Working Dreamers is a project owned by Seven Circles Solutions, the "Company" (also referred to as the "Company"), whose address is at Chera Chambers, Main Street, P.O. Box 3163, Road Town, Tortola, British Virgin Islands, the office of the first registered agent.
This Agreement is concluded between the Company and you ("the User"), the User of the applications and services provided by the Working Dreamers Website and is legally binding as to your use of the Working Dreamers Website.
The User represents that he has the capacity to enter into this Agreement. If the User is below the age of 18, he must have been authorized to use Working Dreamers Website by his parents or guardian. All individuals and legal entities, acting alone or representing third parties, may use the Working Dreamers Website, regardless of whether they perform a professional, commercial or other activity. If the User is acting in the name and on behalf of his employer, he must have been granted the relevant authority or power.
Updated on April 5, 2017.
"Competition" on Working Dreamers Website, means a an organized competition on the Working Dreamers Website, under Working Dreamers' authority, on behalf of and on a Project Owner's initiative with a view to select one or more Submissions and appoint one or more winners from among participating Users and, if the case arises, to the assignment of the intellectual property rights upon the Submissions selected as winners to this Project Owner, pursuant to the terms and conditions defined in the Rules. Calls for Entries are talent and skill based competitions. Chance plays no part in determining the winners;
"Project Owner" means Working Dreamers' client having gained access to Working Dreamers' professional services and on behalf of whom Working Dreamers organizes a Competition. "Project Owner" will pay a fee depending on the level of the service a Project Owner requires of the Project;
"Judge Panel" means several assigned Judges by a Project Owner, considering a winner(s) from the top leading projects by Voters;
"Voter" means any individual who first register via Facebook, and Submit their votes to the Contributors' Submissions. Voters can vote once to as many Projects as they want;
"Working Dreamers Service" means the services provided by Working Dreamers to the Users on Working Dreamers Website. Working Dreamers Service may be provided by any entity of the Company;
"Working Dreamers Website" means the Internet website (www.WorkingDreamers.com) created and set up by the Company allowing Users to upload their Submissions and participate in the Competition;
"Bounty" means the sums paid to the Users selected as winners of a Competition Winners are chosen by;
"Rules" means the terms and conditions issued for each Competition and setting forth the use of the Submissions by the Project Owner for whom a Competition is organized by Working Dreamers;
"Submission" means the submissions, such as the photographs, the videos, graphic content and/or text uploaded by Users within the scope of the Working Dreamers Service. Only digital Submissions can be uploaded onto the Working Dreamers Website;
"Payment" or "Fees" means Project Owners agree to pay the Fees for the chosen level of service (Basic, Advanced, Premium packages) directly to the Company once creating the Project. Payments are collected and processed as more specifically described later on under the heading "Fees and Payments."
Terms in the singular shall be held to include the plural and vice-versa, and reference to one gender shall be held to include a reference to the other.
2) Description of the Working Dreamers Service
2.1.1) Organization of Competition
Working Dreamers operates a crowdsourcing platform for hosting contributory content for the purpose of delivering content by leveraging a community consisting of creative Users.
To this end, Working Dreamers conducts the Competition, which includes without limitation providing technical functionalities allowing uploading the Submissions, moderating the Submissions, managing the contractual relationships between the Project Owners and the Users, acting as intermediary, in order to enable the intellectual property rights on the winning Submissions to the Project Owners.
2.1.2) Fees and Payments
Participation in WORKING DREAMERS platform would require a particular fee, depending on the level of the service a Project Owner requires. The Project Owner has an opportunity to review and accept the fees that Project Owner will be charged. The Fees are presented in the table below:
Changes to fees are effective on the date on which WORKING DREAMERS posts the changes on the Site. Project Owners are responsible for paying all fees and / or taxes associated with Project Owners' use of the Service. If Project Owners do not agree to any of the fees and / or any changes thereon, Project Owners may not use the Service.
