Terms of Service & Sale
These Terms of service & sale(“Terms”) apply to all sales and purchases of the DreamGlass Developer Edition and associated accessories (the “Product”) offered or sold by Dreamworld USA Inc. (“Dreamworld”) and/or its affiliates or assigns. “You” , “Customer”, or “your” shall be construed as the original purchaser of the Product through the Dreamworld website, “us”, “we” or “our” shall be construed to mean Dreamworld and/or its affiliates or assigns.
The Terms are subject to change from time to time and we will publish such amendment on our website. Your continuation of Dreamworld website usage will constitute agreement to such changes.
2. Application and Use
You accepts buying a developer version of the DreamGlass. The Product is sold solely for evaluation and development purposes, and you agree not to resell them (or to otherwise transfer them to any third party who is not working with you on your development effort).
Always be aware of your surrounding when using the Product. The Product is designed to be safe and not harm any of its users. However, people with any disabilities are not allowed to use the Product without any guidance of a professional. While wearing the Product, do not engage in any other activity which may result in a hazardous situation to you or others.
4. Price and Payment
4.1 Prices payable for the Product is subject to change at our sole discretion. Such price change will be indicated on our website.
4.2 If any government or other authority is required for the acquisition of the Product, you shall obtain such license or consent at your own expense, pay lawful taxes, VAT, or tariff, if any, accordingly, and produce reasonable documentation verifying compliance of same to us on request. You shall meet any additional expenses or charges incurred by us resulting from such failure.
4.3 Credit card payments are handled through Stripe or Paypal and all payments are subject to the their applicable policies.
Sale of the Product does not include any license to any software developed by Dreamworld. We may grant to you access to our SDK and other software (the “Software”), only for the purpose of development of applications for the Product. Such access is subject to change at our sole discretion.
Software is provided “as is” without any warranties of fitness for purpose or non-infringement. You may not Reverse engineer, decompile, distribute, rent, loan, lease, transfer, use in a service bureau or grant any rights in the Software or modifications thereof in any form to any person without written consent of Dreamworld.
6. Cancellation and Return Policy
You can not cancel your orders or pre-orders once they are placed. No returns will be accepted.
7. Intellectual property
All intellectual property rights in and to the Product and Software, including all patent rights, copyrights, trademarks, trade secrets or other proprietary rights therein shall be and remain the sole property of Dreamworld. You are not allowed to reverse engineer, decompile or disassemble all or any portion of the Product or Software.
8. Product description and warranty
8.1 All specifications, images and other description of the Product on the Dreamworld website does not constitute a warranty that the Product will conform the same. The Product shipped to you may appear different from these images or specifications.
8.2 Dreamworld does not make, and hereby expressly disclaims, any warranty or representation with respect to the Product, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, performance, accuracy, reliability, and non‐infringement. Dreamworld does not warrant that the operation of the products will be uninterrupted or error free or that the products will meet customer’s or any third party’s expectations.
9. International distribution
To facilitate shipping the Product to international customers outside of United States, the Product may be distributed from our international facilities rather than our US warehouses.
10. Shipping estimation
We do our best to estimate the shipping time. However, because of uncertainties in manufacturing, distribution, and custom regulation, the actually shipping time may be different from the estimated shipping time.
11. Liability limitation
Whether under any warranty, contract, tort, negligence or other legal or equitable theory, the following will apply to Dreamworld, including products, software, and services of Dreamworld in all circumstances: (a) Dreamworld will not be responsible or liable for any indirect, incidental, special, punitive or consequential damages including, but not limited to, loss of revenues, loss of profits or loss or inaccuracy of data; and (b) Dreamworld’s cumulative liability for any and all damages is limited to amounts paid to Dreamworld by customer for the particular products and/or services with respect to which a claim is made.
12. Arbitration/choice of law/venue
Any dispute which arises out of, relates to or concerns the Terms may, at the sole option of Dreamworld, be resolved by arbitration administered by the American Arbitration Association under its commercial arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All arbitration hearings shall be conducted in North District, California. Each party shall bear its own costs, fees and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator or panel and the conduct of the arbitration itself. In the event that Dreamworld does not elect to submit a dispute under this Terms of service & sale to arbitration, the parties agree to jurisdiction and venue for claims or actions arising under the Terms in the state or federal courts located in North District, California, USA, and that any such disputes will be governed by the laws of the State of California.
13. Our reserved rights
We reserve the rights to refuse sale or service to any customers. In such cases, any payment received will be refunded in full.
Customer may not assign any rights or delegate any duties under the Terms and any attempt to do so is void and without effect. This Terms of service & sale is the parties’ entire agreement relating to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties, and prevails over any conflicting or additional terms of any communication between the parties relating to its subject matter. No modification to this Terms of service & sale will be binding unless in writing and signed by an authorized representative of each party. Any express waiver or failure to exercise promptly any right under this Terms of service & sale will not create a continuing waiver or any expectation of non‐enforcement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. To the extent that any and all provisions of this Terms of service & sale shall exclude or limit any statutory liability which, according to mandatory provisions of Applicable Law cannot be contractually excluded or limited by mutual agreement of the parties, then such provision shall be given only such effect, if any, as is permitted by the Applicable Law. Neither Customer nor Dreamworld will be responsible for any failure or delay in its performance under this Terms of Sale, excluding Customer’s payment obligations, due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or natural disaster.