Dreamface date: 30 November,2022
By accessing or using our products or services, you agree to be bound by these Terms and all policies referenced herein. Please read these Terms carefully before downloading or using our services. If you do not understand the Terms, or do not accept any part of them, please do not use our services.
User-Generated Content
You are solely responsible for your use of our services and for any videos, information, messages and any other content that you create via our services, whether privately transmitted or made publicly available (together, “User Content”). You retain ownership of your User Content.
Any videos you make by using our services are stored locally in your phone and are not stored in or will not be uploaded to our services/server.
You understand and agree to comply with all applicable laws in relation to your use of our services and User Content.
You shall at all times ensure that your User Content does not:
A. Contain any content, information or material that infringes the rights of any third party including copyright, trademark right, confidential information or rights of privacy;
B. Violate any applicable laws;
C. Contain any content or material that is offensive, abusive, defamatory, libelous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, humiliate, alarm, inconvenience any person;
D. In any way promote or incite anyone to commit or assist in any unlawful or criminal activity which could endanger the safety or wellbeing of others;
E. Identify any person without their consent, or the consent of their parent or legal guardian if they are under 18 years of age;
F. Disclose anyone’s personal contact details or invade their privacy;
G. Contain any viruses or other malicious or harmful programs;
Furthermore, you understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of our services:
A. Use our services or User Content available on our services in a way other than as expressly permitted by these Terms and the normal functionality of our services;
B. use our services for any illegal purpose, in an unlawful manner or in any manner inconsistent with these Terms;
C. use our services in a way that could damage, disable, overburden, impair or compromise our services, our systems or security or interfere with other users;
D. use any program or other means, including but not limited to scripts, spiders and robots, whether manually or automatically, to extract, download, index, mine, scrape, reproduce or circumvent the presentation, operation or intended use of our services or any features or functions of it;
E. Copy, modify, decompile or otherwise interfere with any part of our services;
F. Make alterations to, or modifications of, the whole or part of our services, or permit our services or any part of it to be combined with, or become incorporated in, any other programs;
G. Hack into, or insert malicious code, including viruses, or harmful data, into, our services;
H. Infringe our intellectual property.
FEES AND PAYMENTS
General
We require payment of a fee for use of certain features or functions of the Services (the “PRO Features”). You shall purchase a subscription (“Subscription”) for such use. When you purchase a Subscription (“Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your purchase (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
Subscriptions
BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO INITIATE RECURRING,NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we(or our third-party payment processor) will automatically charge you the Subscription fee posted on the Services, plus any applicable taxes, and other charges (the “Subscription Fee”) at the beginning of your Subscription, and then at the frequency thereafter that is indicated on the Services and/or in these Terms at the then-current Subscription Fee, using the Payment Information you have provided until you cancel your Subscription. If you purchase an annual Subscription or a lifetime Subscription, no less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, we will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or us. YourSubscription continues until cancelled by you or we terminate your access to or use of the Services orSubscription in accordance with these Terms. For the purposes of the lifetime Subscription, lifetime constitutes 10 years or until the date New Port LLC ceases to commercially offer the Services, whatever period is shorter. We make no warranties as to the expected duration of the lifetime Subscription and its related Services. You acknowledge and agree that the Services under the lifetime Subscription may change or terminate in the future. You may not assign, transfer, or resell in any way the lifetime Subscription to any other person. We reserve the right to revise the terms of or make changes to the lifetime Subscription by updating these Terms accordingly, provided that we will not shorten the duration of the lifetime Subscription specified above.
Free trial
From time to time, we may offer new Users free Subscription access to the PRO Features for a time period posted on the Services (a “Free Trial”). If you decide that you do not want to become a paying user of the Services, you must cancel the applicable Subscription twenty-four (24) hours before your Free Trial expires. If you do not cancel the applicable Subscription twenty-four (24) hours before your Free Trial expires, we will automatically charge you for the applicable Subscription pursuant to Section 5.2 above.
Cancelling your subscription
If you are dissatisfied with the PRO Features, you may cancel a Subscription for a full refund within two (2) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of completing a transaction, we reserve the right to cancel your Subscription for any reason; if we cancel your Subscription, we’ll refund any payment you have already remitted to us for such Subscription. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to dreamface@newportai.com You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges.
Copyright
Dreamface respects the intellectual property of others, and we ask our users to do the same. Dreamface will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement.