Project Owner agrees to pay all fees and charges by Project Owner or anyone using their registration information. The Company may revise the pricing for services offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable. If there is a dispute regarding payment of any amounts owed by Project Owner, Project Owner's registration may be closed without warning or notice at the Company's sole discretion.
Project Owners agree that they will be responsible to pay the Bounty and/or prize to the winner(s) up to two weeks after the official announcement of the winner.
2.1.3) Participation in Competition
The purpose of the Competitions is to enable Users to make Submissions complying with the guidelines defined in the Project Rules section. Templates of the Rules are available on the Working Dreamers Website in English and Arabic. Summarized Terms and Conditions are also available on the Working Dreamers Website in English and Arabic.
Participation in a Competition is subject to creating a User account on Working Dreamers Website via logging in with Your Facebook account.
Before participating in a Competition, the User undertakes to carefully read the Rules of participation and undertakes to abide by these Rules for the whole duration of his/her participation.
Compliance of the Submissions with the guidelines defined in the Rules is controlled by the Company. Non-compliant Submissions are rejected.
2.1.4) Selection of the winning Submissions
After the end of the submission period, idea's submission with the highest votes by voters will be reviewed by a judge panel (which will be selected by the Project Owner). The Judge panel will select the winner within seven working days after the deadline of the Project.
2.1.5) Assignment of intellectual property rights.
After the selection of the winner submissions by the Judge Panel, , the Project Owner will contact the winner to receive the intellectual property rights. Unless stipulated otherwise, every winner's intellectual property will be assigned to the Project Owner.
The Users whose Submissions are selected as winning Submissions receive the Bounty and/or prizes set forth in the Rules under the condition that has been accepted by the User upon participation.
Unless stated otherwise, Bounty amounts are paid by the Project Owner to the winner's bank account (or via any other applicable money transfer system for example Western Union) up to two weeks after the announcement of the winner.
3) Registration and User account
The User is responsible for all use of Working Dreamers Website made using his Facebook account.
Unless provided otherwise, Working Dreamers' Service is available anywhere, as long as the minimum technical requirements are met, particularly in terms of access to the Internet, mobile phone network, compatibility of technical equipment used. Given the global nature of the Internet, the User agrees to abide by all the rules of public policy relating to the behaviour of Internet users and enforceable in the country from which he uses the Service.
4) Procedures for submitting Submissions
Users submit their Submissions to Working Dreamers Website by uploading to Working Dreamers' servers using Working Dreamers Website.
The Working Dreamers Website is the only way of submitting Submissions to the Competition. Submissions transmitted by any other mean shall be void.
Files containing the Submissions uploaded by the User must conform to the technical specifications posted on the Working Dreamers Website which may be changed by Working Dreamers from time to time.
The User warrants that the files and data provides to Working Dreamers shall not under any circumstances be originals, but a copy of the originals which shall be retained by the User. The User acknowledges and agrees that Working Dreamers shall not incur any liability for the loss of the files or data submitted to it by the User.
The User undertakes to provide all the information it requires in order to index each Submission. This indexation process consists inter alia of providing a description of the Submission, allocating key words to each Submission, providing a title and caption for each Submission.
Communication of the Submissions on the Website depends on the level of confidentially chosen by the Project Owner:
When a Competition is "public", the Submissions are available online with no restriction.
When the Competition is "private", the Submissions can only be seen by the Project Owner through Working Dreamers website. Whenever the Competition is "private", a password may be added by the "Project Owner" to ensure only selected Users can participate in the Competition.
