Last updated: 08.02.2018
Thank you for choosing our services!
- Our Purposes
- Representations and warranties
- Intellectual property rights
- Prices and fees
- No medical advice
- Links to other sites
- Third party products and services
- Disclaimer of warranties
- Reliance on content
- Limitation of Liability
- General provisions
- The terms and conditions of purchasing from our online store
The words "the Services” or "our Services” mean any of our services we provide you with through the Site free of charge for you (including, but not limited to our subscription service, etc.).
The words “our Partners”, or “the Partners”, or “Partners” mean selected and reputable service providers whose services we use to deliver the Site to you and to provide you with our Services and our Products you request from us.
The words “our Partners’ Services”, or “the Partners’ Services”, or “Partners’ Services” means the services which our Partners provide us with so we can deliver the Site to you and provide you with our Services and our Products you request from us. Our Partners’ Services may include: hosting; content providers; data storage; e-mail communication and distribution services; billing and payment processing services; domain name registrars; internet security services; fraud detection and prevention services; web analytics; performance measurement services; etc..
1. Our Purposes
Our purposes are: (1) to provide contemporary and reliable information about the lucid dreaming phenomenon; (2) to promote lucid dreaming for problem solving, better self-understanding, personal entertainment and other personal advantages; and (3) to provide high quality education and training in lucid dreaming.
2. Representations and warranties
2.1. We represent and warrant that:
2.1.1. we are duly registered and validly existing under the legislation of the Republic of Estonia and have power to carry on our business as it is now being conducted and to use our property (including digital property) and other assets;
2.2. You represent and warrant that:
2.2.1. you are at least eighteen (18) years of age;
2.2.3. your country of residence is the same as the country specified in the billing address you gave us.
3. Intellectual property rights
3.1. Intellectual property rights and license to use
3.1.1. The Site, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights, is protected by European and International copyright and other intellectual property and related rights laws (hereinafter referred to as "IP Rights") which are owned by and/or licensed to us; and/or owned by and/or licensed to our Partners; or are owned by respective authors and right holders. All such IP Rights are reserved.
3.1.2. License to use
188.8.131.52. License to use the Site
184.108.40.206. License to use our Services
220.127.116.11. License to use our Products
3.2. Compliance with IP Rights protection
3.2.1. Except where otherwise indicated on the Site you have right to:
18.104.22.168. download and print materials from the Site as is reasonable for your own private and personal use only;
22.214.171.124. provide links to the Site provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it;
3.2.2. You have no right to:
126.96.36.199. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights contained in the Site or accompanying our Services or our Products;
188.8.131.52. copy, modify, reproduce, create derivative works of, adapt, reverse engineer, emulate, translate, compile, decompile or disassemble the Site, our Services or our Products or any part thereof, unless otherwise is expressly permitted by our prior written and specific approval;
184.108.40.206. establish any links to the Site in such a way as to suggest any form of association with us, our approval or endorsement on our part without our prior written and specific approval.
3.3. Using the Site, our Services and our Products.
3.3.1. You consent:
220.127.116.11. to receive from time to time promotional messages and materials from us, by e-mail;
(Please note, that at any moment, you may opt out of receiving such information by clicking on the hyperlink at the bottom of the relevant e-mail or other relevant communication.)
18.104.22.168. that we, at our sole discretion, choose the means, manner, and method for publishing the Site, providing your with our Services and/or our Products.
3.3.2. You consent not to:
22.214.171.124. obtain or attempt to obtain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site, our Services and Products (including any materials, documents, services or information) which are not accessible through normal and fair use of the Site, our Services and Products;
126.96.36.199. obtain or attempt to obtain unauthorized access to monitor any part of the Site, and/or our Services and/or our Products;
188.8.131.52. act in a manner which might be perceived as damaging to our reputation and goodwill or which may bring us into disrepute;
184.108.40.206. provide us with false information, whether directly or indirectly;
220.127.116.11. probe, scan, or test the vulnerability of the Site, and/or our Services, and/or our Products, and/or any network connected to the Site, or our Services, or our Products;
18.104.22.168. anyhow use the Site and/or our Services and/or our Products to introduce, design, develop, distribute and/or otherwise transmit or execute, any malicious software (also known as malicious programs), virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
22.214.171.124. interfere with or disrupt the operation of the Site or/and our Services or/and our Products, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
You agree that if your breach any of the above provisions of this Section 3 “Intellectual property rights”, we may (with or without notifying you) immediately unilaterally cancel any our Services and/or any our Products to be provided to you without any refund or compensation of the amounts paid for such Products.
