Terms of Service

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Updated March 15, 2008

Thank you for using Dreamfish. The following terms of service apply to any use of Dreamfish Services.

A. Definitions of Terms

Dreamfish Principle is an operational principle that social and environmental sustainability grows best in collaborative environments, where learning, diversity, compassion, creativity, health and multiculturalism thrive. We conduct our organizational practices in accordance with this principle.

We Plant a Tree refers to Dreamfish’s policy of purchasing through a third party service, the planting of one tree for every registered user that uses this platform. We do this to offset carbon usage, lower the ecological footprint of our organization, and help local economies. Dreamfish currently uses Trees for the Future as our tree planting service. To strengthen local economies in developing countries, Trees for the Future partners with local community providers in Africa, South America, and Asia.

Dreamfish Platform is an on-demand platform as a service. There are four editions of the service– Basic Edition, Professional Edition, Pro Plus Edition and Enterprise Edition.

Services include the Dreamfish Platform As A Service—the Basic Edition, Professional Edition, Pro Plus and Enterprise Edition- as well as Client Success Services–online Community Management, Training services, Organizational Consulting services, and Customer Support.
Social Network, Network or Platform is comprised of both Content and Code. Social Networks include features such as User profiles, contacts, posts and comments, recommendations, groups, events, opportunity sharing, photo sharing, video sharing, reviews, people matching, among others.
Users are people who register on Dreamfish to create, find, visit, use, and contribute to one or more Networks, which can include posting Content or responding to Content.

Network Starters are Users who have created a Network on the Dreamfish Platform.

Content means any work of authorship (other than the Code and the user interface of a Social Network), including User profiles, comments, recommendations, forums, photos, videos, sounds, images, text, files, listings, postings, messages, or other materials posted on or transmitted through the Dreamfish Platform or through any Network. Users upload Content to Social Networks. Users control the content that they upload. Social Network Starters, in turn, control Content which they upload. If the Network Starter designates the Network as private, any Content submitted to that Network would be deemed to be Private Content. Private Content is licensed for use only within the Network into which it is posted, except by the author of the Content. Public Content is available in the Network in which it is posted.

Code is the source code (e.g., HTML or PHP code) used to provide the functionality behind Social Networks on the Dreamfish Platform. Code may be contributed by Dreamfish, open source developers, developed by a User, provided by another User, or any combination of the four. The core of Dreamfish source code is Drupal, open source Code, which Users may use under the conditions in the terms of service that Drupal sets forth (see Drupal.org). The Code created by Dreamfish is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Private Code is Code for a Network that Users (other than the Network Starter of that Network) are not allowed to view, copy, or modify.

B. Conduct

While a Network Starter may have their own set of community guidelines, Dreamfish has these conduct principles, which we ask you, the User, to abide by in the public areas of the Platform. If your Content is perceived by another User or by us to be not in accordance with these principles, your Content may be deleted:

  • Principle 1– Make choices that contribute to creating a respectful trusting environment, where learning, diversity, compassion, health and multiculturalism are supported.
  • Principle 2 - If your post would blatantly contribute to lessening another user’s enjoyment, don’t post it. No personal attacks are allowed. Constructive criticism is welcome.
  • Principle 3. Respect authorship. Abide by the licensing that a person places on their Content. And even if you don’t see any licensing or they didn’t license it, still attribute the person or place who created Content. Artists, photographers, researchers and authors may kiss you ;)
  • Principle 4. Do not post anything illegal.
  • Principle 5. The 2 Click Rule – You may not link to any page, or a page that links to another page, that breaks with the above principles (especially anything illegal).

C. Ownership of Content and Code

You own the Content you create and upload (“your Content”). You own the Code you develop (“your Code”). After posting your Content or your Code, you continue to retain all ownership rights in such Content or Code, and you continue to have the right to use and license your Content and your Code in any way you choose. Dreamfish does not claim any ownership rights of the Content or the Code that the User or the Network Starter provides.
We want to encourage open sharing of Content between Users and Networks across the Dreamfish Platform. You may choose a license, such as a Creative Commons license, and note its use in your Content to protect the use of your Content. We claim no ownership interest in the Content you provide on Networks on the Dreamfish Platform. To this end, by uploading Content to a Network in which the Content is designated as Public Content, you grant to Dreamfish and all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all (a “Public Content License”).

Unless you expressly state alternative applicable license terms in connection with your Content submission, the Public Content License will apply by default to Public Content and the Private Content License will apply by default to Private Content. You, being the one who uploads the content, is responsible for making sure that you have all rights in the Content you post that are necessary for you to grant everyone either the Public Content License or the Private Content License.
If you haven’t designated a license for your Content and you upload Content to a Network in which the Content is designated as Private Content, you grant to Dreamfish and all other Users of that Network a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such Content on that Network (including any RSS feeds and other distribution that is part of such Network) (a “Private Content License”).

