Game Terms of Service / Terms and Conditions

These are the Terms of Service / Terms and Conditions to use games that we create (the "Service").  To see the Website Terms of Service, please scroll down to the next section titled "Website Terms of Service."

By downloading or using our games, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the game. You’re not allowed to copy, or modify the game, any part of the game, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the game, and you also shouldn’t try to translate the game into other languages, or make derivative versions. The game itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Team Dream Walkers.

Our games store and process personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the game secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Service won’t work properly or at all.

You should be aware that there are certain things that Team Dream Walkers will not take responsibility for. Certain functions of the Service will require the game to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Team Dream Walkers cannot take responsibility for the game not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the game outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the game, or other third party charges. In using the Service, you’re accepting responsibility for any such charges, including roaming data charges if you use the Service outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the Service, please be aware that we assume that you have received permission from the bill payer for using the Service.

Along the same lines, Team Dream Walkers cannot always take responsibility for the way you use the Service i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Team Dream Walkers cannot accept responsibility.

With respect to Team Dream Walkers’s responsibility for your use of the Service, when you’re using the Service, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Team Dream Walkers accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the game.

At some point, we may wish to update the Service. Our games are currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the game to) may change, and you’ll need to download the updates if you want to keep playing the games. Team Dream Walkers does not promise that it will always update the games so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the games when offered to you.  We may also wish to stop providing the games, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the games, and (if needed) delete them from your device.

Safe Play

During gameplay, please be aware of your surroundings and play safely.  You agree that your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that may occur while using the Services.  To the extent permitted by applicable law, Team Dream Walkers disclaim all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability.  Further, in the event that you have a dispute with one or more users of the App, you release Team Dream Walkers from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Disclaimer of Warranties

Our games are provided on an "as is" and "as available" basis for your use, with no warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade.  Team Dream Walkers does not warrant that you will be able to access or use our Service at the times or locations of your choosing; that our Service will be uninterrupted or error-free; that defects will be  corrected; or that our Service is free of viruses or other harmful components.

Limitation of Liability

Team Dream Walkers will not be liable to you for any indirect, direct, consequential, special, punitive, or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified) arising out of or related in any way to these Terms of Service or our Service itself, whether based on contract, tort, or other legal theory, and whether or not Team Dream Walkers has been advised of the possibility of such damages.  Team Dream Walkers will not be liable to you for more than the amount you have paid to Team Dream Walkers in accordance with these terms of service in the six (6) months immediately preceding the date on which you first assert a claim.  You acknowledge and agree that if you have not paid anything to Team Dream Walkers during such time period, your sole remedy (and Team Dream Walkers' exclusive liability) for any dispute with Team Dream Walkers is to stop playing our games and to uninstall them from your devices.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages.  Accordingly, some of the above disclaimers and limitations may not apply to you.  To the extent that Team Dream Walkers may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Team Dream Walker's liability will be the minimum permitted under such applicable law.

Links to Third Party Websites or Resources

Our games may contain links to third party websites or resources.  We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites.  You acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at DreamWalkersGameDev@gmail.com.

Website Terms of Service

Last Updated: 10/30/2023

Welcome, and thank you for your interest in TeamDreamWalkers (“Creator,” “we,” or “us”) and our website at https://team-dream-walkers-shop.fourthwall.com, provided through Fourthwall, (the “Service”). These Terms of Service are a legally binding contract between you and Creator regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Creator’S PRIVACY POLICY (TOGETHER, THESE“TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND Creator’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY Creator AND BY YOU TO BE BOUND BY THESE TERMS.

  1. Creator Service Overview. We offer a website where you can purchase merchandise that we make available for sale, including digital products and memberships (“Memberships”and, collectively with all other merchandise, "Products").

  2. Eligibility. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old;(b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or Creator, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

  3. Accounts and Registration. To access any Membership, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at team-dream-walkers-shop@support.fourthwall.com.