5) Prohibited Content
The User undertakes not to upload on Working Dreamers Website illicit content, of any kind or any nature: - which is an infringement of an intellectual property right, an unfair competition/passing off;
- which constitutes justification of crimes against humanity or war crimes, Nazism, justification of other crimes, offences or fines, a denial of the existence of crimes against humanity or known acts of genocide; a violation of human dignity;
- which encourages to commit fines, offences or crimes of any kind whatsoever including terrorist acts;
- which is violent or
pornographic, pedophilic or likely to violate a minor's right; - which is a
breach of public order or decency;
- which is defamatory, libelous, or insulting of or to any individual or legal entity;
- which is racist, xenophobic, a denial or likely to damage anyone's reputation, which provokes discrimination, hatred or violence vis-ˆ-vis an individual or group of individuals on account of their origin, sex, family situation, physical appearance, family name, health, disability, genetic characteristics, morals, actual or assumed sexual tendencies, age, political opinions, union activities, actual or assumed adherence to an ethnic group, nation, race or religion;
- which is an invasion of privacy or which breaches privacy or any right of publicity;
- which contains any virus, worm, Trojan horse or any computer file or program that is liable to interrupt, totally or partially destroy or restrict the functions of any computer or IT network that has any (distant or close) relation with Working Dreamers' activities;
- which threatens a person or people ;
- which breaches confidentiality of private correspondence;
- which allows a third party to acquire, directly or indirectly, pirated software, software that allows acts of piracy and intrusion into computer sysTerms and telecommunications, viruses and other logic bombs and generally any software or other tool which allows to infringe the rights of others and to endanger the safety of persons and property;
- and/or which breaches or is contrary to applicable laws and regulations.
When uploading his every Submission and as long as he uses Working Dreamers Website, the User warrants that the Submissions are not prohibited content. Thus, the User undertakes to renew this warrant at each upload by ticking the "I warrant" box (Working Dreamers may change the name of the album without changing its main characteristics).
6) Rules of good behavior
The User/Voter undertakes to act with courtesy towards others Users and other Users' Submissions. Thus, the User abstains from denigration and from publishing messages or comments that constitute pornographic, racist, pedophile content or messages that are likely to violate a minor's rights; abusive, defamatory, libelous, violating the rules of courtesy; and more generally messages which breach or are contrary to applicable laws and regulations.
Furthermore, the User/Voter undertakes not to upload promotional messages for products or illicit or regulated services (including tobacco, alcohol, drugs, weapons); not requested or unauthorized promotional messages; to formulate sexual proposals to an underage; to harass other Users; to give information linking towards other sites (either by hyperlinks or by the provision of information) whose contents would be likely to contravene any law and regulation in force, and in particular would be likely to violate people's rights and to endanger the safety of goods, and/or the intellectual property rights; to upload messages which are likely to harm Working Dreamers or a Project Owner or likely to damage Working Dreamers' or a Project Owner's image or reputation; to communicate or to propagate rumors; to use the Working Dreamers Service for promotional purposes and generally to offer products and services against remuneration in a direct or indirect way, except specific and distinct contract with Working Dreamers; and/or to collect and store personal data related to other Users. Usernames must abide by rules of good behavior. Erotic, pornographic, racist, violent usernames are prohibited as well as usernames, which copy a commercial brand, a famous brand.
7) Intellectual property
The User grants Working Dreamers and its affiliates, the non-exclusive right to use, reproduce, print, represent, broadcast, display, communicate, transmit, and to modify reasonably required, the Submissions and comments in whole or in part, either associated with other works or not of any nature whatsoever, for the following uses: broadcasting on the Internet and mobile phone networks in order to provide the Working Dreamers Service, which includes the websites edited by Working Dreamers, on social media websites, on video sharing websites ; uses in all media and all formats for the promotion, advertisement and presentation of Working Dreamers' activities, as well as for internal and external communication, press release, sales documentation, public relations, direct or indirect marketing, and corporate communications; use (internal use and communication to third parties) of the Submissions for market research activities, research and development which include, but are not limited to, the analysis of the Submissions, the analysis of ideas and concepts embodied in the Submissions, the generation of insights, establishing and/or using consumer panels to assess reactions to the Submissions and to ideas and concepts embodied in the Submissions, with no number limitation, the right to print on documentation used internally and externally for the analysis of the Submissions. This license is granted for free and on a worldwide basis. It takes effect when the Submissions are uploaded on the Working Dreamers Website and for the legal duration of protection of the intellectual property rights upon the Submissions.