If a Network is deleted, the Content uploaded by that Network Starter might also be deleted at the discretion of the Network Starter. However, each User owns their own Content, which will remain on the platform at the discretion of the user.

License from Dreamfish Dreamfish grants to you a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License to the Content made available by Dreamfish for which Dreamfish owns the copyrights. In the event of a conflict between the Creative Commons License and these Terms, these Terms will control. Dreamfish does not grant you any rights to another User’s Code or Content.

D.Your Account

If you choose to sign up for a fee-based service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that service.
These Terms of Service commence upon your acceptance of these Terms and continues until terminated. These Terms will automatically terminate if Dreamfish decides, in its sole discretion, to discontinue the Dreamfish Platform.

Canceling your Services

You can cancel a Service at any time with a written notification by email to support@dreamfish.org. Your services will end thirty days after the first day of the month that comes after your notification. Any fees for unused services that you have previously paid will be refunded at pro-rated rate.

Deactivating Your Account

You may deactivate your Dreamfish account at any time, for any reason. You may delete your data at any time. If you have an active Professional account, you may also export your data while your service is active.

Dreamfish has the right (at its sole discretion) to delete or deactivate a User’s account or Network Starter’s account, block email or IP address, or otherwise terminate access to or use of the Dreamfish Platform or any Network, or remove and discard any Code or Content within any Network, without notice and for any reason.

Effects of Deactivating An Account

Upon deactivating your account, these Terms terminates and your access rights to the Dreamfish Platform will immediately cease to exist. The Code for the Network(s) associated with your account will be deactivated; however, as previously mentioned, Code may remain on the Dreamfish Platform in other Social Networks that made a copy of your Public Code. For Content you wish to delete from the Dreamfish Platform, you can delete it by going to each of the Social Networks to which you’ve contributed. Dreamfish is not responsible for deleting Content or exporting content on your behalf. Note that, even if Code or Content is deleted from Dreamfish’s active servers, it may remain in archives.

Dreamfish reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Dreamfish Platform or any part thereof with or without notice. Dreamfish will not be liable to you or to any third party for any modification, suspension or discontinuance of the Dreamfish Platform.

E. Disclaimer of Warranties

(This is when we take a really long breath to read the lawyer-friendly language…)
YOUR USE OF THE DREAMFISH PLATFORM, AND ALL CODE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE DREAMFISH PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DREAMFISH AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER DREAMFISH NOR ANY USER MAKES ANY WARRANTY THAT THE DREAMFISH PLATFORM, OR AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Indemnity You agree to indemnify, defend, and hold harmless Dreamfish, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to

  1. Any Code or Content you submit, post, transmit, or make available through the Dreamfish Platform;
  2. Your use or misuse of the Dreamfish Platform;
  3. Your connection to the Dreamfish Platform;
  4. Your violation of these Terms; or
  5. Your violation of any rights (including intellectual property rights) of a third party.

Limitation of Liability

YOU AGREE THAT DREAMFISH SHALL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DREAMFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE DREAMFISH PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE DREAMFISH PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO DREAMFISH BY YOU IN THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

F. Our Updates to Terms of Service

These Terms may be updated or changed by Dreamfish from time to time upon Dreamfish’s posting of the amended Terms on this page. If you do not agree to changes to the Terms, you must notify Dreamfish to terminate your account. In addition to these Terms, you will comply with all policies applicable to Dreamfish and the Dreamfish Services, which policies are (i) either posted in the Dreamfish Platform or provided to you and (ii) incorporated by reference into these Terms.
General The failure of Dreamfish to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Your Dreamfish account is non-transferable. You may not delegate your duties under these Terms or assign these Terms, in whole or in part. The other Users of the Dreamfish Services are intended third party beneficiaries of your obligations under these Terms.

Dreamfish may assign these Terms to any successor or purchaser of Dreamfish or all or substantially all of its assets.
Any unauthorized use of any Dreamfish computer system is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. S 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

Any dispute between the parties arising out of these Terms shall be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, CA. You hereby waive any right to a jury trial of any such dispute.
These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

These Terms, which incorporate the Dreamfish Privacy Policy and the Dreamfish Policies, constitutes the entire agreement between you and Dreamfish and governs your use of the Dreamfish Services, superseding any prior agreements (whether written or oral) between you and Dreamfish regarding the subject matter hereof.
(Whew! That was a long breath.)

If you have any questions or feedback about our terms of service, please contact us at services (@) dreamfish (dot) com or at:
Dreamfish 3150 18th Street, Suite 464 Box 401 San Francisco, CA 94114