5. Prices and fees
5.1. Prices of our Products
Access to our Products is subject to payment of particular prices solely determined by us. We will notify you of such prices then in effect in relation to our Products. If you wish to receive or use our Products, you are required to pay applicable prices in advance. We reserve the right to change prices of our Products at any time. All our prices shall be deemed to be in Euro, unless otherwise is specifically stated by us in writing.
To the extent permitted by applicable law (and unless otherwise specifically stated by us in writing), all our prices are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by respective authorities (hereinafter referred as “Taxes”). Taxes shall be borne by you in addition to our prices and you shall be responsible for payment of all applicable Taxes relating to your access and/or use of our Products, or to any other payments or purchases made by you.
If we are obligated to collect or pay Taxes for the prices payable by you, such Taxes may be added to the payment of a respective price and will be reflected in the Invoice (as it is defined in Section 5.5. Invoices below) for such transaction.
5.3. Additional fees and costs
We are not responsible for any additional fees and/or costs you may be charged by third parties in connection with the purchase of our Products (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies, etc.). All such additional fees and/or costs shall be borne by you.
5.4. Validation of your financial information
As part of registering or submitting information to receive our Products, you also authorize us (either directly or through respective third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries we may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
5.6. Refund Policy
All our downloadable Products are of intangible nature, which means that these Products have no unique material form and may be repeatedly copied and distributed.
If you have purchased any of our downloadable Products, but have never got access to this Product, you can request a refund within 30 (thirty) calendar days after the purchase and we will refund you within 10 business days after having received such a request. For the avoidance of doubt, you get access to a downloadable digital Product by clicking the link to download such a Product.
If you cannot download a Product due to technical issues in our system, please email us, and we will either resolve the problem or issue a refund. If you cannot download a Product due to any problems not dependent on us (e.g., technical issues with your equipment) we will do everything we can to deliver the Product to you, using all possible alternative solutions (like file exchange services, e-mail, etc.).
Due to the intangible nature (digital format) of our Products, even when a copy of a downloadable Product is returned to us, the purchaser may retain another copy of this Product and, in many cases, the purchaser has received a benefit from this Product prior to the return. Therefore, if you have downloaded a Product and asking for a refund, we reserve the right to issue a refund for less than the full purchase price.
6. No medical advice
The Site, our Services and our Products are for informational and educational purposes only and are not intended to replace or substitute for any professional financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaim any and all liability concerning any action by you or by any other person following the information offered or provided within or through the Site, our Services or our Products. We encourage you to seek medical advice before using the Site, our Services or our Products.
We and our Partners take reasonable measures to prevent computer viruses, Trojan horses, worms, time bombs, or any other computer code or program that may damage the operation of computers or other property or otherwise engage in computer misuse on the Site but cannot accept any liability for them, because regardless of the measures taken by us and/or our Partners, at present moment nobody can and does guarantee the absolute security from malicious software (malicious programs) on the Internet.
8. Links to other sites
The Site contains links to other websites operated by third parties. We accept no responsibility or liability for accuracy, completeness or availability of such websites, and are not responsible for the data protection or privacy policies of such websites, and accept no responsibility or liability for these policies.
9. Third party products and services
On the Site you may find links to certain third party products and services which are not provided by us. By using such third party products and services you agree that: (1) we act only as an intermediary between you and such third party products and services; (2) we do not in any way endorse any such third party products and services; (3), we shall not be in any way responsible or liable with respect to such third party products and services; (4) we will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any such third party products and services; (5) any and all use of such third party products and services shall be done solely at your own risk and responsibility, and may be subject to legal terms and conditions which govern the provision and delivery of such third party products and services; and (6) we may, at any time and at our sole discretion, suspend, disable access to or remove from the Site any third party products and services without any liability to you.
10. Disclaimer of warranties
We provide the Site, our Services and our Products on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including, but not limited to, any implied warranties or conditions of merchantability, fitness for any particular purpose, non-infringement, or any other warranty – all to the fullest extent permitted by applicable law. We specifically do not represent or warrant that the Site, our Services and our Products (or any part thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities. We cannot and do not guarantee any specific outcomes from use of the Site, our Services, or our Products.
11. Reliance on content
We use our best efforts to make the content of the Site, our Services and our Products accurate, complete and up-to-date. However, we cannot and do not guarantee that the Site, our Services and our Products are accurate, complete or up-to-date. We therefore disclaim any and all liability arising from any reliance placed on the content of the Site, our Services and our Products by you or by any other person using the Site, our Services and our Products.
