
Welcome to the Terms and Conditions for Realize Dreams, a service powered by Nivafy. This document is an extension of Nivafy’s detailed and comprehensive framework of terms, tailored specifically for the Realize Dreams platform. Our commitment to clarity, transparency, and legal compliance is reflected in the thorough nature of these terms, which are designed to ensure a mutual understanding of rights, responsibilities, and expectations between you, the user, and Nivafy, the service provider. We encourage you to read these Terms and Conditions carefully to fully understand the guidelines governing your use of Realize Dreams.
Introduction, Overview, and Your Agreement
These Terms of Service (together with any other terms or information incorporated herein by reference) (collectively, the “Terms”) govern your access to and use of Nivafy’s Realize Dreams AI tools and related services (“Realize Dreams,” “we,” “us,” or “our”) available through our website, app and platforms. These Terms do not modify any other agreement you may have with Nivafy for products, services, or otherwise. Please see Nivafy Terms and Conditions.
PLEASE READ THESE TERMS CAREFULLY AND IN THEIR ENTIRETY BEFORE USING REALIZE DREAMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS INCLUDES AN AGREEMENT TO SUBMIT (WITH LIMITED EXCEPTION) ALL CLAIMS YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, YOUR USE OF REALIZE DREAMS, AND OUR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS.
By accessing or using Realize Dreams, you affirm that you: (1) have the legal capacity and agree to comply with these Terms, and (2) are not a minor in the jurisdiction in which you reside. Access or use of Realize Dreams is unauthorized if you do not meet these criteria.
Your Information
For information concerning how and why we might collect, store, use, and/or share your personal information when you visit the Site, please read and review our Realize Dreams Privacy Policy and Nivafy Privacy Policy.
Subject to these Terms, Nivafy grants you a limited, non-exclusive, revocable, and personal license to access and use Realize Dreams solely for noncommercial and informational purposes.
Unless explicitly stated otherwise by Nivafy, all content displayed or made available on Realize Dreams, including but not limited to text, images, illustrations, designs, logos, domain names, service marks, software, scripts, and the selection, compilation, and arrangement of any of the foregoing, is owned by Nivafy, its affiliates, licensors, and/or other third parties (“Realize Dreams Content”). Realize Dreams and all Realize Dreams Content are protected by copyright, trade dress, trademark, moral rights, and other intellectual property laws in the United States, the United Kingdom, and internationally. All such rights are reserved.
All registered and unregistered trademarks, logos, and service marks on Realize Dreams are the property of Nivafy. Nothing on Realize Dreams should be interpreted as granting, by implication, estoppel, or any other means, any license or right to use any trademark, logo, or service mark displayed on Realize Dreams without Nivafy’s prior written consent, except as otherwise explicitly described in these Terms.
You bear full responsibility for your activities while using Realize Dreams, including any content, information, or materials you post or upload. By agreeing to these Terms, you commit to abide by all applicable federal, state, local laws, and regulations in your use of Realize Dreams. You agree not to engage in or assist others in prohibited conduct as outlined below.
We reserve the right (but are not obligated) to monitor Realize Dreams for violations of these Terms and to take necessary actions, including legal measures, against anyone violating these Terms or the law. We may deny access to Realize Dreams or its features to anyone who breaches these Terms, interferes with others’ enjoyment of our services, or infringes upon the rights of others. We aim to manage Realize Dreams in a way that protects our rights and property and ensures its proper functioning.
Prohibited activities on Realize Dreams include, but are not limited to:
- Violating these Terms or other applicable policies and terms;
- Posting sensitive personal information about yourself or others;
- Copying or adapting Realize Dreams software, such as Flash, PHP, HTML, JavaScript, or other code;
- Uploading harmful software like viruses, worms, spyware, or Trojans that can disrupt or damage Realize Dreams;
- Using automated systems like spiders, robots, or data mining tools unauthorizedly to access Realize Dreams;
- Interfering with, vandalizing, or disrupting Realize Dreams’ servers or networks;
- Bypassing security measures of Realize Dreams;
- Impersonating others or falsely representing affiliations;
- Using Realize Dreams’ contact information to harass or threaten our employees or agents;
- Utilizing Realize Dreams in any way that violates any applicable laws or regulations;
- Attempting any of the above.
Engaging in these prohibited activities can result in immediate termination of your access to Realize Dreams and potential legal action.
Nivafy respects intellectual property rights and has adopted the procedures outlined in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, for addressing allegations of copyright infringement. If you believe in good faith that copyrighted material available on Realize Dreams is being used in a way that constitutes copyright infringement, you are encouraged to submit a Notice of Infringing Material.
Before filing a Notice of Infringing Material, it is advisable to consult with a legal professional to fully understand your rights and obligations under the DMCA and other applicable laws. This is particularly important because if your Notice does not meet all the requirements of sections 512(c)(3) of the DMCA, it may not be effective.
