Terms of Use — The Big Dream

Last Revised March 22, 2022

The following are the terms and conditions of use (the "Terms") under which you (a "User") may use the web site of Dream Application Ltd. (the "Company") at www.big.drea.me and/or any other addresses (any or all of which are herein referred to as the "Web Site"). By using the Web Site, you agree to be bound by the Terms. Please review the Terms carefully. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. If you do not agree to these Terms, you should not use this site.

In addition to these Terms, specific rules may be provided with respect to transactions conducted on or in connection with the Web Site, and other rules may be provided for the use of certain other items, areas or services provided on or in connection with the Web Site. You agree to be bound by such rules.

BY ACCESSING, VISITING , BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE (THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN AS THE “AGREEMENT”). THE COMPANY RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU. IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEB SITE.

Section 1. Privacy; Submissions by Users; Dream Entries

When using our Site, you shall be subject to any posted policies, guidelines or rules applicable to use of the Site and any service provided by the Site, including, but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Use. The Company is committed to maintaining your privacy. The Company does, however, gather certain information that you provide to the Web Site. For information regarding the Company's policies for using User information please read our Privacy Policy.

The Company may provide certain forms and pages within the Web Site designated as open to public access or to our Users at large (each of which is referred to herein as a "Public Area"). Generally, any communication that you post to a Public Area (such as the Dream Submission Form) is considered to be non-confidential.

By posting a communication to any Public Area, you grant the Company a royalty-free, irrevocable non-exclusive, perpetual license to use, modify, reproduce, edit, publish, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.

FOR CLARITY, BY ENTERING YOUR DREAM ONTO THE SUBMISSION FORM, YOU GRANT THE COMPANY A ROYALTY-FREE, IRREVOCABLE NON-EXCLUSIVE, PERPETUAL LICENSE TO USE, MODIFY, REPRODUCE, EDIT, PUBLISH, TRANSLATE, DISTRIBUTE, PUBLICLY PERFORM, AND PUBLICLY DISPLAY THE DREAM AND YOUR NAME, LOCATION, AND LIKENESS THEREIN ALONE OR AS PART OF COMPILATIONS OR OTHER WORKS IN ANY FORM WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, AND TO SUBLICENSE SUCH RIGHTS.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other users will be at your own risk. The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not perform any of the following acts while using or accessing the Web Site or the Material: (1) post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (2) post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights ("Rights") therein, or have the permission of the owner of the Rights to post or transmit such material to the Web Site; (3) post advertisements or solicitations of business; (4) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (5) impersonate another person or entity; (6) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Web Site or the Material; (7) post or transmit any chain letters or pyramid schemes; (8) post sexually-explicit language or images; or (9) post or transmit any information containing a virus or other harmful component.

If the Company is notified by a User of communications that allegedly do not conform to any term of this Agreement, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or non-performance of such activities. The Company reserves the right, in its sole discretion, to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal or disruptive. The Company also reserves the right at all times to disclose any information as necessary or deemed desirable by the Company to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion.

YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK. THE COMPANY DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT OR COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS.

We respect children’s privacy. We do not target or knowingly or intentionally collect personal data from children under the age of 13. By using the Site, you have represented and warranted that you are either at least 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, you may not use the Site. If you become aware that your child has provided us with personal data without your consent, please contact us at info@dreame.me and we will endeavor to delete that information from our databases.

Section 2. The Material on the Web Site

The content of the Web Site includes a wide range of visual art that some may consider offensive, as well as access to links to third-party website hosting sales of non-fungible tokens (“NFTs”) that may be inappropriate for minors to have access to. If you allow your child to use your computer, it is your responsibility to determine whether the content displayed on the Web Site is inappropriate for your child, and to control the child's use of the computer accordingly. If you find offensive content of the type referred to above, you should not use the Web Site.

The contents of the Web Site, such as graphics, data, images, audio, text, video, coding, scripts, computer programs and other material ("Material" or "Materials"), are protected by copyright under the laws of the State of Israel as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. The Company authorizes you to view the Material solely for your personal, non-commercial use. All rights in and to the Material not expressly granted to you in the Agreement are reserved. Neither the availability of, nor anything contained within the Web Site shall be construed as conferring any license under any of the Company's or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.

