TERMS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY:
Welcome to vDream Racing! The following agreement is the Terms of Service (“Agreement”) for all users, members, customers, visitors, entities, and the like (collectively, “Users” or “You”) who use and/or (“or”) visit any web sites, applications, features, or services (collectively, “services”) owned or operated by vDream, Inc. (“vDream”). BASICALLY, this Agreement applies to anyone or anything ranging from die-hard vDream racers to those who just happened to stumble across the awesomeness that is vDream.
This Agreement describes the terms on which vDream offers its users access to its services. By accessing, browsing, using, or registering for any of vDream’s services, YOU ACKNOWLEDGE THAT YOU HAVE read, understood, and agree to be bound to the following terms, including any future modifications, of this Agreement. Continued use of ANY vDream service signifies Your acceptance of the current version of this Agreement. IF YOU DO NOT AGREE TO BE BOUND TO THESE TERMS, DO NOT USE ANY VDREAM SERVICES.
AS TO FUTURE MODIFICATIONS TO THIS AGREEMENT: vDream reserves the right, at its discretion, to change, modify, add, or remove portions of this Agreement at any time by posting modifications to http://vdream.com/static/termsofservice. vDream recommends that You periodically review the current version of vDream’s Agreement for any modifications. If You agree to this Agreement now, but decide that You do not want to be bound to a modification made to this Agreement at a later date, You MUST opt-out of this Agreement by uninstalling the application. Furthermore, if You opt-out of this Agreement, YOU MUST DISCONTINUE USE of ANY vDream service. If You DO NOT discontinue use, YOU are opting back into the current version of this Agreement (despite any prior opt-out action). Continued use of ANY vDream service signifies Your acceptance of the current version of this Agreement. IF YOU DO NOT AGREE TO BE BOUND TO THESE TERMS, DO NOT USE ANY VDREAM SERVICES.
1.DESCRIPTION OF SERVICES PROVIDED BY vDREAM
vDream offers a multi-user online service called vDream Racing. Users register for an account online and must establish an account user name and password.
2.vDREAM CONTENT
vDREAM IS A SERVICE PROVIDER. vDream is a service provider; therefore, it does not control various aspects of it Services. By agreeing to this Agreement, You acknowledge that vDream is a service provider that may allow people to interact online and discuss topics and post other content of their own choosing. Generally, vDream does not regulate the content of communications posted by or between Users using its services. vDream has limited control, if any, over the type of content posted within its services.
VIRTUAL “CURRENCY” (vDOLLARS). You understand and acknowledge that the services provided by vDream include a fictional “currency” called vDollars or v$, as well as “car tickets” and “part tickets” which serve as vouchers. You also understand and acknowledge that vDream has the absolute right to manage, regulate, control, modify, or eliminate vDollars, car tickets, and part tickets as it sees fit in its sole discretion. vDream will have no liability for doing so and Users will not be awarded or compensated in any way for this action.
- a) LIMITED LICENSE. vDollars constitute a limited license right to use a feature of vDream’s services. vDream charges Users a fee for (or allows Users to accrue, be awarded, win, or earn) the right to use virtual “currency” or points called vDollars in an amount proportionate to the amount of money paid for the license (see http://vdream.com/static/money_guide) vDream has exclusive discretion over what is considered “proportionate.” The limited license to use vDollars is strictly governed solely by this Agreement. vDream may distribute vDollars without a monetary charge in the ways listed below or at its discretion.
- b) TERMS “SELL”, “BUY”, “DONATE”, and any similar terminology that may be used. vDollars can be used to “sell” or “buy” virtual cars, car parts, car accessories, and various other “merchandising” within vDream services. As used in this Agreement and within vDream’s services, (1) “sell” means for one User to transfer for consideration to another User the licensed right to use “vDollars” as defined in this Agreement; (2) “buy” means for one User to receive consideration from another User the licensed right to use “vDollars” as defined in this Agreement; (3) terms similar to “sell” and “buy”, including but not limited to “seller”, “buyer”, “sale”, “purchase”, “purchaser”, have corresponding meanings to the terms “sell” and “buy”; (4) “donate” means You give money to vDream for the right to use vDollars within vDream with no intention of having the money returned to You.
- c) OBTAINING vDOLLARS. There are various ways for Users to obtain vDollars:
- (1) Users can accrue, be awarded, win, or earn vDollars by racing or actively participating in the site, including but not limited to winning “Cars of the Week” or “Most Active User” (see http://vdream.com/static/money_guide). vDream reserves the right to not credit or delay credit of any vDollars accrued, awarded, won, or earned for any reason at their own discretion.
