General Terms of Use Dreamx Limited
1. General
1.1. These General Terms of Use (the “Terms“) apply to the mobile applications (“App(s)” or “Service(s)”) provided by Dreamx Limited.
1.2. The precise system requirements and the full scope of functions of each App are found in the product description on the distribution platform used to download the App (“App Store”) and on Dreamx's website https://www.dreamxgame.com/ (the “Website”)
1.3. Dreamx Limited reserves the rights to continuously expand, update, modify and develop further the Apps. Users can therefore only participate in the Service in its then-current form.
1.4. The Apps offered by Dreamx Limited are intended solely for the purpose of entertainment. The use of the Apps for business or commercial purposes is strictly prohibited.
1.5. The Terms apply to any person (the “User(s)”) using the App. The legal relationship between Dreamx Limited and the User are exclusively governed by the Terms. Other provisions or general terms and conditions of the User that deviate from the Terms shall only apply if Dreamx Limited gives prior written consent to their validity.
1.6. Users may direct questions, complaints or claims with respect to the Apps to: [email protected].
2. Sign up
2.1. By downloading the App from the respective App Store, (i) a user account (“Account”) is created for the User by using the User’s App Store ID and (ii) the User agrees to these Terms as well as to the data privacy policy of Dreamx Limited which are valid at the time of registration and available on the Website or within the Apps.
2.2. For certain Apps, Users may also register via third-party providers (for example, social networks). For this purpose, the data required for sign up is retrieved from the User's account with the respective third-party provider.
2.3. There is no legal entitlement for using the Services provided by Dreamx Limited. Dreamx Limited has the right to stop or deny any registration without giving any reasons.
2.4. By the time of sign-up, the User must be at least 18 years old and fully contractually capable. In case of doubt, Dreamx Limited is entitled to ask the individual User to submit documentary evidence of age or contractual capability.
2.5. The Account cannot be transferred to another User without the consent of Dreamx.
2.6. he User is entitled at any time to request deletion of the data saved by him/her in his/her Account on the basis of the availability of the online applications. In order to access, modify or delete the data of the User, an e-mail to [email protected] shall be sufficient with the help of the User‘s e-mail address stored in the Account.
3. About the Gaming Apps
3.1. The User can find information about the Apps which contain games offered by Dreamx (“Gaming Apps”), their features, gameplay, functions and system requirements on the Website, on App Stores and on other platforms.
3.2. Additional game rules or participation requirements may be published on the Website or in the Apps itself, as applicable.
4. About the KashJoy App for iOS users
4.1. The “KashJoy App” is an additionally offerered App of Dreamx, of which Dreamx is the sole offeror in the iOS app store, which complements the Gaming Apps and enables the User to participate in a reward or bonus program for the active use of the Gaming Apps. The User can earn virtual in-game currencies (in the following “Coins”) by playing the Gaming Apps via the KashJoy App which may be redeemed against gift cards, premium payment or other rewards, if the User interacts regularly with third party promotions or advertisements.
4.2. The KashJoy App offers Users the possibility of collecting Coins for the use of the Gaming Apps. The Gaming Apps for which Coins can be collected, the number of Coins which can be earned via the KashJoy App and the time and content limitation of special offers or special campaigns relating to individual Coins and rewards are established solely by Dreamx Limited and can be changed by Dreamx Limited at any time without giving reasons. The User has no legal entitlement in this regard.
5. Redeem Coins in the KashJoy App for iOS users
5.1. Coins achieved by playing Gaming Apps may be redeemed against gift cards, premium payment via Paypal or other rewards within the KashJoy App. Coins are earned per person and per Apple Advertising ID only. If a User changes his/her Apple Advertising ID or a User creates and/or uses more than one account he/she may be blocked/deleted and his/her Coins may be forfeited.
5.2. The User can choose the rewards in the rewards shop of the KashJoy App. The User can select any reward provided by Dreamx Limited for which he/she has collected a sufficient number of coins, unless stocks of the selected reward are exhausted. Further, payment may be limited or withheld in case of improper use of the App, in particular in violation of section 12 hereof. Dreamx Limited guarantees no profits to the User. In particular, the User shall not be entitled to be paid a particular reward.
5.3. The User can redeem Coins, subject to the remaining provisions of these Terms by clicking the “Cashout” button in the KashJoy App.
5. 4. To redeem Coins the following conditions need to be fulfilled: The User needs a certain minimum amount of Coins to be further specified by Dreamx Limited (“Minimum Amount”). The User has no right to redeem the Coins in the account, and Dreamx Limited has no liability or obligation to offer rewards as long as the User has not accumulated at least the Minimum Amount of Coins in the User account. Further restrictions may apply as set above. Users can redeem their Coins for particular rewards according to an exchange rate established by Dreamx Limited for each reward. The applicable exchange rate is that of the time of the redemption of the coins.
