($125.00), OR (II) THE FEES PAID BY YOU TO US IN CONNECTION WITH THE SERVICES OUT OF WHICH THE CLAIMS AROSE. YOU AGREE THAT WITHOUT THESE LIMITATIONS ON OUR LIABILITY WE WOULD NOT BE ABLE TO PROVIDE SERVICES TO YOU AND THAT THESE LIMITATIONS SHALL APPLY EVEN IF IT WOULD CAUSE YOUR REMEDIES UNDER THESE TERMS TO FAIL OF THEIR ESSENTIAL PURPOSE. THE FOREGOING LIMITATION SHALL APPLY TO ALL CLAIMS REGARDLESS OF THE NATURE THEREOF, INCLUDING CLAIMS ASSERTED AS A BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS. For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if the applicable jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) our fraudulent misrepresentation or intentional misconduct; or (c) any liability of ours which it is not lawful to exclude either now or in the future.

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21. Indemnification

You agree to indemnify, defend, and hold harmless dreams.build, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, licensees, employees, agents, and any third-party information providers (if any) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; any infringement of a third party’s rights, including but not limited to intellectual property rights such as copyrights; a breach of representation or warranty; information or Content Transmitted by you; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, fraudulent, or illegal use of our Services by you; any accidental or improper disclosure of Personal Data (as defined in our Privacy Policy); and any violation by you of these Terms or any of our other Policies.

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22. Survival

Notwithstanding anything herein to the contrary, the provisions of Sections 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, and 30 of these Terms, as well as provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms or your License, shall survive any such termination.

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23. Notification and Communication By Us

You agree that dreams.build may provide notifications to you via email, written or hard copy notice, or through conspicuous Transmitting of such notice on the Website. You may opt out of certain means of notification or to receive certain notifications. dreams.build utilizes email as a vital and primary communication channel with Users. Users hereby acknowledge and grant dreams.build the permission to communicate with Users via email or other method we may determine for any reason dreams.build determines to be relevant. dreams.build will use best efforts to honor a User’s request to opt out of marketing messages, but under no circumstances will we be liability for sending any emails to Users.

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24. Severability

The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of this Agreement. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect. dreams.build’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

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25. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.

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26. Entire Agreement; Modification

These Terms together with our Polices any other document referenced herein, constitute the entire understanding between dreams.build and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Policies at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to the Terms.

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27. Governing Law; English Language

You agree that: (i) the Services shall be deemed solely based in Virginia (where we have our headquarters); and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over dreams.build, either specific or general, in jurisdictions other than Virginia. This Agreement shall be governed by the laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. In the event of a conflict between these Terms and a foreign language version of the Terms, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

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28. Compliance

You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Services. Innovators should be aware that many Service Areas impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. We merely provide a technology platform to allow Innovators to connect with Sponsors and other Users. Those who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.

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29. Dispute Resolution

You and dreams.build each agree that any and all disputes or claims that have arisen or may arise between you and dreams.build relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Services shall be resolved exclusively at a location in Montgomery County, Virginia through final and binding arbitration, rather than in court, unless otherwise determined by us in our sole discretion (except that you may assert claims in small claims court, if your claims qualify). Notwithstanding the aforementioned, you and dreams.build also both agree that you or we may nevertheless bring suit in court to enjoin infringement or other misuse of intellectual property rights. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Terms as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in Montgomery County, Virginia or the US District Court for the Western District of Virginia, as the case may be. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.

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30. User Disputes

dreams.build is under no obligation to become involved in disputes between Innovators and Sponsors, or users and any third party. In the event of any dispute, such as an Innovator’s alleged failure to comply with the Terms or alleged failure in fulfillment of an Incentive, we may provide the Innovator’s contact information to the Sponsor so that the two parties may resolve their dispute.

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31. Export Compliance

You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the US Export Administration Act (“Export Laws”), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Dream is deemed to be in violation of Export Laws.

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32. Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

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33. No Professional Advice

Nothing contained in the Terms or the Services constitutes legal, tax, accounting, medical or other professional advice. If you have any questions regarding your rights and obligations relating to your use of the Services, you should consult with a licensed professional.

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