Terms and Conditions
Thank you for visiting the Dream Marriage website! We pride
ourselves on being a premier, personalized, online international marriage
agency where our members' satisfaction is our primary focus. Because we are
committed to protecting our users and our sites and services, we require you to
abide by the following terms governing your use of our site,
www.dream-marriage.com (and any other Uniform Resource Identifiers we may use
to provide the services described here; collectively we'll refer to them as the
"Site"). These terms constitute the "Agreement" between us. IF YOU DISAGREE
WITH ANY OF THE TERMS OF THIS AGREEMENT, EXCEPT AS EXPRESSLY SET FORTH HEREIN,
WE DO NOT GRANT YOU PERMISSION TO USE THE SITE.
The Site is and managed by Dream World Partners, Inc. ("we,"
"us," and "our"). By clicking the checkbox next to the text "I agree to the
Terms and Conditions" or by using the Site, you accept this Agreement, the text
of which is linked to from the "Terms and Conditions" link accompanying the "I
agree" checkbox and on the bottom of the Site's pages. In accepting this
Agreement, you agree that you will be referred to as "you," "your," and
"yourself" throughout. You further represent and warrant that you have the authority
to enter into this contract, which shall be binding on you and your agents,
assigns, and successors. We may update this Agreement from time to time without
notice to you; you can always review the most current version of the Terms
& Conditions agreement at any time at:
herein (§ 3), is effective as of November
An independent company located outside the U.S. that acts as
your agent and facilitates the process of complying with the IMBRA in the event
you seek direct contact by U.S. citizens and residents with non-U.S. citizens
Our intellectual property, including but not limited to, our
logos, trade names, service marks and trademarks, and those for which we have a
license to use. "Dream Marriage" is a Service Mark, Registered with the U. S.
Patent and Trademark Office.
The International Marriage Broker Regulation Act of 2005
contained in the Violence Against Women and the Department of Justice
Reauthorization Act of 2005.
Each and every service we offer.
All of our software and hardware and all supporting
Any person, organization, or business entity providing
dating and/or matchmaking services in competition with us, including any
agents, representatives, partners, affiliates, subsidiaries, employees,
independent contractors, joint venturers, and/or consultants of any such
person, organization, or business entity.
One dollar ($1.00) in United States of America ("U.S.") currency,
valued at the daily monetary exchange rate on the foreign exchange market as of
the date at which any financial obligation hereunder arose.
You may not access the Site or utilize our Services:
If you have not yet reached 18 years of age, or
a sufficient age to legally consent to this Agreement in your jurisdiction,
whichever is greater;
If you are a convicted sex offender;
If you have a felony conviction or the
equivalent in any jurisdiction;
If you have been convicted of any crime of moral
If you are not a natural person utilizing our
Services solely for your own personal use and in good faith.
2.2. Consent to
Before you may use any of our Services, you must read and
agree to comply with this Agreement and understand and accept that this
takes effect the moment you access the Site or
use any tools or Services we provide;
contains all terms and conditions of your
relationship with us and your use of our Services;
may only be amended or modified by us, unless we
agree otherwise in writing with you;
may be amended or modified by us at any time and
all such changes shall take full effect as soon as they are posted on the Site,
with your continued use of our Services as irrefutable proof of your consent to
the terms and conditions of the most current version of this Agreement;
generally prohibits you from copying, modifying,
or distributing any information, rights, or content, including our copyrights
and trademarks, from our Site, specifically including dream-marriage.com,
Services, and/or System;
is the entire and only agreement between you and
shall only terminate under the conditions
provided for herein; and
does not in any way create an agency,
employee-employer, franchisor-franchisee, joint enterprise, joint venture, or
partnership relationship between you and us.
Protecting your privacy is very important to us;
so we do not sell your personal information and will only use it for obvious,
legitimate business purposes, as set forth below.
We may offer you opportunities to communicate
with third parties. Please remember that we do not control or guarantee in any
way the safety of the content on websites not operated by us and any
information that is disclosed in these areas becomes public information, and
you should exercise caution when deciding to disclose any personal information.
