The effective date of this Terms of Use is 11.28.2019

Please read carefully the following provisions of these Terms of Use (“Terms”). This is a legal agreement between you and StreamDream, an Israeli company (“We”) regarding the use of our online services (including mobile and website services) (collectively, “Stream Dream” or “Stream Dream Service”) by end users (“You”).

By using Stream Dream in any way, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS, AS WELL AS TO COMPLY WITH THE PRIVACY POLICY. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THESE TERMS YOU ARE REQUIRED TO IMMEDIATELY CEASE ANY USE OF THE STREAM DREAM SERVICE.

Stream Dream reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Stream Dream Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Stream Dream grants you a personal, revocable, non-exclusive, non-transferable, limited privilege to enter and use the Stream Dream Service.

General Use Provisions.

Stream Dream is an online service that curates musical playlists, DJ sets, podcasts and other content in various genres (“Services”) by using Spotify (“Spotify”), a music streaming service provided by Spotify Technology S.A.

For the avoidance of any doubt, our Services are separate and are not part of any Spotify service, are not endorsed or otherwise promoted by Spotify, and our services form an independent service. In addition, You will need to comply with the terms of service of Spotify and We will have no responsibility or obligation with respect to Your use of the services offered by Spotify.

All content on Stream Dream, including (but not limited to) all playlists (as compilations), written material and code (“Content”), is proprietary to Stream Dream and is protected pursuant to international laws, including copyright and trademark laws. You may not copy, reproduce, modify, republish, transmit or distribute any material from Stream Dream without our express written permission.

It is hereby clarified Stream Dream is not the author or proprietor of the master recordings and any underlying right (such as copyrights and performers rights, including any moral rights) and such rights belong to their lawful proprietors (“Third Party Rights”). Our Services do not include and these terms will not be construed as granting any license to use or exploit any of the Third Party Rights and any use or exploitation (such as without limitation public performance, synchronization, reproduction etc.) which require the consent, authorization or license of the rights holders or owners should be sought directly by You and Stream Dream shall have no responsibility for any unauthorized use of Third Party Rights.

Except where expressly provided otherwise by Stream Dream, nothing on Stream Dream shall be construed to confer any license or ownership right in or to the Content, under any of Stream Dream intellectual property rights, whether by estoppel, implication, or otherwise.

It is expected that all users of Stream Dream will comply with applicable intellectual property laws, including copyright and trademark laws. However, if we are notified of claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity.

Stream Dream respects Copyright. If you suspect that your rights were infringed, please submit you claim here.

Any unauthorized use of any of the Content on Stream Dream may violate copyright laws, trademark laws, laws relating to fair trade, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws.

License.

We grant you a personal, revocable, limited, non-exclusive, nontransferable license to use the Stream Dream Service according to these Terms. We reserve the right to modify or discontinue, temporarily or permanently, the Stream Dream Service for any reason, at our sole discretion, with or without notice. Notwithstanding any provisions of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Stream Dream Service, and to block or prevent future access to the use of the Stream Dream Service for any reason or no reason. Upon termination, these Terms will continue to apply.

Reference Sites.

The Stream Dream Service provides links, embeds or references third-party web sites (collectively: “Reference Sites“). Stream Dream neither endorses nor is responsible for any such Reference Sites, including Spotify, and is not liable to any damages that may be incurred to you or any third party by your use of such Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

We encourage you to read the terms and conditions and privacy policy of all Reference Sites. In addition, your correspondence or business dealings with Reference Sites and/or advertisers found on or through Stream Dream are solely between you and them. Stream Dream will not be liable for the unreliability or inaccuracy of any information obtained through those Reference Sites.

Limits of Your Use / Compliance with Laws.

You must use Stream Dream only for a lawful purpose.

You must not take any action that may compromise the security of Stream Dream, make Stream Dream inaccessible to others, or cause damage to Stream Dream. All of this, including its organization, selection, and arrangement, as well as various software or programming within or related to Stream Dream, belong to us.

You must comply and adhere to any laws in any jurisdiction applying to you, including without limitation copyright laws, trademark laws, laws relating to fair trade, the laws of privacy and publicity, communications regulations and statutes, securities laws and/or laws relating to cryptocurrencies.

Limitation of liability.

In no event shall Stream Dream or its agents or assignees be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with this agreement, including but not limited to accessing or use of, or inability to use, the Stream Dream Service and the services associated therewith including but not limited to the downloading of any materials, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from which damages are being sought or any of its agents or assignees have been previously advised of the possibility of such damages. The limitation of liability set forth in this section shall not apply in the event of your breach, or related to your indemnity obligations. This paragraph shall not affect the rights listed below in the section titled “Indemnities”.

Disclaimer of Warranties.

Except where expressly provided otherwise by Stream Dream, the Stream Dream service is provided “as is,” and is for use as contracted herein. Except for the express warranties set forth herein, Stream Dream hereby disclaims all express or implied representations, warranties, guaranties, and conditions with regard to the Stream Dream service and the goods and services associated therewith including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and quality of goods and services except to the extent that such disclaimers are held to be legally invalid. Stream Dream makes no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Stream Dream service and the goods and services associated with the Stream Dream service . Without limiting the generality of the foregoing, Stream Dream does not represent or warrant that (a) the operation or use of the Stream Dream Service will be timely, secure, uninterrupted or error-free; (b) the quality of any products, services, information, or other material you obtain through the Stream Dream service will meet your requirements; (c) the goods, services, or the systems that make the Stream Dream service available are free of viruses or other harmful components; (d) that the service provided by Spotify will continue to operate at all or in any manner desired or useful to you and we take no responsibility for the operation of the services offered by Spotify. You acknowledge that Stream Dream does not control the transfer of data over communications facilities, including the internet, and that the Stream Dream service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Stream Dream is not responsible for any delays, delivery failures, or other damage resulting from such problems. Except where expressly provided otherwise by Stream Dream, the Stream Dream Service and the services associated therewith are provided to you on an “as is” basis. For the avoidance of doubt, it is hereby clarified that the Stream Dream expressly disclaims any warranty related to the quality of goods and/or services and the persons or businesses referenced on Stream Dream.

Indemnities.

You agree that you are personally responsible for your use and behavior while using Stream Dream Service. You agree to indemnify, defend and hold harmless Stream Dream, its personnel, subsidiaries, affiliated companies, franchisees, licensees, joint ventures, business partners, licensors, suppliers, employees, agents, and hosts of Stream Dream Service and third-party information providers from and against all claims, liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), including reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of your visit, use, misuse, inability to use or interruption in service of Stream Dream Service or any violation by you of these Terms or of any law.

Miscellaneous Provisions.

Any action related to this Agreement will be governed by Israeli law. All disputes arising out of or relating to these Terms, shall be resolved exclusively by the Courts of Tel-Aviv, Israel.

These Terms represent the entire understanding relating to your use of the Stream Dream Service and supersede any prior or contemporaneous, conflicting or additional communications. Stream Dream reserves the right to change these Terms or its policies relating to the Stream Dream Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular portion of the Stream Dream Service, which may be posted from time to time.

Your continued use of the Stream Dream Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s) to the fullest extent permissible under any law, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Stream Dream and you as a result of these Terms or use of the Stream Dream Service. You may not assign your obligations hereunder without the express prior written approval of Stream Dream. Any purported assignment in violation of this section shall be void. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, including the interpretation, performance thereof (or the like), the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Stream Dream.