- (2) Users can accrue, be awarded, win, or earn vDollars by participating in “vDream Offers”, which awards a specified amount of vDollars to Users that sign-up, purchase, or participate in promotions offered by 3rd parties approved by vDream (see http://vdream.com/static/money_guide). vDream reserves the right to not credit or to delay credit of any vDollars accrued, awarded, won, or earned for any reason at their own discretion.
- (3) Users can purchase a limited license to use vDollars.
- (4) vDollars may also be distributed at vDream’s discretion.
SCHEDULED & UNSCHEDULED SERVICE INTERRUPTIONS.
vDream reserves the right to interrupt all or part of vDream’s services with or without prior notice without providing User’s with a reason.
3.REGISTRATION & OTHER ACCOUNT REQUIREMENTS
ELIGIBILITY & ABILITY TO ACCEPT THIS AGREEMENT. In order to use vDream’s services, You must be at least 13 years of age. If You are under 13 years-old, You may not use vDream’s services and You are instructed to leave this website and not access any other vDream service. If You are between the ages of 13 through 17 years-old, You may use vDream’s services only under the supervision and with the written consent of Your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, at our sole discretion, that You are under 13 years of age or that You are between 13 and 17 and are utilizing vDream’s services while not under the supervision and/or without the written consent of Your parent or legal guardian. If You are 18 and over, You are eligible to register and use vDream’s services and are viewed as capable of understanding this Agreement.
REGISTRATION. In order to use vDream’s services, You must register an account with vDream. Registration requires You to provide vDream with certain information, including the creation of a unique username and password. You agree to provide vDream with true, accurate, current, and complete information at the time of registration and throughout the lifetime of Your account with vDream by updating Your account when necessary. vDream may use its discretion to deny registrants an account.
Note: In addition to the information provided in this section, vDream strongly recommends You read vDream’s Privacy Policy http://vdream.com/static/privacy for how information is treated once provided by You to vDream.
PASSWORD. As You will be responsible for all activities that occur in connection with Your account, vDream strongly recommends that You keep Your password confidential. You are solely responsible for keeping all of Your account information, including Your password, confidential. If You feel Your account has been breached or is otherwise not secure, contact vDream immediately. You may be liable for any damages or expenses incurred by vDream or others due to any unreported, unauthorized use of Your account.
MYSPACE, FACEBOOK, BEBO, AND OTHER SOCIAL NETWORKING SITES USERS. When You open and access Your vDream account through a third party website, such as Facebook, MySpace, or Bebo, vDream operates in accordance with the other networking site’s terms of service and privacy policies, as well as this Agreement and vDream’s Privacy Policy. If You are opening and operating Your vDream account through a third party site, You will not create a vDream username and password and You authorize vDream to collect certain information from Your personal site available through a third party (for example, your Facebook account) in accordance with the third parties’ terms of service and privacy policy.
CANCELING OR SUSPENDING YOUR ACCOUNT.
- a) You may cancel Your account with vDream at any time by disabling Your access to vDream Services or removing the application from your MySpace, Facebook, and so on. Before cancellations can be finalized, all outstanding costs and fees associated with the account must be paid by the account holder. * * If Your account is canceled intentionally or inadvertently by You, You understand and agree that You shall receive NO refund, exchange, or compensation for (1) money (virtual vDollars or otherwise) spent, donated, or remaining in Your account, (2) any content, data, code, material, or idea created, posted, or mentioned within vDream, or (3) any points, rewards, credits, or the like that were accrued (or would have been accrued if the account had remained open or active). * *
- b) vDream may cancel or suspend Your account at anytime for any reason (or for no reason). vDream may also refuse to reactivate Your account without citing a reason. * * If Your account is canceled or suspended by vDream, You understand and agree that You shall receive NO refund, exchange, or compensation for (1) money (virtual vDollars or otherwise) spent, donated, or remaining in Your account, (2) any content, data, code, material, or idea created, posted, or mentioned within vDream, or (3) any points, rewards, credits, or the like that were accrued (or would have been accrued if the account had remained open or active). * *
COMPUTER & INTERNET ACCESS. vDream does not provide computer hardware (including PCs, laptops, PDA’s, cellphones, or any other device capable of running vDream’s programs) or Internet service to its Users, although all are necessary to access vDream’s services and accounts. You are responsible for providing the necessary hardware and Internet service to access vDream’s services, as well as pay all fees associated with either.