We follow established security procedures to
keep your personal information safe from unauthorized third parties.
You alone are responsible for maintaining the
security of your account access information - i.e., username, password and
You alone are responsible for confirming the
accuracy of your personal information that we use to contact you, and the
security and integrity of your personal email account(s). Any email message(s)
we receive that appear to be from the email address we have on file for you
shall be deemed to have been sent by you or your duly authorized agent with
full authority to act on your behalf.
Through your use of our Site and Services, we
collect your name, address, telephone, email address and credit card
information. We use this information to contact you when necessary, process
payment for your use of our Services and to confirm your identity when you
contact us. We also generate profiles of our users (via transparent GIFs,
cookies, and logfile analysis) so that we can better determine what Services
and System adjustments will optimize your experience with our Site.
We may share your personally identifiable
information, as necessary to provide you with access to our Site and Services,
with the following categories of third parties: Credit card or other payment
processors; web analytics and web traffic analysis providers; and anti-fraud
In the event that any government agency of any
nation requests your personal information due to an investigation regarding any
illegal conduct on your part, we will release your personal information to that
agency upon their request. In the event that we believe you have violated the
law of any jurisdiction, we will report the same to the relevant law
enforcement agencies and release your personal information to them. In the
event that any third party subpoenas your personal information regarding a
civil matter on file in any jurisdiction, we will honor that subpoena and
release the requested information accordingly.
3.3. Changes to
change in the Effective Date (- 1.1. ). It is your responsibility
to periodically check this page for updates to this Agreement, including this
(§ 1.1. ).
We may change our fee schedule at any time and the new fee
schedule shall be enforce immediately upon publication of the same on our web
site or upon notice to you via email.
All memberships are provided on a monthly, recurring basis
and will be automatically renewed one month from the date of your most recent
membership fee payment, unless you notify us, in writing, at least seven
calendar days before your current membership expires that you do not wish to renew
your membership. All memberships are sold on a monthly, recurring basis. Your
credit card will be charged a membership each fee each month unless you cancel
your membership as set forth herein.
We will make three attempts to charge your credit card on
file with us for the purpose of collecting all outstanding service fees and
then to renew your membership at the current level; your membership will
default back to the introductory level if we are unable to collect all
outstanding service fees and/or the renewal fee for your current membership
No fees shall be refunded and all sales are final. We shall
charge you a one hundred dollar ($100) administrative fee for every chargeback
you initiate on charges for payment to us. Please direct any billing questions
to us via the "Contact Us" form linked to on the Site's webpages.
Marriage Broker Regulation Act
If you are a U.S. citizen or resident seeking to obtain
personal information about or meet personally with a non-U.S. citizens or
residents, you hereby agree to fully comply with all provisions of the IMBRA,
including the requirement that you not make direct contact with the non-U.S.
citizens or residents until you have completed the procedures required by the
You understand and hereby agree that all use of our Services
by you is conditioned upon your continuing full compliance with the IMBRA and
particularly with the information notification and release requirements.
Once you have fulfilled all IMBRA related requirements, we
may in our sole discretion put you in contact with a Facilitator to assist with
background information notification and release requirements so that you may
eventually directly contact non-U.S. citizens or residents.
The Facilitator provides us with, and we maintain, secure
electronic copies of all information, forms and documents you and the non-U.S.
citizen have given the Facilitator for the purpose of complying with IMGRA
We may offer you the opportunity to pay for membership at
various levels with each level priced differently and granting you the
opportunity to make use of a greater number of our Services.
Members only pay for their particular membership level and
fees at all levels shall be recurring; see § 4 for more details.
We may cancel your membership or lower your membership level
if we determine, in our sole discretion, that you have violated the terms of
this Agreement or the law of any jurisdiction, or have engaged in any
fraudulent or misleading conduct or communications with any site member or with
You may cancel your membership and/or remove your profile by
visiting the Account Options page located on the home page once you login. Your
cancellation shall take effect within twenty-four (24) hours.
and Right to Remove
We may review, and may delete, any content you post on the
Site or utilizing our Services or System if we determine, in our sole
discretion, that the content violates the rights of others or is otherwise not
appropriate for the Site.
