Terms of Service
Terms of Service
Last modified: July 12, 2023
Welcome to FaddyTheNomad, a blog operated by Dreamnocs AB. These Terms of Service govern your use of the Dreamnocs web application, including all content and software features/functionality available through faddythenomad.com (hereinafter the “App”, “Service” or “Dreamnocs”). The App is owned and operated by Dreamnocs AB, a company formed and operating in accordance with the laws of Sweden (hereinafter “the Company,” “we,” “us,” or “our”).
Acceptance
The App is offered to you by the Company subject to your acceptance of these Terms of Service, Dreamnocs Community Policy and our Privacy Policy (collectively the “Agreement” or the “Terms”). By signing up for a user account and using the App, you (“user”, “you”, or “your”) agree to be bound by these Terms and any other supplemental terms.
Supplemental Terms
The Company may offer additional services that may be governed by supplemental terms and conditions. If you do not agree with any supplemental terms and conditions, please do not use such additional services.
Eligibility
The App is only available to individuals:
- Who are at least eighteen (18) years of age or the minimum age of eligibility to enter into legally binding agreements in their current state/province/country of residence, where such age is greater than 18 years (“minimum age”); and,
- Who have the capacity and authority to enter into a legally binding agreement.
Please note that the App is personal in nature, and you may not create a user account or enter into this Agreement on behalf of another person or entity ("a third party").
IN THE INTEREST OF PROTECTING CHILDREN’S PRIVACY, PERSONS UNDER THE AGE OF THIRTEEN YEARS ARE STRICTLY PROHIBITED FROM ACCESSING THE APP. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN.
Updates
The Company reserves the right to update these Terms as and when required to comply with any applicable laws/regulations, reflect any changes in our business practices, or any other reasons at the Company’s sole discretion. Where the Company makes any amendments to these Terms, the Company will notify you by changing the last updated date on the top of the page where these Terms appear. Unless expressly specified otherwise, any amendments to these Terms shall be effective from the date the amended Terms are published on this web page. The latest version of the Terms will supersede all previous versions. Please take the time to review these Terms regularly to familiarise yourself with any material changes.
By using the App after the updated Terms are published, you agree to be bound by such updated Terms.
The Service
User Content
The App enables users to create comments and other content, upload, post, or transmit images, text, audio, video, graphics, and other similar content (hereinafter referred to as “user content”).
You understand and accept that the App's primary purpose is to assist users in building new habits. You may not post, upload, or otherwise distribute any content on topics that are not related to habit building. You are specifically prohibited from posting any indecent, obscene, pornographic, political or religious content on the App.
We do not claim any ownership of your user content. You own all ownership rights that you may have in your user content. However, by uploading, posting, transmitting, or otherwise submitting your user content through the App, you grant us a non-exclusive, worldwide, transferable, and sub-licensable right to use, copy, modify, publish, distribute and process your user content for delivering our Service, marketing and promoting our App without any further notice, request for consent, or obligation to compensate you or another person, either now or ever in the future.
Unless expressly specified otherwise, any user content you submit on the App will be non-confidential.
To the extent permitted by applicable law, we may use some of your personal data, such as your name, to promote our Services. You understand and accept that our use of your personal data as described in these Terms is without any obligation to compensate you.
You understand and accept that other App users can view any user content you post/upload or share on the App. Please refrain from uploading, posting, or sharing any personal information that you do not wish to be publicly visible to others.
You can delete any user content you post on the App.
You also represent and warrant that you are the owner of your user content, or you have the necessary license and authorisation to upload/submit your user content on the App and grant the license and release as set out in this Section 5.1. You also release the Company and its users from any claim or action, whether now known or unknown including, but not limited to, any defamation, copyright infringement, privacy, publicity or personality rights or other similar claims or actions, arising out of any use of your user content in accordance with the provisions of this Agreement. You further grant the Company a royalty-free license to disclose your name, profile image, and email address to identify you as the source of your user content.
The site administrator has the right to remove any user content from their group provided such user content violates these Terms of Service.
The Company reserves the right to monitor, edit, or remove any user content at its sole discretion, but we are not under any legal obligation to do so. Our failure to exercise our rights does not result in a waiver of such rights. We disclaim all liability arising from or related to any deletion, loss, or modification of your user content on the App.
If you encounter any user content on the App that you believe violates any provision of these Terms or any other Company policies, you can report it. You understand and agree that although we enable you to report any user content, all decisions relating to reported user content will be taken either by the Group moderators orus at our sole discretion. We are not under any obligation to take any action for any reported user content. Please note, if you are the source of user content that allegedly violates this Agreement, we reserve the right to remove or modify your user content, terminate your user account, or report you to law enforcement authorities, as we deem appropriate.
