The Hero 365 Terms of Use

Please read our Terms and Conditions before using this website.

Dream Maker Films LLC

Terms of Use

Effective: November 5, 2008

INTRODUCTION
Welcome to the apps and Internet sites of Dream Maker Films LLC ("DMF" and also referred to as "we," "us" or "our"). DMF operates DreamMakerFilms.com, tapSCREENapps.com, ICDAgency.com. GlobalPECE.com, GreenLightClub.com , and TheHero365.com, plus all apps associated with tapSCREENapps . These products offered by DMF include the DMF Websites, associated URLs, and the apps (know here and through out the "Terms of Use" as the "DMF Websites"), and any other features, content, or applications offered from time-to-time by DMF in connection with our business. The DMF Websites are hosted in the United States.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE DMF WEBSITES.
By using and/or visiting DMF Websites (including any and all content and functionality available through any of the domains listed above, you ("User") affirm your agreement to (1) these terms and conditions (the "Terms of Use"), (2) DMF's Privacy Notice, and incorporated here by reference, (3) DMF's User Guidelines, found at and incorporated here by reference, and incorporated here by reference (collectively, the "Agreement"). If you do not agree to any of the terms contained in this Agreement, You may not use any of the DMF Websites.

We reserve the right, in our sole discretion, to change, modify, add or delete portions of the Agreement, including these Terms of Use. You agree to be bound by such modifications or revisions. Your continued use of the DMF Websites after DMF posts a revised Agreement signifies your acceptance of the revised Agreement. Although we may attempt to notify you when major changes are made to the Agreement, you should periodically review the most up-to-date version. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Some of the DMF Websites are for entertainment purposes only, and include fictional characters. There are also fictional media files, such as images, audio, and video which Dream Maker Films has posted for clues and evidence that can be collected by the User in order to figure out what may happen in the continuing story of THE HERO. Files may also be posted for viewing or downloading as general story background files.

1. Eligibility. Use of the DMF Websites is void where prohibited. By using the DMF Websites, you represent and warrant that (a) you are 18 years of age or older; and (d) your use of the DMF Websites does not violate any applicable law or regulation.

2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the DMF Websites.

3. Proprietary Rights in Content on DMF.

3.1 The DMF Websites contain Content of DMF ("DMF Content"). DMF Content is proprietary to us and/or our licensors or licensees and is protected by copyright, trademark, patent, trade secret and other laws. DMF owns and retains all rights in the DMF Content and the DMF Websites. No DMF Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, and (d) you do not download information, content or materials so as to avoid future downloads from the our Websites. The use of any information, content or materials on our Websites on any other Websites or computer environment is prohibited.

3.2 In the event that you download software from the DMF Websites, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may own the medium on which the Software resides, but we or our third-party licensors retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Software from the DMF Websites is further subject to United States export controls. Without limiting the generality of the foregoing, no software from the DMF Websites may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

4. Content Posted. We are pleased to hear from visitors "guests" and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions").

5. Disclaimers. DMF is not responsible for and makes no warranties, express or implied, as to the use or content or the accuracy and reliability of any Content posted on or through the DMF Websites, whether caused DMF or by any of the equipment or programming associated with or utilized in the DMF Websites. Inclusion of any linked Websites on the DMF Websites does not imply approval or endorsement of the linked Websites by DMF. When you access these third party sites, you do so at your own risk. DMF takes no responsibility for third party advertisements or third party applications that are posted on or through the DMF Websites, nor does it take any responsibility for the goods or services provided by its advertisers. DMF is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the DMF Websites or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the DMF Websites. The DMF Websites are provided "AS-IS" and as available and DMF expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

6. Safety and Reimbursement. Although we promote users to become everyday heroes, we do not endorse or encourage users to do any dangerous activities, or placing yourself in any sort of harms way, and we do not condone any sort of violence or any illegal or hurtful activities whatsoever. This includes financial, physical, mental, and the like. Donating your time or money is strictly your choice and DMF assumes no responsibility to reimburse you in any way, nor does DMF claim any such idea. FORUMS SAFETY TIPS: If meeting someone for the first time, tell a friend where you are going and meet in a public place and/or go with a friend. Trust your instincts and use your best judgment. Do not post personal contact information.

7. Limitation on Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE DMF WEBSITES OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A DMF WEBSITES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE DMF WEBSITES.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE DMF WEBSITES AND ANY WEBSITES, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE DMF WEBSITES.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THE AGREEMENT, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

8. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado, without regard to its conflict of law provisions. You and DMF agree to submit to the exclusive jurisdiction of the courts located within the State of Colorado to resolve any dispute arising out of the Agreement or the DMF Websites. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

9. Indemnity. You agree to indemnify and hold DMF, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the DMF Websites in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the DMF Websites causes DMF to be liable to another.

10. Amendment. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of the DMF Websites following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.

11. Other. This Agreement is accepted upon your use of the DMF Websites. This Agreement constitutes the entire agreement between you and DMF regarding the use of the DMF Websites. The failure of DMF to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. DMF is a trademark of Dream Maker Films LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

These terms are periodically updated. Please contact us at with any questions regarding this Agreement.

BY USING ANY OF THE DMF WEBSITES YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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