By submitting photograph(s), audio-visual works,
text, or other materials (your
"Materials") to the Site, you acknowledge and agree that these Terms and
Conditions, including this § 7.2.
Assignment of Copyright, apply to your
submission and our use of the Materials.
We want you to understand clearly what You are
agreeing to. By submitting Your Materials and clicking on the box next to "I
agree," you hereby irrevocably grant us, in perpetuity, throughout the
universe, in all media now known or hereinafter devised, a non-exclusive
license to any and all of your rights, title and interest in these Materials,
without reservation, including the copyrights in these Materials, and further
including any moral rights, for the entire duration of any applicable copyright
term, including any extensions subsequently enacted in any applicable
jurisdiction, and any rights of publicity based on the Materials, for us to reproduce,
prepare derivative works based on, distribute copies of, publicly display
and/or publicly perform, or otherwise use, the Materials for any lawful
purpose. To the extent any applicable law prohibits assignment of moral rights,
you agree to waive any such rights as between you and us. We require this license
of rights so that we can publish and display these Materials as part of our
Website and related services. In addition, so that we can identify you
properly, you grant to us a limited, royalty-free, non-exclusive, irrevocable,
right to use your name, likeness, and biographical information, throughout the
universe, in connection with the use of the Materials described herein. Any
such use is, of course, subject to and limited by this Agreement including the
You understand and agree that you will not have
any right of approval over the use of the Materials pursuant to this Agreement
and you will not receive any additional compensation as a result of any use of
the Materials or the rights granted pursuant to this agreement beyond the
opportunity to use our Site and Services.
You agree that we will not be liable
for any harm or loss that may occur in connection with:
Any act or omission by you or your agent,
whether authorized or unauthorized;
Your use, or inability to use, our Site and/or
Any public or private information, whether
accurate, inaccurate, or fraudulent, provided by you or any non-U.S. citizens
Access delays or access interruptions to our
Site and/or Services;
The failure to deliver or erroneous delivery of
Events outside our control, including but not
limited to any lack of compatibility between you and any non-U.S. citizens or
residents are compatible;
Your failure to pay us any applicable fees;
Any actions, orders or judgments of
administrative, judicial and other governmental bodies.
8.2. In General
Our limitation of liability, specifically including
but not limited to § 8.1.3, extends to occurrences
beyond your use of the Site and/or Services that arose from such use, i.e.,
during trips by you or non-U.S. citizens or residents;
We shall not be liable to you or anyone else for
delays in or failures to perform our obligations under this Agreement that
directly or indirectly result from events or causes beyond our reasonable
control including, but not limited to: hardware or software failures, other
equipment failures, electrical power failures, labor disputers, strikes, riots,
hurricanes, fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or administrative bodies, or the
non-performance of third parties.
We shall not be liable for any direct, indirect,
consequential, incidental, special or exemplary damages of any kind, including
but not limited to lost: profits, goodwill, use, data or other intangibles
whether in contract, tort or negligence even if you we are aware of the
possibility or probability of such damages.
If we are deemed liable to you by a competent
court, our maximum possible liability to you for any reason shall not exceed one
hundred dollars ($100).
