Datevitation Inc., dba Dream Big Podcast (“Dream Big Podcast”) provides service to users through its websites, www.DreamBigPodcast.com, SchoolSuccessBlueprint.com, and BigDreamerAcademy.com (collectively, the “Dream Big Websites” or “Websites”), subject to the following Terms of Service, which may be updated or modified by Dream Big Podcast at any time without notice to you. Whenever you access Dream Big Podcast’s website, you do so subject to the Terms of Service and all policies or procedures specifically incorporated herein by reference.
Acceptance of Service
Your use of the Websites constitutes your acceptance of and your agreement to abide by these Terms of Service. Do not use the Websites if you do not agree to the Terms of Service.
Description of Service
The Websites offer a comprehensive personal development program filled with online learning activities, lessons, resources for parents and their children. The Websites are not a school or an alternative to school. The Service is provided “as-is” with no fitness implied for any use and no guarantee of reliability or durability. As a online-based service with ongoing updates based on user feedback, there may be problems of implementation or performance, commonly known as “bugs”. Dream Big Podcast strives to test, update, maintain, and optimize its system regularly so that the Service is delivered to users safely and effectively, but Dream Big Podcast makes no guarantees as to the quality, reliability or fitness for any particular purpose of its Service.
Payment and Refund Policies
All Payments Received are to be in USD (United States Dollars). Dream Big Podcast accepts payments online using Visa, MasterCard, Discover, American Express.
Payments for School Success Blueprint, Big Dreamer Academy, and any other Dream Big Podcast products are non-refundable, with the exception of valid 30-day Guarantee request. To claim the 30-day Guarantee, purchasers must email Olga at email@example.com within the first 30 days of purchase. This is a firm policy. Refunds will not be granted after 30 days from the purchase date, for any reason.
Billing Security. Dream Big Podcast uses Secure Sockets Layer technology that sends credit card data in encrypted code. Dream Big Podcast does not keep a record of, or have access to your credit card number.
Passwords. Your password gives you access to the Membership platform which contains the content that you purchased. Please take appropriate measures to keep your password confidential and do not share it with third parties or with your children. You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions. If your password gets disclosed, please advise Dream Big Podcast immediately and we will issue a new password and eliminate the previous one.
You acknowledge and agree that the Service provided by Dream Big Podcast, and all necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through our website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Dream Big Podcast, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service provided by Dream Big Podcast or the Software, in whole or in part.
You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Dream Big Podcast website.
Grant of Limited License. Dream Big Podcast grants to you, the Licensee, and your listed users, a personal, nonexclusive, and nontransferable license to use the Service on a single computer or smart device at a time. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Dream Big Podcast for use in accessing the services.
Restrictions of Use. You understand that the Software and Service offered by Dream Big Podcast are wholly owned by Dream Big Podcast and/or its vendors or third party web sites and are protected by copyright and other laws in the United States and elsewhere. A Licensee may not copy or distribute the Software or Service to anyone, for any purpose, at any time. As a Licensee, you are permitted to the use of the Service for the number of users subscribed while they are paying for its use: there is no transfer of ownership or copyright. You agree that this License grant does not include the rights of modification, manufacture, distribution, sale, or sublicense. Dream Big Podcast reserves the right to terminate access to the Membership dashboard without refund if it is determined that you have violated this portion of the Terms of Service.
Dream Big Podcast respects the intellectual property of others and we ask our subscribers to do the same. If any copyright owner believes that there is any intellectual property infringement on the Dream Big Podcast.com website, please contact us at firstname.lastname@example.org and we will investigate and take corrective action. If you believe that your work is accessible on the Dream Big Podcast service in a way that constitutes copyright infringement, you may notify us via email (Olga@DreamBigPodcast.com) by providing the following information:
A description of and the location of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the specific language, image(s) or functionality on the Dream Big Podcast website or iOS App that you believe to be infringing;
Identification of the URL or other specific location on the Dream Big Podcast website or iOS App where that material is located;
Your name, title, organization, website address, mailing address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest attesting to all of the above.
You agree to indemnify and hold Dream Big Podcast, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post, transmit or make available through the Websites, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Disclaimer of Warranties
1. DREAM BIG PODCAST PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. DREAM BIG PODCAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. DREAM BIG PODCAST MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DREAM BIG PODCAST OR THROUGH OR FROM THE WEBSITE OR iOS APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DREAM BIG PODCAST SHALL NOT BE LIABLE FOR ANY DIRECT, 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 DREAM BIG PODCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOUR SOLE REMEDY WILL BE A FULL REFUND FOR ANY AMOUNT PAID TO DREAM BIG PODCAST.
No Guaranty of Results
Dream Big Podcast is a resource to assist your child in their personal development and for entertainment purposes. Because every child learns differently, Dream Big Podcast cannot guarantee particular results from a child’s use of the Service.
Modification of Terms
The Terms of Service (and any agreement, rule, or policy incorporated by reference) may be modified by Dream Big Podcast at any time by publication through the Dream Big Podcast website or by sending you an email. You are responsible for regularly reviewing the Dream Big Podcast website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after 31 days of when such modifications have been posted or you have been alerted by email.
Jurisdiction, Venue, & Interpretation
The Terms of Service shall be governed by and construed in accordance with the laws of the State of California. Each party consents to personal jurisdiction and venue in Los Angeles County Court. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court of competent jurisdiction rules as invalid any provision of this agreement or the application of any provision to any person or circumstance, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service, the use of the Dream Big Podcast Websites, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Terms of Service constitute the entire agreement between you and Dream Big Podcast and govern your use of the Service offered by Dream Big Podcast. The Terms of Service supersede all prior agreements between you and Dream Big Podcast. You understand and agree that you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Dream Big Podcast to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.