Makers de Rêves et Dream Makers logo

Membership contract

Welcome to the Dream Makers crowdfunding platform website (the “Website”). The following Membership Agreement (the “Membership Agreement”) contains the terms and conditions that govern your use of the Website and our Services (as defined below). In addition, this membership agreement describes your rights and responsibilities and what you can expect from the Website and our services.

Read this Agreement carefully! It explains our refund policy, the mutual obligation to arbitrate claims, and your responsibility to file a claim as an individual. If you disagree with all terms, don’t access or use our Website and Services or any information or material contained on the Website.

9227-0917 Québec Inc., (“9227-0917 Québec inc.” and “We”) owns and manages the Website and reserves the right to add, delete and modify the terms and conditions contained in this contract Membership at any time and its sole discretion by posting a change notice or a new agreement on the Website. In the event of substantial modifications to this Membership Agreement, we will publish the new conditions on the Website. You will need to confirm the terms, and we will notify you by email. If any modification is unacceptable to you, your only recourse is not to use the Site and our Services. Request membership’s immediate termination provides a range of educational products and services through the Website (all such products and services, collectively, “our services”), including, without limitation, training and materials to develop a crowdfunding campaign and promote a fundraiser. In addition, we reserve the right to add, change or remove prices, content, or services from the Website or our Services from time to time.

1.2. Description of the project acceptance process. The Dream Makers Crowdfunding Platform requires a Business Model Canvas and a business plan to analyze the project before acceptance. Our project management service can guide you if you do not have one. (Paid service). The user we accept on the platform will receive an acceptance email, and he will receive a date to make his project pitch before the decision-making committee. The not admitted user will receive an email stating why he accepted user3—crowdfunding platform. If you use the Dream Makers Crowdfunding Platform, you agree to pay a 10% commission fee in addition to applicable country taxes. We will deduct the cost from the contributions received from the total campaign goal.

1.4 Payment Provider. The payment provider for the Dream Makers Crowdfunding Platform is Stripe. You agree to accept transaction fees starting at 2.9% plus $0.30 per domestic transaction. You agree that the Dream Makers Crowdfunding Platform is not responsible for the Stripe payment provider. A simple project host allows the Stripe payment provider to transact contributors’ funds to your Stripe account. 

Dream Makers Crowdfunding Platform is not responsible for any change in fees from payment provider Stripe. Consult Stripe to find out if we can serve your country.

2. Use of the Website and our services

2.1. You may have only one membership account.

2.2. 9227-0917 Québec Inc., including the Dream Makers Crowdfunding Platform, reserves the right to modify the commission fees of the platform.

2.3. We will only knowingly provide our Services to parties who can legally enter into and form contracts under applicable laws. The Website and our services are not intended for children under 18, and any use is prohibited.

2.4. You must comply with all terms and conditions of this Membership Agreement, applicable agreements and policies referenced below, and all applicable laws, regulations, and rules when using the Website and our Services.

2.5. Your license to use the Website and our services.

2.6.1. We own or grant all intellectual property and other rights, title, and interest in the Website, our Services, and the materials accessible on or through the Website and our Services, except as expressly provided in this Membership Agreement. For example, we own trademarks and copyrights to offer our services without limitation. You do not acquire any right, title, or interest under this Membership Agreement or otherwise except as expressly provided herein.

2.6.2. We grant you a limited, revocable license to access and use the Website and our Services for its intended purposes, subject to your compliance with this Membership Agreement. This license does not include the right to collect or use information.

2.7. Third-Party Services.

We may provide links on the Website to other websites and offer products and services that are not affiliated with, under our control, or otherwise maintained by us. In addition, we may use third parties to provide certain services accessible through the site. 

Internet

We do not control these third parties or their services, and you agree that we are not responsible to you for your use of these services. These third parties may have their terms of use and other policies. You must comply with these terms and policies and this Membership Agreement when using these services. If any such terms or policies conflict with our Membership Agreement, agreements, or policies, you must comply with our Membership Agreement, agreements, or policies. We do not endorse or make any representations or warranties regarding any Third-Party Sites or any information, software, or other products or services.

3. Confidentiality

3.1. For this Membership Agreement, “Confidential Information” shall be deemed to include all information and documents which: (a) are written as confidential, or (b) if disclosed orally, are deemed to be confidential to the time of disclosure, or (c) in the absence of (a) or (b) is information that a reasonable party would consider non-public and confidential.

3.2. Confidential Information shall include without limitation: all information provided on or through the Website or our Services; trade secrets, inventions, research methods, methods of compiling data, methods of creating our database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects and other means used by us. 

Business

Product formulations, strategies and plans for future business developments, new business, new or other products, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information regarding costs, commissions, fees, profits, sales, markets, sales methods, and financial information; mailing lists, the identity of our customers, potential customers, distributors and suppliers and their names and addresses, the names of customer representatives responsible for entering into contracts for our products or services, the amounts paid by customers, the needs specific customer and requirements and leads and referrals to potential customers; and the structure, sequence, and organization of our database, as well as source code and object code; and the identity of our employees, their respective salaries, bonuses, benefits, qualifications, and abilities.