We are not liable for any losses, damages or
injury regarding any domestic or international travel that you or any third
party engages in for any reason. You are solely responsible for all travel
costs, fees and taxes. We do not offer travel services and are not a travel
Indemnification of Us
You agree to DEFEND, INDEMNIFY and HOLD HARMLESS us and our
members, officers, employees, affiliates and agents, from and against any and
all liabilities, losses, damages or costs, including all attorney fees,
collection fees and court costs, related to any demand or litigation in any way
Your use of our Site and/or Services;
Your interactions, or attempts to interact or
meet, with non-U.S. citizens or residents;
Your breach of this Agreement;
Inaccurate or fraudulent information provided by
you or a non-U.S. citizen or resident;
The cancellation of your membership or lowering
of your membership level;
Infringement of any third-party rights arising
from your use of our services; or
Any loss, damages or injury that you sustain
regarding your interaction with any person you meet via our site
9.2. We Have No
Responsibility for Third Parties
We do not guarantee or indemnify any losses, damages or
injuries that you may sustain through your interaction with any person that you
meet via our site. We are not responsible for any funds or valuables that you
might give to any third person, and we do not guarantee that any person you
meet via this site will agree to have contact with you. All persons that you
meet via our site are free to discontinue contact with you at any time. Please
use all common sense regarding your interaction with any person that you meet
or contact via this site and be reasonably cautious in all your dealings with
any person that you meet or contact via this site.
You Represent and Warrant That:
information you provide to us and the Facilitator is complete, accurate and you
will update your information within ten (10) calendar days after it becomes
will not directly or indirectly infringe the legal rights of third parties or
our Licensed Materials;
of your agreements with us are entered into in bad faith and none of the
information or documents your provide to us contain fraudulent or otherwise
meet all of the requirements (e.g., age, felony convictions, etc.) set forth in
§ 2.1. ;
have the right to grant us all the rights granted herein (e.g., as set forth in
§ 7.2. ), and that any Materials
submitted by you are owned by you and are not owned by or exclusively licensed
to any other person or entity;
any the Materials submitted by you, the creation of such Materials, and the use
of those Materials, do not violate any law or regulation and do not infringe
the rights of any person or entity, including, but not limited to, any
copyright and/or rights of privacy or publicity;
are not a Competitor;
are using the site non-commercially, for the purpose of facilitating Your
meeting and interacting with other users of our Site and/or Services; and
10.2. No Other
the extent permitted in any relevant jurisdiction, we make NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND in connection with this Agreement.
10.2.2.WE EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THE SITE AND
OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10.2.3.We do not warrant that
our Services will meet your requirements, be uninterrupted or error free, or
that they will meet with your satisfaction.
10.2.4.We do not make any
warranties or representations regarding use, correctness, accuracy, or
10.3. You agree
use the Site and our Services at your own discretion and risk;
10.3.2.You use our Services on
an "as-is," "where-is" and "as-available" basis;
10.3.3.You alone are
responsible for any damage to your hardware and/or software, or loss of data,
in any way related to your use of the Site or our Services;
10.3.4.Neither we nor our
members, officers, employees or agents shall have any liability to you; and
advice or information, whether oral or written, obtained by you from us, shall
create any warranty not expressly stated in this Agreement.
Revocation, Termination, And Cancellation
11.1. Cure of Breach
11.1.2. If you fail to cure the breach within
such 5 day period, we will have no further obligation to you and may terminate
your membership and/or seek any other remedy available at law or in equity
including but not limited to obtaining an injunction or specific performance.
Notice of Action Against Your Account
Except as otherwise specified in this
Agreement, notice of our actions pursuant to this Agreement will usually be
provided to you within fifteen (15) calendar days following the taking of such
§ 11.1.1 above, in the event that you materially
(in our sole discretion) breach any provision of this Agreement, we reserve,
and you agree that we shall have, the right, to immediately terminate your use
of our Site, Services, and System, at our sole discretion.
the event such a breach occurs by you, we may post on the Site that you have
violated our terms and conditions of service.
Notwithstanding any other provision in
this Agreement, you acknowledge and agree that: (a) any violation of the
Scraping provisions (§§ 2.2.5, 10.1.9), above, is per se an unauthorized access within the
meaning of 18 U.S.C. § 1030 (an "Access Violation") and other similar federal
and state laws; (b) we are not obligated to provide, and will not provide, any
notice or period in which to cure any Access Violation breach of this
Agreement; (c) any Access Violation shall obligate you to pay us liquidated
damages of five thousand dollars ($5,000); (d) you acknowledge and agree that,
notwithstanding any other provision herein, any Access Violation would cause
irreparable harm for which damages are an inadequate remedy, and that therefore
we shall be entitled, in the event of any Access Violation, to specific
performance and injunctive or other equitable relief, without bond, in addition
to all other remedies available at law; and (e) the five thousand dollar
($5,000) loss requirement of 18 U.S.C. § 1030 shall be waived for the purpose
of any civil action we elect to bring against you.