12. Limitation of Liability
To the maximum extent permitted by law in each applicable jurisdiction, we, our shareholders, our employees, and/or our agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, even if they are based on negligence or if we have been advised of the possibility of those damages, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Site and/or our Services and/or our Products; (3) any unauthorized access to or use of the servers we use and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Site and/or our Services and/or our Products; (5) the use or display of any content posted, emailed, transmitted, or otherwise made available via the Site and/or our Services and/or our Products; (6) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use the Site and/or any or all of our Services and/or our Products.
Our total liability for all claims made about our Products in no event shall exceed the amounts what you paid us for our Products.
You agree to indemnify and hold us, our shareholders, our employees and our agents harmless from any losses, including attorney fees and other reasonable professional costs and expenses that result from any claims you make that aren’t allowed under the Terms due to above Section 12 “Limitation of Liability” or other provision.
14. General provisions
14.1. Changes of the Site’s content, our Services and our Products
We may change the Site’s content at any time, or suspend access to the Site, or close it indefinitely. We will not be liable if for any reason the Site is unavailable at any time or for any period.
We may change, amend, suspend or terminate any of our Services and/or our Products (or any parts thereof) with or without notifying you - at any time and in any manner. Any such changes are effective immediately upon being published on the Site. Such changes in no event will have retroactive force – except as otherwise required by applicable law.
We may deliver our notices to you either by sending an e-mail to the e-mail address you gave us, or by posting on the Site, or by communicating through any other means you gave us (like physical address). Our notice to you shall be deemed received and effective within twenty four (24) hours after it was sent to you or published on the Site. Any of your notice to us shall be deemed received and effective when it delivered by regular mail to: DIALPRO OÜ, Tartu mnt 43/F. R. Kreutzwaldi 24, Tallinn, Estonia, 10128.
14.4. Entire agreement
We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Site and/or our Services and/or our Products to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without our prior written consent.
14.6. Severability and Waivers
14.8. Interpretation and jurisdiction
14.8.1. The Term of Use is written in English, and may be translated into other languages. In case of discrepancies or conflicts between the English version of the Term of Use and any other version translated into any other language, the English version shall prevail, unless otherwise is stipulated by the Term of Use.
14.8.2. The Term of Use, its interpretation, and any claims and disputes related hereto, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Republic of Estonia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tallinn, Estonia. In the event of any litigation or dispute resolution in a such competent court, the Term of Use shall be translated into Estonian language by an authorized (according to legislation of Estonia) translator. In case of discrepancies or conflicts between the translated Estonian version and English version of the Term of Use in such a litigation or dispute resolution, the translated Estonian version shall prevail.
14.8.3. Any heading or section title or number of sections contained herein is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
14.9. Force Majeure
We shall have no liability for any delays or any failure to perform, or delay in performance of our obligations due to any cause beyond our control. This includes, but is not limited to, governmental decision, war whether declared or not (including acts of terrorism, warlike acts and hybrid warlike actions), riots, civil or military uprising, sabotage, fire, flood, droughts, monsoon, natural calamities, epidemics, quarantine restrictions, disturbance in supplies from normally reliable sources (including, but not limited to electricity, water, fuel and the like), strike and lockout or any other event which is beyond its control.
15. The terms and conditions of purchasing from our online store
15.2. To purchase any of our Products, you need to select the Product you would like to purchase by clicking the “BUY” button below the selected Product.
15.3. On the page that opens, you need to enter your name and last name, your e-mail address, billing address and phone number into the corresponding fields. We are obliged to ask your billing address in accordance with the EU legislation. We will use your phone number only in case there is a problem with your order.
15.5. The secure collection of payments is processed by PayPal, Inc.
15.6. We deliver your purchased Product(s) to you by sending you an e-mail with a link (or links) to download the ordered Product(s).
Within minutes after successful payment, you receive an e-mail with a link (or links) to download the ordered Product(s). We disclaim any liability for the delay in the delivery of an e-mail with a link (or links) to download the ordered Product(s), if you have provided inaccurate data, or if such a delay was caused by action of any third party or by other circumstances not dependent on us.
15.7. A link (or links) to download the ordered Product(s) will be available for 30 calendar days.
15.8. In the e-mail sent to you according to Section 15.6. above you receive an Invoice (as it is defined in Section 5.5. Invoices) confirming your purchase.
15.9. You will be charged in USD. If you pay in a currency that is different from USD, you may be charged a foreign exchange fee by your bank or your card provider. A currency exchange rate is determined by your provider (for example, your bank or your credit card provider) and is not controlled by us.
You can contact your bank or your card provider for information on a currency conversion rate and/or any additional fees these institutions may include for currency conversion.