Termination of Repeat Infringers
We will terminate or disable your use of our services in appropriate circumstances if we deem you to be a repeat copyright infringer.
Notices must be sent to:
Nivafy DMCA Agent
Nivafy AI Inc. (https://nivafy.com/)
Address: 710 South Myrtle Ave unit 120, Monrovia, Ca 91016
Email: [email protected] (with a copy to: [email protected])
Realize Dreams is made available on an “AS IS” and “AS AVAILABLE” basis. To the extent not prohibited by law, Nivafy makes no warranties, whether express, implied, statutory, or otherwise, concerning Realize Dreams or any content on websites linked to it. We expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Nivafy does not warrant that (A) Realize Dreams will meet your requirements, (B) access to and use of Realize Dreams will be uninterrupted, timely, secure, or error-free, and (C) the results obtained from using Realize Dreams will be accurate or reliable.
Nivafy reserves the right, in our sole discretion, to modify or discontinue, temporarily or permanently, Realize Dreams (or any part thereof) with or without notice. You agree that Nivafy shall not be liable to you or any third party for any modification, suspension, or discontinuance of Realize Dreams, except as provided in the “Limitation of Liability” section.
You understand that Nivafy is not responsible for any activities or legal consequences arising from your use of Realize Dreams. Users are responsible for complying with all applicable laws and regulations of the jurisdictions in which they are domiciled, reside, or are located at the time of access or use, as well as these Terms. Violation of these Terms may result in the suspension or termination, at our sole discretion, of your access to and use of Realize Dreams.
Exclusion of Damages: To the maximum extent permitted by applicable law, Nivafy and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Platform.
Limitation of Liability: In no event shall our total liability to you for all claims arising out of or in connection with these Terms or your use of the Platform exceed the amount you paid, if any, to us for accessing and using the Platform.
Our liability for anything that occurs on the Service is limited to the extent of the law. If there is any issue with the Service, we are unable to anticipate all potential consequences. You agree that we are not liable for any lost profits, revenues, information, or data, or any indirect, special, exemplary, punitive, or incidental damages related to these Terms, even if we are aware of the possibility of such damage. This includes when we remove your content, information, or account. Our total liability related to these Terms will not exceed $100 or any payments made to us within the past twelve months.
We don‘t have control over what other people do or say and we aren‘t responsible for their behaviors or actions (whether online or offline), or content (including unlawful or offensive material). We aren‘t responsible for services and features offered by other people or companies, even if you access them through our Service.
You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney‘s fees and costs, arising out of or in any way connected with your use of the Service or any breach of these Terms. You will, at our request and expense, assist us in defending or settling any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
Realize Dreams may provide access to third-party websites through links on our platform. Please note that these Terms apply exclusively to Realize Dreams and not to any other websites you may access through our links. Similarly, if you have navigated to Realize Dreams via a link from another website, the terms of that website do not apply to Realize Dreams. Nivafy does not assume any responsibility for the terms of use or content of external websites accessed via these links.
You are permitted to establish a hypertext link to Realize Dreams, provided that the link does not suggest or imply any sponsorship of your website or service by Nivafy or Realize Dreams. It is important to note that unless explicitly agreed to by us in writing, any reference to our products, services, processes, or other information by trade name, trademark, logo, or otherwise by you or any third party does not imply our endorsement, sponsorship, or recommendation.
Without Nivafy’s prior written consent, you are not allowed to frame or inline link any content from Realize Dreams, scrape content from the platform, or incorporate any of our material, content, or intellectual property into another website or service. Any such use should only occur in accordance with a license agreement or specific terms provided by us.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
Your non-compliance with any part of these Terms does not constitute a waiver of our rights under these Terms, even if we do not take immediate action. This means that our rights and obligations under these Terms remain enforceable despite any inaction on our part in response to any breach by you.
Furthermore, should any provision of these Terms be deemed invalid or unenforceable by a court of competent jurisdiction or an arbitrator, such determination will not affect the validity and enforceability of the remaining provisions. The rest of the Terms will continue to be in full force and effect, and we will enforce them to the fullest extent permitted by law.
You are not permitted to assign or delegate these Terms, or any rights or obligations herein. Any attempt to do so will be considered null and void and will result in the automatic termination of your rights to use Realize Dreams. However, Nivafy may assign or delegate these Terms or any rights or obligations under these Terms in the context of a merger, acquisition, sale of all or substantially all of our assets, or as part of a corporate reorganization, either to an affiliate or a third party.
Unless specified otherwise, all notices to Nivafy under these Terms should be sent to our designated email address [email protected], which will be provided for legal communications.
Nivafy reserves the right to modify or change these Terms. Any revised version will be posted on the Realize Dreams platform or communicated to you in another manner. The top of the revised Terms will indicate the date of the most recent revision. Changes will not be retroactive and will only become effective no earlier than fourteen (14) calendar days after posting, except for changes made for legal reasons, which will take effect immediately. Your continued use of Realize Dreams after any changes indicates your acceptance of the new Terms.