In the event we determine that you
have or continue to violate this Agreement or the law of any jurisdiction, we
reserve the right to bring a civil action against you seeking monetary damages
and/or equitable remedies (including without limitation injunctive relief and
specific performance), and/or refer your activities to appropriate law
enforcement agencies for potential criminal prosecution. In connection with
such activity we may, as set forth herein, use your personally identifying
information to collect all pending and applicable fees and other amounts due,
including sharing such information with debt collectors and our attorneys, as
the costs and attorneys' fees of such action, as set forth below (§ 12.7. ).
The following Sections will survive
any termination of this Agreement:  Definitions;  Conditions;  Privacy; [4.3. Outstanding Fees and [4.4. No Refunds or Chargebacks;  Posted Content;  Limitation Of Liability;  Indemnity;  Representations And Warranties; and  Miscellaneous.
notices from us to you shall be sent to your current email address on file with
us and will be deemed delivered, and notice thus provided, when sent to the
e-mail address then on record with us, even if such email address is no longer
valid. It is your responsibility to keep your email address updated.
In the event that one or more provisions of this Agreement
is deemed unenforceable or invalid, the unaffected provisions of this Agreement
shall continue in effect, and the unenforceable or invalid provisions shall be
amended or replaced by us with a provision that is valid and enforceable and
which achieves, to the greatest extent possible, the objectives and intent of
the original provisions.
Except as otherwise set forth herein, this agreement
constitutes the entire agreement between us and you with respect to the subject
matter of the agreement and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral; this Agreement shall
not be modified, except expressly in a writing signed by all parties; any such
writing shall be titled "Modification to Terms and Conditions" and such title
shall be displayed prominently.
Should you wish to modify this Agreement before agreeing to
be bound by it, or at any time thereafter, please send your proposed
modifications to our offices, attention Legal Department, at the address
provided herein for notices (§ 12.1.2). We may, in our sole
discretion, refuse to adopt any proposed modifications.
We reserve the right to change, from time to time, the terms
of this Agreement. Any such revised or amended Agreement shall be posted to the
Site, and we may also provide notice of the new Agreement as specified herein.
The most current version of this Agreement will supersede all previous versions
of this Agreement. Your continued use of the Site, Services, or System
subsequent to the effective date of any new Agreement will constitute your
acceptance of and agreement to such Agreement.
Our failure to require your performance of any provision of
this Agreement shall not affect our right to require subsequent performance at
any time of the same provision.
Law and Venue
This Agreement shall be construed as if both parties jointly
wrote it, governed by the state and federal law and precedent of the State of
California without regard to any conflict of laws provisions, and any cause of
action arising under or relating to this Agreement must be brought in the state
and federal courts of Los Angeles County, California, specifically, the Los
Angeles County Superior Court and the United States District Court for the
Central District of California, and you agree to submit to the exclusive
personal and subject matter jurisdiction thereof.
No Third Party Beneficiaries
Except as otherwise expressly set
forth herein, there shall be no third-party beneficiaries to this Agreement.
Any assignments made by you of your rights or obligations hereunder are void
unless consented to by us in writing. We reserve the right to assign our rights
and obligations hereunder, at our sole discretion.
Within 60 days of the date of any event giving rise to a
dispute, you must notify us in writing of such dispute, including a dispute
over any charges and any services we provided, or you will have waived your
right to dispute the charge or such services, or to bring or participate in any
legal action raising any such dispute.
If we reasonably decide to retain an attorney or debt
collector to enforce this Agreement, the prevailing party will be entitled to
an award of all reasonable fees and costs, including reasonably incurred
attorney fees, administrative fees, and technical fees, regardless of whether a
judgment is rendered or suit is ever filed.