4.PROHIBITED CONDUCT
As part of this Agreement, You agree to abide by the following rules of conduct. Failure to do so may result in suspension or revocation of SOME or ALL or Your accounts with any vDream service. Revocation or suspension of an account is done at vDream’s discretion and may be done without notice to the User.
As a vDream services User, You agree NOT TO:
- a) Post, send, request, link, discuss, promote, depict, or make available ANY material that may be viewed as pornographic, sexually explicit, racist, ethnically derogatory, prejudicial, threatening, embarrassing, profane, harassing, insulting, hateful, defamatory, or otherwise inappropriate or offensive content on or in connection with any vDream service;
- b) Post, send, request, link, discuss, promote, depict, or make available ANY comment, picture, or other depiction of or dealing with child sexuality, abuse, or exploitation on or in connection with any vDream service;
- c) Post, send, request, link, discuss, promote, depict, or make available ANY images, pictures, phrases, logos, or the like that infringes on another person or entity’s trademark, copyright, right of publicity/privacy, or the like (this includes misrepresenting others material as Your own);
- d) Post, send, request, link, discuss, promote, depict, or make available ANY trademarked or copyrighted material You or other vDream users create using vDream’s services without vDream’s express, written permission (this includes but is not limited to, copying or posting a custom car created by You using vDream’s services and publishing the image anywhere other than on vDream’s site);
- e) Falsely represent Yourself to vDream or any vDream User;
- f) Impersonate another individual,
- g) Access another vDream User’s account without their permission;
- h) Send, solicit, or make inappropriate or commercial offers, promotions, proposals, or the like to any vDream User, including but not limited to advertisements, chain letters, or spam/junk mail;
- i) Use or encourage the use of vDream’s services for anything other than its intended purpose, including but not limited to use or encouragement to use vDream’s service for an illegal purpose;
- j) Post, send, or make available in any way material that contains viruses, worms, spyware, Trojan Horses, or others code that may disrupt, interfere, damage, slow, or shut-down any aspect of vDream’s services or intercept any User’s personal or account information;
- k) Reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code, underlying ideas, or intellectual property developed, used, or owned by vDream;
- l) Fail to deliver payment owed to vDream for goods or services;
- m) Buy, sell, or otherwise exchange vDream materials, such as custom car parts, except as expressly permitted and facilitated by vDream;
- n) Engage in any action, conduct, or communication that may interfere with other User’s use and enjoyment of vDream’s services.
Furthermore, as a vDream services User, You agree to comply with the processes of the Digital Milennium Copyright Act (DMCA) regarding copyright infringement claims. For vDream’s DMCA compliance policy, please see http://vdream.com/static/dmca.
5.USER GENERATED CONTENT
vDream may now or in the future permit the submission or posting of images, sounds, words, videos, or other forms of content and communication by You and other Users (“User Generated Content”). As a vDream User, You understand and acknowledge that You are solely responsible for ANY of the consequences that may follow submitting or posting publishing material.
In connection with User Generated Content, You affirm, represent, and warrant that:
- a)You OWN all User Generated Content You submit or post OR You have the necessary LICENSE(S), RIGHT(S), and PERMISSION to use, copy, and display all User Generated Content You submit or post that is protected by (or may be protected by) another’s trademark, copyright, patent, trade secret, right of publicity, or any other proprietary right;
- b)If You own the User Generated Content You submit or post, You grant vDream and any current or future subsidiaries or assignees, a non-exclusive, perpetual license to display and copy Your User Generated Content;
- c)If You have secured all the necessary license(s), right(s), and permission to use, copy, and display all User Generated Content You submit or post that is protected by (or may be protected by) another’s trademark, copyright, patent, trade secret, right of publicity, or any other proprietary right, You must also secure the written permission for vDream and any current or future subsidiaries the non-exclusive, perpetual right to display and copy Your User Generated Content.
Note: Some Users may become “vDream Designers”. vDream Designers work with vDream to design and create content used within vDream’s Services. Before becoming a vDream Designers, each designer must sign a separate agreement with vDream that, in addition to Section 5 of this Agreement, governs the content the vDream Designer creates for the vDream Services.
IF YOU FEEL YOUR COPYRIGHT HAS BEEN INFRINGED UPON BY A vDREAM USER, please note vDream is a service provider that operates in compliance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. 512). If You are a copyright owner or agent thereof and believe that any User Generated Content infringes upon Your copyright(s), You may submit a notification in writing pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (c)(3)):
- a)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- b)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- c)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- d)Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail
- e)A statement that You have 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; and
- f)A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vDream’s Designated Copyright Agent assigned to receive notifications is:
Attn: vDream DMCA Designated Agent
1714 Franklin St., 2nd Floor
Oakland, CA 94612
Email: CopyrightAgent@vdream.com
You acknowledge that if You fail to comply with all of the requirements listed above (and described in detail in 17 U.S.C. 512 (c)(3) that Your DMCA notice may not be valid.