  4. General Payment Terms. Purchase of any Product through the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars.

    1. Price. Creator reserves the right to determine pricing for all Products and Memberships. Creator will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Creator may change the fees for any Product or Membership if the Creator gives you advance notice of changes before they apply. Creator, at its sole discretion, may make promotional offers with different features and different pricing to any of the Creator's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

    2. Authorization. You authorize the Creator and its third party payment processors to charge all sums for the Products you purchase and Memberships you subscribe to, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Creator or its third party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

    3. Memberships. Memberships may include automatically recurring payments for periodic charges.If you activate such a Membership, you authorize the Creator or its third party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or the applicable Membership, all accrued sums on or before the payment due date for the accrued sums. The“Membership Billing Date” is the date when you purchase the applicable Membership. Your account will be charged automatically on the Membership Billing Date all applicable fees and taxes for the next Membership period. The Membership will continue unless and until you cancel your Membership or we terminate it. You must cancel your Membership before it renews in order to avoid billing of the next periodic Membership Fee to your account.Creator or its third party payment processor will bill the periodic Membership Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Membership by accessing the Billing tab in your profile within the site or by contacting us at:team-dream-walkers-shop@support.fourthwall.com.

    4. Returns and Refunds. We will accept all returns for defective Products made within 30 days of the purchase date (“Returns”). We will issue you a full refund for all Returns and will pay for the return shipping of any Return if such shipping is required. We will not accept any returns of, nor issue any refunds for, any Products that are not defective.

  5. Shipping and Delivery. All Products purchased through the Service will be shipped according to the terms provided at the time of purchase to the shipping address you provide to us. You will be responsible for all shipping costs, which will be specified for you at checkout.

  6. Licenses

    1. Limited License. Subject to your complete and ongoing compliance with these Terms, Creator grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and any Memberships to which you have subscribed during the term of your subscription.

    2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

    3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or any Products (“Feedback”), then you hereby grant Creator an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

  7. Ownership; Proprietary Rights. The Service is owned and operated by the Creator. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service and Products (“Materials”) provided by the Creator are protected by intellectual property and other laws. All Materials included in the Service are the property of Creator or its third party licensors. Except as expressly authorized by the Creator, you may not make use of the Materials. Creator reserves all rights to the Materials not granted expressly in these Terms.

  8. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

    • use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
    • interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the sourcecode of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
    • sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
    • attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.

  9. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Creator or Fourthwall may, at either of their sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at team-dream-walkers-shop@support.fourthwall.com.

  10. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or theService; (c) you must pay Creator any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 9.3, 10, 11, 12, and 13 will survive.

  11. Modification of the Service. Creator reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Creator will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

  12. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Creator and its officers, directors, employees, consultants, affiliates, subsidiaries and agents and Fourthwall (together,the “Creator Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, atour own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  13. Disclaimers; No Warranties

    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN“AS AVAILABLE” BASIS. Creator DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Creator ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Creator ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

    WE PROVIDE THE SERVICES THROUGH FOURTHWALL BUT THESE TERMS AND ANY PURCHASES OF PRODUCTS ARE SOLELY BETWEEN YOU AND Creator. YOU HEREBY ACKNOWLEDGE THAT FOURTHWALL IS NOT A PARTY TO, AND WILL HAVE NO LIABILITY RESULTING FROM, THESE TERMS, ANY DAMAGES OR LOSSES YOU INCUR AS A RESULT OF USING THE SERVICE, OR THE PURCHASE OF PRODUCTS.

    THE LIMITATIONS

    IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  14. Miscellaneous

    1. General Terms.These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Creator regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part,by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Through out these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    2. Governing Law.These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Creator submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

    3. Privacy Policy. Please read the Creator Privacy Policy carefully for information relating to our collection, use,storage, disclosure of your personal information. The Creator Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

    4. Additional Terms.Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

    5. Consent to Electronic Communications.By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

    6. Contact Information. The Service is offered by TeamDreamWalkers. You may contact us by sending correspondence by emailing us at team-dream-walkers-shop@support.fourthwall.com.

    7. Notice to California Residents.If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

    8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

    9. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.