In this respect, the User warrants that he has obtained written permissions of all the people represented on the Submissions, or of their contractual or legal representatives, in order to use their image, allowing the User to make commitments under this Agreement. The User irrevocably undertakes to provide at any time any written proof or a copy of all written documents confirming such authorizations.
The User warrants that he is the sole proprietor of the granted intellectual property rights. In the event the User is not the sole proprietor of the aforementioned rights, he irrevocably warrants that, before making his Submissions available, he obtained all of the authorizations and rights required for the license in writing from all proprietors of intellectual property rights to the Submissions or from the copyright collecting societies representing such proprietors allowing the User to make commitments under this Agreement, in his own name and, where applicable, in the name and on behalf of the aforementioned individuals. In this respect, the User irrevocably undertakes to provide any written proof or a copy of all written documents confirming such authorizations.
As a result, the User shall pay all amounts owing to the said proprietors of intellectual property rights and said copyright collecting agencies in respect of the reproduction, representation and exploitation, free of charge or for valuable consideration, of the Submissions. The User warrants that he has not assigned, licensed or transferred to a third party, by any means, some or all of the rights to the Submissions, including any right of first refusal, preferential right or option under conditions that would prevent him from entering into this Agreement, and undertakes to refrain from doing so for as long as the User makes his Submissions available on Working Dreamers Website.
The User is hereby informed that he may incur liability should any of his representations be inaccurate.
If the User is unable to warrant Working Dreamers in the terms set out hereinabove, the Company may cancel or terminate the Agreement.
9) End of the Agreement
9.1) The Company's right to terminate the Agreement
The Company may at its discretion terminate the Agreement, in whole or in part, as from the effective date hereof, without prejudice to any damages that may be owed to it by the User if the User breaches any one of its obligations.
9.2) Consequences of the end of the Agreement
The User acknowledges that the termination of this Agreement shall not call into question the authorizations, licenses, and assignments granted when participating in the Competition, and more globally any contracts concluded by the User when using the Working Dreamers Service prior to the termination of the Agreement.
The Company reserves the right to suspend access to a User account without compensation, at any time and eventually without prior notice, temporarily or permanently:
- if the User obviously
- if the personal information used to create a User account turns out to be false,
- If Working Dreamers is likely to be liable and if Working Dreamers' reputation is likely to be jeopardized because of the User's use of the Working Dreamers Service.
In case a User account is suspended, Working Dreamers sends an email to the User whose User account is suspended in order to let him know that the User account is suspended and the reasons of suspension.
In case a User account is suspended, the User may no longer upload Submissions onto Working Dreamers Website. However, the User may access his personal details, his User account and the Submissions uploaded to his User account. The illicit content will be removed from the Working Dreamers Website and will no longer be accessible.
11) Personal data
The personal details extracted from Facebook to logging in as User account on the Working Dreamers Website and those provided afterwards by the User in his User account are processed by Working Dreamers.
The controller and recipient of these personal details is Working Dreamers.
Working Dreamers collects and uses personal details (such as last name, first name, email address, post address, date of birth) in order to provide the Working Dreamers service comprising of hosting content and organizing Competitions to carry out the management of the Users including the payment of the Users, the management of the contracts, invoices and accounting; to carry out market studies, in compliance with applicable law; for commercial statistics; to send solicitations; to contact the User in order to answer any questions the User may raise; to retain a trace of the exchanges and transactions carried out between the Company and the Users.
Subject to the User's consent, the Company will share some details with third parties for prospection purposes. The Company will share the winners' personal details with the Project Owner having gained access to Working Dreamers' professional services for the purpose of enabling the Project Owner to exercise all of its rights under the Rules on servers maintained by us within or outside of the British Virgin Islands and/or in any other jurisdictions, including jurisdictions which may not have equivalent data protection requirements to the British Virgin Islands.
When the user visits the Working Dreamers Website, Working Dreamers may record and store a "cookie" on the user's computer, smartphone and tablet. For the following purposes:
- identifying the user
during each connection to the Working Dreamers Website and facilitating his/her
access to the Working Dreamers Website;
- personalizing the interface of the user account;
- measuring the traffic of the Working Dreamers Services;
- ascertaining the origin of the user.