The Company does not warrant or make any representations as to any user content on the App. Your reliance upon or use of any user content on the App is solely at your own risk. The Company will not be liable for any inaccuracies in any user content on the App. It is solely your responsibility to verify and confirm the truthfulness, accuracy, and completeness of any user content with the person from whom such it originated.
Statistical Data
The App enables users to keep track of their habits and view their own performance statistics as well as that of their group. For the avoidance of any doubt, please note that group statistics only display aggregated data of all group members, and it cannot be linked back to any individual user.
User Interactions
The App enables users to interact with each other using the live chat functionality. Notwithstanding anything to the contrary, we reserve the right to limit how users may connect and interact with each other on the App.
When interacting with other users, you are advised to exercise caution and common sense.
GENERAL DISCLAIMER
THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING MONETARY OR PERSONAL LOSS) ARISING FROM OR CONNECTED WITH THE USE OF THE SERVICE. WE DO NOT ACT AS AN AGENT, EMPLOYER, PARTNER, OR REPRESENTATIVE OF ANY USER. YOUR DECISION TO USE THE APP WILL BE ENTIRELY AT YOUR OWN RISK.
Unless explicitly stated otherwise, the Company’s responsibility is limited to facilitating the availability of the App.
Your Privacy
All your personal information is collected and processed by the Company in accordance with our Privacy Policy. The Company reserves the right to terminate your user account or restrict your access to the App if we suspect that you have provided us with false information during account registration. Please carefully review our Privacy Policy before creating your user account, and please refrain from submitting any personal information if you do not agree with our privacy practices.
Intellectual Property
All content, material or resources made available by the Company, including without limitation, any text, graphics, logos, trademarks, audio, video, interactive features, software, and the like in the App are either owned by or licensed to the Company (hereinafter “Company Content”). All Company Content is protected by applicable copyright and other intellectual property laws of Sweden and international conventions.
You understand that the Company and its licensors reserve all rights, title, and interest in their respective intellectual property. Nothing in this Agreement transfers any rights, title, or interest in any Company Content to you except the limited right to access and use the App in accordance with the provisions of this Agreement. The Company grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use the Company Content solely in accordance with the provisions of this Agreement for your personal and non-commercial use only.
The Company owns all rights in Dreamnocs trademark, service marks, trade names, brand names, and logos (collectively “Dreamnocs Marks”). You shall not remove any copyright, trademarks, or other similar proprietary notices from any Company Content. Any trademark that appears on the App that the Company does not own is the intellectual property of such trademark owner.
Any license granted herein shall immediately terminate if your user account is terminated. You acknowledge and agree that by submitting any feedback, suggestions, or ideas to the Company, you are granting the Company a perpetual right to use, in any manner, either by incorporating it into the Service or introducing a new service, without any obligation to compensate you. The Company reserves all rights that are not expressly granted to you herein.
Prohibited Activities
You will not modify, adapt, translate, or reverse engineer any portion of the App.
You will not scan, test, or probe the vulnerability of the App.
You will not breach or circumvent any security measures used by the Company to protect the App.
You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure.
Cause harm or subvert the function of the App by introducing any viruses, trojan horses, time bombs, cancelbots, or other computer programming routines that may damage, modify, delete or interfere with any system, data, or information stored on our servers.
You will not use any robot, spider, site scraping/retrieval application, or any other automated routines in order to scrape any data/information from any part of the App.
You will not use any alternative means to access the App other than the interface provided by the Company.
You will not submit any content or material on any third-party sites that falsely express or imply that such content or material is sponsored or endorsed by the Company.
Interfere with or disrupt the operation of the App.
Any violation of the above may result in suspension/termination of your user account, and we may take any appropriate legal action to ensure the safety of our users.
Disclaimer of Warranties
THE APP AND ALL COMPANY CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USE OF THE APP IS AT YOUR SOLE RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE APP OR COMPANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the App, your violation of these Terms, or your violation of any third-party rights.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of laws principles. Any legal action, suit, or proceeding arising out of or relating to these Terms or the App shall be commenced in the competent courts located in Sweden.
Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms, together with our Community Policy and Privacy Policy, constitute the entire agreement between you and the Company concerning the App and supersede any prior or contemporaneous agreements, proposals, discussions, or communications, whether oral or written, between you and the Company regarding the subject matter herein.
Contact Us
If you have any questions or concerns regarding these Terms of Service, please contact us at foad [at] dreamnocs [dot] com.