TERMS OF SERVICE
Last updated: January 16, 2024.
Please read these Terms of Service before using iDream Game Studio. These Terms of Service set out the terms and conditions that apply when you use our games (described below). When you use our games, you agree to be bound by these terms and conditions.
"iDream," or "we," "our," or "us" in these Terms of Service means iDream Game Studio.
1. Limited Use License
The game software is licensed, not sold.
Subject to your compliance with this agreement, we hereby grant you a non-exclusive, non-transferable right and license to install, execute, and use a single production instance of the game software that we make available to you solely for your personal and non-commercial use. The game software is not intended to be and shall not be used for educational purposes. We reserve all rights in and to the game software that we do not expressly grant you in this agreement.
2. Ownership of Game Software
Except for the license we grant you in Section 1 above, all right, title, and interest in and to the game software, and any and all intellectual property rights embodied in the game software, are owned by iDream Game Studio.
3. Acceptable Use of Game Software
You are responsible for your use of the game software and for any use of the game software made using your account. Our goal is to create a fun and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the game software or otherwise interact with us (e.g., customer service), you MUST NOT:
- Violate any law or regulation.
- Violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights.
- Exploit the game software or any of its parts commercially.
- Use the game software, or permit use of the game software, or make the game software available for use in a network, multi-user arrangement, or remote access arrangement, including where it could be downloaded by multiple users.
- Sell, rent, lease, license, distribute, or otherwise transfer this game software or any copies.
- Post or share anything or act in a manner that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our discretion.
- Send unsolicited or unauthorized advertising or commercial communications, such as spam.
- Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.
- Stalk, harass, or harm another individual.
- Impersonate any person or entity or perform any other similar fraudulent activity, such as phishing.
- Attempt to remove, disable, or circumvent any security measure or proprietary notice contained on or within the game software.
- Attempt to reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the game software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications shall belong to, vest in, and be the exclusive property of iDream Game Studio on creation).
- Export or re-export the game software or any copy of it in violation of any applicable laws or regulations.
- Advocate, encourage, or assist any third party in doing any of the foregoing.
- Without limiting any of our other rights or remedies, we reserve the right to suspend or terminate the account or refuse customer service to anyone who, in our opinion, has violated the spirit or letter of this Section ("Acceptable Use of Game Software").
- Minors: To enjoy the Gambling Services, you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Services. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using our Services, we have the right to prohibit and block such Users from accessing the Services.
4. User Content
The game software may allow you to upload, submit, store, send, or receive content and data ("user content"). By way of example, user content includes your original content that you upload or contribute to game software, such as comments, images, audio, media, virtual items, and other game elements, for your own use of the game software or for other players' use of the game software. You retain ownership of any intellectual property rights that you hold in that user content. When you upload, submit, store, send, or receive User Content to or through the Game Software, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Game Software), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the game software and to develop new game software, products, and services. Our license to your user content is non-exclusive, meaning you may use the user content for your own purposes or let others use your user content for their purposes. This license is fully paid and royalty-free, meaning we do not owe you anything else in connection with our use of your user content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the game software. In general, however, we will only need to use your user content for as long as you choose to store it with us using the game software. You promise that:
- You own all rights to your user content, or, alternatively, you have the right to give us the rights described above.
- Your user content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit user content for any reason. We may remove user content from the game software for any reason.
5. Virtual Items
The game software may provide you with the option to license a variety of virtual items, such as virtual currency, virtual goods, additional levels, and content packs ("virtual items") that can be used for game play.
Virtual items cannot be returned, refunded, or exchanged for cash or any other tangible value.
You agree that you have no property interest in any virtual items. Any obtaining of virtual items by game play is a personal, non-transferable, non-sublicensable, and revocable license to use those virtual items within the game software. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual items may not be purchased or sold by any individual or other company via cash, barter, or any other transaction. Virtual items have no monetary value and cannot be used to purchase or use products or services other than within the game software. Initiation and/or effectuation of any transfer of virtual items between user accounts for consideration exchanged outside the game software is a breach of this agreement, and your user account may be immediately suspended or terminated at iDream Game Studio discretion, among other things. Further, acceptance by you of any virtual items exchanged during such a transaction constitutes both (i) a breach of this agreement and (ii) use of the received virtual items without any license to the virtual items. iDream Game Studio may manage, regulate, control, modify, or eliminate your virtual items in our sole discretion, and iDream Game Studio will have no liability to you or anyone else for exercising these rights. In addition, all virtual items are unconditionally forfeited if your user account is terminated or suspended for any reason, in iDream Game Studio's sole discretion, or if the particular game software is discontinued. iDream Game Studio has no liability at all to you or anyone else for the loss of your virtual items for any reason, including hacking. iDream Game Studio reserves the right, without prior notification, to limit the order quantity on any virtual item and/or to refuse to provide you with any virtual items. Prices and availability of virtual items are subject to change without notice.
9. Changes to the Game Software
We enhance and update the game software often. We may change or discontinue the game software at any time, with or without notice to you.
We can terminate this agreement if you breach any of the terms. You can terminate this agreement at any time by uninstalling the game software. If this agreement is terminated for any reason, you will no longer have any of the rights to the game software set forth in this agreement.
11. Disclaimer and Limitations on Our Liability
You use the game software at your own risk. The game software is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, conditions, and representations of any kind, whether implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and those arising out of the course of dealing or usage of trade.
In particular, we make no representations or warranties about the accuracy or completeness of content available on or through the game software, or the content of any websites or online services linked to or integrated with the game software. We will have no liability for any of the following:
- errors, mistakes, or inaccuracies in the content.
- personal injury or property damage resulting from your access to or use of the game software.
- any unauthorized access to or use of any personal information or user data.
- any interruption of transmission to or from the game software.
- any bugs, viruses, trojan horses, or the like that may be transmitted on or through the game software by any third party.
- any loss or damage of any kind incurred as a result of the use of any content posted or shared through the game software.
To the maximum extent permitted by applicable law, in no event will we be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products arising out of or in connection with this agreement, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not we've been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under this agreement, from all causes of action and all theories of liability, will be limited to and will not exceed the fees you have actually paid us during the twelve (12) months preceding the claim giving rise to such liability.
You understand and agree that we have set our prices and entered into this agreement with you in reliance upon the limitations of liability set forth in this agreement, which allocate risk between us and form the basis of a bargain between us.
12. Changes to this Agreement
From time to time, we may change this agreement. If we change this agreement, we will give you notice by posting the revised agreement on our website or by other reasonable means. Those changes will go into effect on the "Last Updated" date shown at the top of this agreement. By continuing to use the game software, you are agreeing to be bound by the revised agreement.
Please print a copy of this agreement for your records, and please check our website for any changes to this agreement.