5.5. Welcome Bonus / Sign-Up Bonus / Welcome Credits / Sign-Up Credits: Users can be but do not have to be entitled to a welcome bonus of a varying amount of “Coins”. The amount and the real money value of these welcome credits can vary based on a range of factors including but not limited to the geographic location of the User.
5.6. The actual payout of the sign-up credit is dependent on overall engagement with the App and the reaching of the minimum Coin threshold. The same conditions as for overall payout apply.
5.7. For certain reward options, the User must specify his/her payment details in connection with the payment of the rewards (bank details, e-mail address and user name for his/her online account, if necessary).
5.8. In addition, the User may be requested, particularly at the first request to redeem Coins for matters of precaution to prevent fraudulent use of the KashJoy App, to undertake an automated face-scan procedure through the camera of his/her device to ensure that he/she is human. Data of such face-scan procedure will not be shared with third-parties and will only be stored at Dreamx for a short period of time in accordance with our privacy policy.
5.9. The User’s request to redeem Coins will usually be processed immediately but may in rare cases take up to five business days (Berlin, Germany) after the receipt of the request, provided that the User has used the App according to the full Terms of Dreamx. Extraordinary circumstances may cause the transfer to take longer than 14 days.
5.10 In order to prevent fraudulent use of the KashJoy App, Dreamx also reserves the right to limit the redemption of Coins to an equivalent of USD 30 every three hours.
5.11. Dreamx may require further information from the Users to ensure that they are not fraudulently using Coins or other items. Dreamx reserves the right to place any exchange of Coins in real prizes on hold or stop, for whatever reason, until the requested information has been made available by the User. If the User does not submit the required information, his/her account can be blocked until all requested information has been submitted. If any fraud or other breach of the Terms is detected, Dreamx reserves the right to take further legal action against this person.
5.12. If they are not redeemed before, Coins expire automatically one year after they have been credited to the User’s Account.
6. User fees; In-app Purchases
6.1. The use of the Apps is free of charge. Dreamx reserves the future right to charge fees for individual features of the Apps. Users will be informed separately about the features available for purchase, the duration of availability, the purchase price and the available payment methods.
6.2. In case of in-app purchases, purchase prices will be invoiced and collected via the respective App Store. The general conditions of the App Store and, in individual cases, the general terms and conditions included by the authorized service provider may be applicable in addition to the general terms and conditions of Dreamx.
6.3. After completion of the payment process or, in the case of a transfer, after the receipt of the money of Dreamx, the purchased features shall be credited to the User's Account.
AS A CONSUMER THE USER HAS A RIGHT TO WITHDRAW FROM AN AGREEMENT REGARDING AN IN-APP PURCHASE IN ACCORDANCE WITH THE STATUTORY PROVISIONS AS SHOWN AT THE END OF THESE TERMS.
7. Rights of use
7.1. The User’s rights of use are exclusively stated in these Terms
7.2. Dreamx grants the User a non-exclusive, non-transferable and non-sublicensable right of use for private use with respect to the respective App for the duration of the agreement. The App may not be reproduced, distributed, publicly performed, broadcasted or made publicly accessible on the Internet or via a network, edited or stored on data carriers. Decompilation, disassembly and reverse engineering shall be prohibited, unless expressly permitted by law.
7.3. In general all content, information, pictures, videos, databases provided within or used by an App are protected by copyright and are ordinarily owned or licenced by Dreamx.
7.4. All content of the App must be used for the described private use and private purposes only. The User must not use or duplicate any content for commercial purposes. Forwarding content to other parties is not allowed without the explicit consent of Dreamx.
8. Advertisement and Product Promotion
8.1. Entirely at its own discretion, and subject only to its editorial policy for each App, Dreamx Limited may display certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.
8.2. Dreamx Limited is not responsible for the third party products or services displayed.
9. User data
9.1. Dreamx collects and uses data provided by the User for the purpose of processing the User agreement made between the User and Dreamx through these Terms.
9.2. Details on the processing of User data can be found in Dreamx’s data privacy policy which can be accessed in the applicable App Store page by using the button “Privacy“ or on the Website.
10. Availability
10.1. Dreamx works hard to ensure continuous and error-free access to its Apps but provides no guarantee that the App and the services and functions operate properly and are available without interruption and errors at all times. The User must him-/herself ensure an adequate Internet connection to be able to use the Apps. The User is aware that, like any other software, the games and services can never be completely free of errors. The User is responsible him-/herself for the fulfillment of the system requirements necessary for the use of the App, particularly with respect to the operating system used. However, Dreamx shall make every effort, within the limits of what is commercially reasonable, to enable the operation of the App without interruptions or errors at all times.
10.2. Dreamx can restrict the availability of and access to the App and services and functions in particular insofar as the security of the network operation and the maintenance of the network integrity, particularly the need to avoid serious disruptions of the network, the software or stored data, requires this. Dreamx tries to keep these disruptions on a low level.
10.3. Dreamx is not obliged to provide updates or upgrades for the App or to otherwise modify the App in line with possible changes made to hardware and/or software (particularly operating systems).