Third Party Services
Our service includes and links to features and services (including but not limited to, social applications like Facebook, Instagram) that are provided by a third party. We do not control such third-party sites or services and are not responsible for the content or functionality of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to the use of such third-party services will apply and we will not be responsible for anything that is done by you or the third party service provider in connection with your use of their service. Please note that we do not keep your private personal information like your account, ID, password and etc. on the third-party apps/websites in our services.
Advertising
We may deliver advertising to you in conjunction with your use of our services.
Indemnification
You hereby agree to indemnify and hold Dreamface, any of its officers, directors, employees, agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
Privacy Policy
Your privacy is very important to Dreamface. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.
Disclaimer of Warrenties
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitation of Liability
a) EXCEPT WITH RESPECT TO (I) LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS, (II) LIABILITY ARISING OUT OF FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) CUSTOMER’S INDEMNIFICATION OBLIGATIONS, NEITHER PARTY WILL HAVE ANY LIABILITY FOR (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGES; (B) LOST PROFITS OR REVENUE; (C) LOSS FROM DAMAGE TO BUSINESS OR GOODWILL; (D) LOSS OF DATA; OR (E) LOSS ARISING FROM INACCURATE OR UNEXPECTED RESULTS ARISING FROM THE USE OF THE DREAMFACE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
b) EXCEPT WITH RESPECT TO LIABILITY ARISING OUT OF (I) PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF A PARTY, ITS EMPLOYEES, AFFILIATES, OR AGENTS; (II) DREAMFACE INDEMNIFICATION OBLIGATIONS FOR AN IP CLAIM; OR (III) CUSTOMER’S INDEMNIFICATION OBLIGATIONS, AND SUBJECT TO SECTION 6(c) AND 6(e), IN NO EVENT WILL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THE AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND ITS AFFILIATES FOR THE DREAMFACE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. (THE “GENERAL CAP”). THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER’S AND ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER SECTION 8 (PAYMENT).
c) SUBJECT TO SECTION 6(a) AND 6(d), DREAMFACE AGGREGATE LIABILITY FOR ANY CLAIMS OR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH DREAMFACE BREACH OF ITS CONFIDENTIALITY OBLIGATIONS (SECTION 2(b)), DATA PROTECTION OBLIGATIONS (SECTION 2(c)) OR, WITH RESPECT TO THE PROVISION BY DREAMFACE OF THE PLATFORM SERVICES (AS APPLICABLE), THE SECURITY MEASURES SET FORTH IN SECTION 2.5 OF THE PLATFORM SCHEDULE, WHERE SUCH BREACH RESULTS IN UNAUTHORIZED DISCLOSURE OF CUSTOMER CONTENT, EXCEPT TO THE EXTENT SUCH CLAIMS OR DAMAGES ARE CAUSED BY DREAMFACE’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL BE LIMITED TO TWO (2) TIMES THE GENERAL CAP (“DATA PROTECTION CLAIMS CAP”).
d) IN NO EVENT SHALL DREAMFACE BE LIABLE FOR THE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA PROTECTION CLAIMS CAP. SIMILARLY, THOSE CAPS SHALL NOT BE CUMULATIVE; IF THERE ARE ONE OR MORE CLAIMS SUBJECT TO EACH OF THOSE CAPS, THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE SHALL NOT EXCEED THE DATA PROTECTION CLAIMS CAP.
Governing Law and Venue
The Agreement, and all future agreements you may enter with Dreamface, unless otherwise indicated on such other agreement, will be governed by the law of the State of New York, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Dreamface in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of New York, New York. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Acceptable Use and Moderation Policy
Effective from 1 March 2024
1 Introduction
At DreamFace, our Acceptable Use and Moderation Policy underscores our commitment to fostering trust, inclusivity, and creativity. This policy, which applies to your access to and use of our Services is designed to promote their safe, respectful, and inclusive use. Attempts to circumvent or violate this policy will not be tolerated. Violations of this policy may result in the removal of violative content or the suspension or termination of access to our Services.
2 Avatars
Avatars created on the DreamFace Services, including the content used to create such avatars, must respect the rights of others, including individuals depicted and only be used for permissible purposes. We offer a variety of avatar creation options, including public avatars from our library, photo avatars, and custom avatars, which include both instant and studio avatars.