You may not sell, prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. Unauthorized use of the Material may violate copyright, trademark, and other laws. The use of the Material or any portion thereof on any other web site, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of the Web Site without the express prior written permission of the Company is strictly prohibited. With respect to any copy you make of the Material within the scope of the limited personal license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Material. The trademarks, logos and service marks (the "Marks") displayed on the Web Site are owned by the Company or third parties. You are prohibited from using the Marks without the express, prior written permission of the Company or such third party. If you would like information about obtaining the Company's permission to use the Material on your web site, please email info@dreame.me.

You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of the Company and the Company may terminate your use of this website at any time.

If you violate any provision of the Agreement, your permission to use the Material and the Web Site automatically terminates and you must immediately destroy any copies you have made of the Material.

The Company respects the intellectual property rights of others and expects our users to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, Dream Application Ltd. has implemented procedures for reporting instances of copyright infringement.

If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through access of use of the Web Site infringes your copyrighted work, you may submit a notice of copyright infringement by filling out our online form, located at info@dreame.me.

Alternatively, you may send a written notice of copyright infringement to our designated agent, whose contact information is listed below:

Attn: Dream Application Ltd. Legal

13 Burla Yehuda Tel Aviv-Jaffa, Israel 6936413,

info@dreame.me

The notice of copyright infringement should provide the following information:

1. A clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such works).

2. A description of the material on our site that you claim is infringing.

3. Information reasonably sufficient to permit us to locate the allegedly infringing material (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).

4. Your contact information, including your address, telephone number, and an e-mail address.

5. A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

7. Your physical or electronic signature (typing your full legal name is sufficient).

Please be aware that, pursuant to 17 U.S.C. § 512(f), you may be liable for any damages—including costs and attorneys’ fees incurred by us or our users—if you knowingly materially misrepresent that content or activity is infringing. You may therefore wish to seek the advice of legal counsel before submitting a notice of copyright infringement.

Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the Complainant’s contact information, to the user who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, Dream Application Ltd. will immediately notify the user that the content has been removed or disabled.

It is also the policy of the Company, in appropriate circumstances and in our sole discretion, to suspend or terminate the accounts of users who are repeat copyright infringers.

If you believe that a notice of copyright infringement has been wrongfully submitted against you, you may file a counter-notification with the Company’s designated agent via info@dreame.me or by sending a written counter-notification to the address above.

The counter-notification should contain the following information:

1. Your name, mailing address, telephone number, and e-mail address.

2. The material removed or to which access has been disabled and the location at which the material previously appeared (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).

3. A statement, 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.

4. A statement that you consent to the jurisdiction of the Federal District Court: (i) in the judicial district where your address is located, or (ii) in State of Israel, if your address is located outside the United States, and that you will accept service of process from the Complainant who submitted the notice of infringement or his or her agent.

5. Your physical or electronic signature (typing your full legal name is sufficient).

Upon receipt of a valid counter-notification, Dream Application Ltd. will promptly forward a copy to the Complainant who submitted the notice of infringement. If the Complainant does not notify us, within ten (10) business days, that he or she has filed a legal action relating to the allegedly infringing material, we will restore the material to our site within 10–14 business days.

Section 3. Links to Third-Party Sites

The Web Site may contain links to external third-party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Section 4. Liability Disclaimers

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you. The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular sale, the Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Advice received via the Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Some Material on the Web Site is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Section 5. Disclaimers of Certain Damages

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF THE WEB SITE. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY PROVISION OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Section 6. Indemnity

You agree to indemnify, defend and hold the Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

Section 7. General

The Company makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the State of Israel. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the State of Israel, you are responsible for compliance with the laws of your jurisdiction.

The Web Site is based in the State of Israel. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Israel applicable to contracts entered into and performed within the State of Israel without respect to its conflict of laws principles. By using the Web Site, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Web Site shall be within a court of competent jurisdiction within the State of Israel. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of this Agreement is found to be invalid by any court having competent 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. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.