11. Liability
11.1. Liability of Dreamx Limited on damages by or in connection with the execution of contractual obligations shall be excluded. The limitation of liability shall not apply to
● damages arising out of death, injury to body or health;
● damages due to a neglect of duty by Dreamx Limited concerning essential contractual rights and obligations, which are absolutely necessary for a proper execution of the agreement, and which might endanger the fulfilment of the contractual purpose (material contractual obligations). In that case, however, liability shall be limited to typical and foreseeable damages;
● damages caused deliberately or due to gross negligence by Dreamx Limited;
● liability according to the Product Liability Act;
● liability in the case of the acceptance of a guarantee.
11.2. An exe mption from liability as well as limitations of liability of Dreamx Limited shall also apply to the legal representatives and assistants of Dreamx Limited.
11.3. Dreamx Limited shall not be deemed liable for damages due to labor disputes and/ or force majeure.
11.4. Dreamx Limited recommends that Users regularly backup their data in order to avoid unnecessary damages.
11.5. Contrary to clause 10.1 above, the following shall apply for Services provided by Dreamx Limited free of charge:
● Dreamx Limited shall not be obligated to remedy a defect;
● If the User has suffered harm from a defect, Dreamx Limited shall owe damages only if the defect was willfully concealed by Dreamx Limited. Otherwise, Dreamx's liability shall be limited to intention and gross negligence.
12. User’s obligations and warranties
12.1. The User must use the Apps and the range of ervices provided therein properly. In particular, he/she is obliged to keep his/her password for the access to his hardware and/or the Apps confidential and must not pass it on to third parties. Furthermore, he/she must not tolerate any acknowledgement regarding this information. The User will take the necessary measures to ensure confidentiality and notify the Dreamx in case of misuse or loss of this information or any suspicion of that.
12.2. The User shall be obliged to provide information properly, fully and truthfully which are needed for providing the Services as well as immediately and truthfully inform Dreamx via e-mail to [email protected] on any changes of his/her data or, if possible, change these directly within his/her Account.
12.3. The User may only set up one Account in the App (“prohibition of multi-accounts”). In particular, one Account must not be used to obtain benefits for another account of the same User, for example through the transfer of items or Coins within the game from one account to another account of the same User (“prohibition of pushing”).
12.4. The use of the App is only permitted for natural persons and through tools provided or explicitly permitted by Dreamx (“prohibition of the use of unauthorized scripts”). This entails, in particular, that the use of programs which generate an excessive load on the server is not permitted. The use of software to systematically or automatically control the App or individual game functions (bots, macros) or for the reproduction or analysis of the games, game elements or the content uploaded into the App is not permitted. Information provided by a User regarding his/her location must be true and accurate.
12.5. The User represents and warrants that:
the User is not located in a country that is subject to an embargo by the U.S. Government or that has been designated by the U.S. Government as a “terrorist supporting” region; and
the User is not listed on any U.S. Government list of prohibited or restricted parties.
13. Agreement duration, Blocking access / Termination of agreement
13.1. Unless stated otherwise for a particular App, the agreement for the use of the Apps and other service offerings runs for an indefinite period. The agreement begins upon activation of a User-created Account by Dreamx.
13.2. The agreement may be terminated at any time by either party at the respective party’s sole discretion. Termination by the User may be executed by deleting his/her Account and becomes effective immediately. Termination by Dreamx shall become effective after fourteen days. In case of termination by Dreamx, Dreamx does not undertake any risks of loss associated with the termination of its services to provide the Apps.
13.3. In the event of suspected improper use or fundamental breach by a User, Dreamx reserves the right to pursue these operations, to take appropriate precautions, and to terminate the User’s access at a reasonable suspicion. If these suspicions can be terminated, the blocking will be cleared. Otherwise, Dreamx has an extraordinary right to terminate the Account. Any breach of the Terms may also result in the cancellation of all purchased or received goods, as well as all other applicable legal claims.
13.4. If Users have been blocked or excluded, they may not log in to a service provided by Dreamx without the prior consent of Dreamx.
14. Alternative settlements of disputes
The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/consumers/odr/. Dreamx is neither obliged to take part in alternative dispute resolutions before a consumer dispute settlement commission nor will do so voluntarily.
15. Adjustments
15.1. Dreamx has the right to change these Terms towards the Users with future effect at any time and draw his/her attention to them by posting them on its Website or in the App (in the form of an in-app message). The respective change will take effect when the respective User does not object the new Terms within four weeks via e-mail to [email protected]. Sending the objection in due time shall be relevant for the compliance with the stipulated four-week period. Alternatively, the intended modification may also be announced in form of an e-mail. Dreamx will inform on these consequences in its respective message.
15.2. In case the User objects to the modification within the four-week period, Dreamx shall be entitled to terminate the agreement with immediate effect, without the User having any claims against Dreamx. If the contractual relationship after an effective objection by the User continues, the previous terms and conditions shall remain in force.