Definition of the cookies
A cookie is a text file put down on the hard drive of the terminal of the user (computer, mobile phone or tablet) during the visit of a web site. It aims at collecting information relative to the browsing of the user and at sending him/her adapted services.
Cookies are managed by the browser of the user.
Setting up of the browser
User can decline to accept the Cookie by setting the browser to notify when the Cookie is received following instructions hereinafter and being aware that the refusal may affect the use of website.
Windows Internet Explorer 10 and Windows Internet Explorer 11
1. Click on the "Tools" menu and select "Internet Options". 2. Open the "Privacy" tab.
3. In the "Settings" area - to disable cookies move the slider bar to "Block All Cookies" (at the top).
4. Click OK.
1. Click on the Firefox button ("Tools" menu in Windows XP) and then click "Options"
2. Select the "Privacy panel" 3. Set "Firefox will": to "Use custom settings for history"
4. Check mark "Accept cookies from sites" to enable Cookies, and uncheck it to disable them.
5. Choose how long cookies are allowed to be stored: Keep until "they expire" or "I close Firefox" or "ask me every time"
6. Click OK to close the Options window
1. Click on the "Tools" menu and select "Options".
2. Click the "Under the Bonnet" tab and locate the "Privacy" section, and choose the "Content settings" button.
3. Click the "Cookie settings" tab and choose your preferred settings. 4. Click on the Close button when you've finished.
The Company shall be liable solely for any direct damages caused on account of a fault committed within the scope of the Agreement. In no event the Company shall be liable for indirect damages such as revenue loss, date loss, customer loss, financial or commercial damages, commercial troubles, loss of earnings, or immaterial damage.
The User is responsible for saving a backup copy of all files and data he wishes to retain.
No advice or information provided by the Company shall constitute a warranty.
The Company shall not be held liable for any problems that arise in connection with the broadcasting of Submissions or comments or, more generally, for any problem on the Internet which affects the use of the service, in particular, the viewing and uploading of Submissions. The Company makes no warranty regarding the conditions of broadcasting, the quality of the Works broadcasted and transferred or accessibility thereto. The Company makes no warranty regarding the provision of an uninterrupted service and cannot guarantee that Users will have access to all of the services offered at any place in as much as the minimum technical requirements enabling access to the Company's applications are not its responsibility.
To the extent permitted by law, the Company shall not be held liable for any issue, complaint, opposition, claim, or damage (i) related to the use of the Submissions by a Project Owner, a User or any other third party (ii) related to any breach of the Rules by a Project Owner or a User, or (iii) related to the negotiation, completion or execution of any contract, regardless of its nature, that a Project Owner may enter into with a User without the Company being a party thereto.
14) General clauses
The User expressly authorizes Working Dreamers to sub-contract some or all of its commitments arising hereunder.
14.2) Evidentiary value
14.3) Independent contractors
14.4) Assignment of the Agreement
The Company may assign its rights and obligations arising hereunder, in whole or in part, to any legal entity of its choice without the prior consent of the User.
In the event either party fails to rely on a breach by the other party of any of its obligations hereunder, it shall not be deemed to have waived the obligation at issue.
14.7) Intellectual property owned by the Company
The use of Working Dreamers' application, the uploading of Submissions onto such application and the acquisition of Submissions via the Working Dreamers Website by no means authorizes the User to use or acquire a right of title to the Company's intellectual property assets such as works, inventions, compilations, slogans, logos, software, drawings and designs, trademarks, domain names.
The Company shall retain all of its rights to its intellectual property.
15) Jurisdiction and Governing law
All business undertaken between the Company and the User is subject to British Virgin Islands law and the exclusive jurisdiction of the British Virgin Islands Courts for advice in respect of British Virgin Islands matters and British Virgin Islands law and the exclusive jurisdiction of the British Virgin Islands Courts for advice in respect of British Virgin Islands matters, provided that we may sue in respect of outstanding fees, expenses, disbursements and other sums or obligations owing to us in any jurisdiction.