2.1. Ownership, Consent and Violations
Ownership:As between us and you, you own the rights to photo, or custom avatars you create. You are responsible for ensuring that your creation, use, or sharing of the avatar does not violate any laws or rights of third parties or our Terms or Acceptable Use and Moderation Policy. This includes ensuring that the avatar is only created, used, or shared, in a manner consistent with the rights you have obtained to use the Avatar, including the consent of the person depicted in the Avatar or the holder of any rights in the depiction.
Consent for Custom Avatars:In the case of creating custom avatars, you are required to obtain the explicit consent of the individual being represented (the “Actor”). Unless explicit consent has been provided, creating avatars of other individuals is strictly prohibited. You are also responsible for ensuring that you have the consent of the Actor for your use or sharing of the avatar and any content generated based on the avatar. The Actor reserves the right to request removal of their likeness from our Services at any time. You are responsible for honoring any request by or on behalf of an Actor to remove content depicting the Actor wherever you have published such depictions. An Actor may also contact our moderation team at dreamface@newportai.com to request removal of content depicting them from our Services.
2.2. Prohibited Avatars
To maintain a safe and respectful environment on our Services, the creation of certain types of avatars is strictly prohibited. This includes avatars that:
3 Video Content
Video content created on the Services must respect the rights of others, and only be used for permissible purposes.
3.1. Non-Permissible Content
Non-permissible content refers to any video content that is not allowed to be uploaded to or generated using our Servicesunder any circumstances. This includes, but is not limited
3.2. Conditional Content
Conditional content refers to types of content that are generally allowed to be uploaded to or generated using our Services, but with certain restrictions. These types of content can be sensitive and may involve themes or subjects that could potentially cause discomfort, disagreement, or distress. Such content can be created using custom avatars only. DreamFace in its sole discretion may determine whether content is Conditional or Non-Permissible content. Conditional content includes, but is not limited to:
4 Video Content
At DreamFace, we utilize a two-pronged approach to content moderation to promote the upload and creation of content permitted under the terms described above.
4.1. Automated Review
We use automated moderation tools, powered by machine learning algorithms, to scan and flag content uploaded to or generated using our Services that is potentially non-permissible.
4.2. Email Reports
If you believe that content uploaded to or created using our Services contains non-permissible content, please email us at dreamface@newportai.com with: a link to or copy of the content; a brief description of the reason you believe the content is not permissible under this policy; and contact information to reach you regarding your communication.
4.3. Manual Review
Any content, including content flagged through the processes described above may also be reviewed by human moderators.
4.4. Decision and Enforcement
If content is found to breach our policies, DreamFace may, in its sole discretion, taking into account the severity of the violation: remove the content or prevent the generation of the content on our Services; notify the user about the decision; temporarily or permanently suspend the user’s access to our Services; report the content to legal authorities; or such other actions as DreamFace determines may be appropriate under the circumstances.
4.5. Appeals Process
Users can appeal moderation decisions they believe to be unfair by emailing us at dreamface@newportai.com and providing: a description of the content that was deemed to violate this policy; a description of the reason that you believe this decision was in error; contact information regarding your appeal. DreamFace will review and respond to appeals in its sole discretion. The submission of an appeal does not guarantee that you will receive a response. Where possible, appeals will be reviewed by a moderator that was not involved in the original decision.
5 Updates and Changes to the Acceptable Use and Moderation Policy
DreamFace may revise these guidelines from time to time, including, but not limited to, modifications in response to: technical advancements, societal changes, legal requirements, or user feedback.
When changes are implemented, they come into effect immediately upon being posted on this page, and your continued use of our Services constitutes acceptance of this policy, including any modifications. If we make material modifications to this policy we will make reasonable efforts to communicate the changes to you, such as via email or notifications on the Services.
Users are encouraged to review this section periodically for any updates.
6 Contact
NEW PORT LLC is the controller of your personal information. If you have any questions about our privacy practices or this privacy statement, or to exercise the rights detailed in this privacy statement, please contact us at dreamface@newportai.com
Contact In App
If you have any questions regarding these terms, please use our customer service and give your feedback by clicking “Setting”- “Contact Us” in the Dreamface.
NEW PORT LLC
1100 Industrial Rd, Unit 9, San Carlos, CA 94070, United States
dreamface@newportai.com