6.INTELLECTUAL PROPERTY LICENSE TERMS
vDream’s services allow Users to create, build, design, and virtually manufacture (collectively, “create”) customized vehicles and similar or complimentary materials or accessories (collectively, “materials”). As between the User and vDream, ANY materials created during a User’s use of vDream’s services are the intellectual property of vDream. You acknowledge and agree not to copy, reproduce, display, link, or otherwise make available any of vDream’s intellectual property outside of vDream’s services without the express, written permission or grant of license from vDream.
7.USERS INDEMNIFY vDREAM
You agree to defend, indemnify, and hold harmless vDream, as well as its subsidiaries, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from: (a) Your use of and access to vDream’s services; (b) Your violation of any term of this Agreement; (c) Your violation of any third party right, including without limitation any copyright, trademark, patent, trade secret, or right to publicity/privacy; or (d) any claim that any of Your User Generated Content (as defined in paragraph 5 of this Agreement) caused damage to a third party. This defense and indemnification obligation will survive this Agreement and Your use of vDream’s services.
8.Warranty Disclaimer
vDREAM AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH vDREAM’S SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. vDREAM AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.DISPUTE RESOLUTION
If a dispute arises between You and vDream, You and vDream agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or vDream’s services (a "Claim") in accordance with the subsections below.
- a)GOVERNING LAW. This Agreement and the relationship between You and vDream shall be governed in all respects by the laws of the State of California.
- b)BINDING ARBITRATION. Any dispute or controversy between You and vDream (or any assignee or other successor-in-interest of vDream) in any way arising out of, related to, or connected with these Terms of Use, the Privacy Policy, or vDream’s services, shall be resolved through final and binding arbitration in Oakland, California. In the event of such arbitration, each party shall be responsible for paying its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees. The parties shall share equally the costs of the arbitration, including, but not limited to, the arbitrator’s fees and any and all other administrative costs of the arbitration. The parties each agree to submit to any federal or state court of appropriate jurisdiction located in Oakland, California, for purposes of compelling arbitration pursuant to this paragraph, or to enforce any interim or final award entered into by the arbitrator. The arbitrator shall have no power to add to, subtract from, or modify in any way, the terms of these Terms of Use. Notwithstanding the foregoing, for any violation of these Terms of Use which may not be reasonably or adequately compensated by monetary damages, vDream shall be entitled to court mandated injunctive or equitable relief against Your breach of these Terms of Use, in addition to other remedies.
10.THIS IS THE ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy at http://vdream.com/static/privacy and any other legal notices published by vDream on or in conjunction with any of the vDream services, shall constitute the entire Agreement between You and vDream. You may not waive at provision in this Agreement and must accept this Agreement in its entirety. Any prior agreements or understanding between You and vDream are null and void upon acceptance of this Agreement. If any provision in this Agreement is deemed invalid by a Court of proper jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Intellectual Property Notices
vDream Services (which includes all web sites, applications, features, or services) and all related technology and content: Copyright © 2008-2009 by vDream, Inc. or its suppliers or licensors. All rights reserved.
“vDream”, “vDream Racing”, “vDollars”, “v$”, “vForm”, as well as other similar marks used within vDream’s Services or to explain and market vDream Service, are trademarks and service marks of vDream, Inc. Furthermore, the company, product, and brand names of companies, products and services mentioned herein or on a vDream Service may be the trademarks and service marks of their respective owners.
vDream, Inc. has trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to vDream’s Services. Except as expressly provided in these Terms of Use, vDream does not give You any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
PLEASE NOTE: vDream is a California corporation. Therefore, pursuant to California Civil Code § 1789.3, vDream sets forth the following: (a) vDream is located at 1714 Franklin St., 2nd floor, Oakland, CA 94612; (b) The fees and charges imposed on vDream consumers vary depending on the services You choose; and (c) If You have any complaints about vDream or wish to receive further information about vDream, please visit/call/contact support@vdream.com. For complaints against vDream, You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by (1) visiting www.dca.ca.gov/about_dca/contactus.shtml; (2) sending an email to dca@dca.ca.gov; (3) calling (800) 952-5210; OR (4) writing to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N, 112 Sacramento, CA 95834.
LAST UPDATED: September 3, 2009