3.3. You acknowledge and agree that the nature of our confidential, proprietary, and trade secret information to which you have access and will continue to have access will benefit from the fact that it is not generally known and used by others in the highly competitive field. , the international industry in which we compete. You also acknowledge and agree that, even in good faith, it would be impossible for you to work in the same way for a competitor without using and utilizing the information obtained under this Membership Agreement.

3.4. You acknowledge that you are receiving such Confidential Information in confidence and will not post, copy or disclose any Confidential Information without the Company’s prior written consent. Further, you agree not to attempt to extract, decompile, or verify the source code of our software or any other software provided hereunder. Finally, you acknowledge that you will use Confidential Information only to the extent necessary to promote your business and use your best efforts to prevent unauthorized disclosure of Confidential Information to third parties.

3.5. The obligation of confidentiality does not apply to any particular portion of Confidential Information that: (a) was in the public domain when we granted you access; (b) entered the public domain through no fault of yours after receipt; (c) was in your possession free of any obligation of confidentiality at the time of disclosure by us; (d) was lawfully communicated to you by a third party without any post-communication obligation of confidentiality on the part of the referring party; (e) was developed by you independently and without knowledge of or reference to any Confidential Information; (f) is approved for release by written permission from us; or (g) is required to be disclosed by any law, rule or regulation of any governmental authority or by order of a court of competent jurisdiction, but in either event, you notify immediately. Reasonable possibility of obtaining a protection order or other form of protection.

3.6 You agree not to use, alone or in association with others, any confidential information or trade secrets to (a) solicit, or facilitate any organization with which you are associated in soliciting, any employee or customer to change their relationship with us; (b) solicit to hire, or engage as an independent contractor, or facilitate any organization with which We are associated in soliciting for employment, hire, or engagement as an independent contractor, any person whom we have employed at any time during the term of this Membership Agreement (provided that this clause (b) does not apply to any person whose employment with us has been terminated for one year or more); or (c) solicit services from any customer, supplier, licensee or business relationship, or induce such entity to cease doing business with us; or in any way interfere with the relationship between such entity and us.

3.7. You agree not to make any derogatory statements, oral or written, or disparage us, our products, employees, services, work, or employment, and take all reasonable steps to prevent others from making derogatory statements. You agree that it would be impossible, impractical, or complicated to repair actual damages suffered due to a breach of this paragraph. Therefore, hereby agree that five thousand dollars ($5,000) shall be the number of injuries sustained because of each such violation, without prejudice to our right to seek injunctive or other equitable relief.

3.8. As expressly provided, you shall not be deemed hereunder to have acquired any right or interest by license or otherwise in or concerning the Confidential Information.

3.9. You and We agree that all originals and copies of Confidential Information remain the property of 9227-0917 Québec Inc. and the Makers de Rêves crowdfunding platform. You must reproduce all copyright and other proprietary notices in the same form as they appear on all materials provided by us on all copies of the Confidential Information you have made. You agree to return all originals and copies of all Confidential Information in your possession or control to us upon our request.

3.10 As part of the services offered to users, the Dream Makers Crowdfunding Platform acknowledges that it will have access to sensitive, confidential, and secret information on the projects. a) the Dream Makers Crowdfunding Platform or its agents undertake not to transmit this information, material elements, or documents (information) to persons not part of the Dream Makers Crowdfunding Platform organization and who are not authorized to access it. (b) Not to publish such information. C) Not to communicate such information without prior authorization. (D) Not to disclose such information for any reason other than authorized official purposes. E) To accept full responsibility for ensuring the confidentiality and safeguarding of its information if it is entrusted to us. F) To take all reasonable steps to prevent unauthorized persons from viewing and copying such information.

4. General rules

4.1. Prohibited use. You may only use the Website or our services to develop your campaign as expressly permitted by us. In addition, you may not cause damage to the Website or our services. In particular, but not as a limitation, you may not: (i) interfere with the Site or our Services by using viruses or any other program or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works of, extract, decompile or disassemble any technology used to provide the Website or our services; (iii) use any robot, spider or other device or process to monitor activity or copy pages from the Website or our Services, except in the operation or use of an Internet “search engine”, hit counters or similar technology; (iv) collect email addresses or other information from third parties using the Website or our Services; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Website or our Services; (vii) assist or encourage any third party to engage in any activity prohibited by this Membership Agreement; (viii) co-brand the Website or our services; (ix) frame the Website or our services; or (x) hyperlink to the Website or our Services, without the prior express written permission of an authorized representative of 9227-0917 Québec Inc.

4.2. Privacy Policy. 

By entering into this Membership Agreement, you consent to our collection, use, and disclosure of your personal information following the Privacy Policy.

4.3. Ordering Policies if you purchase any of our products or services, you agree that this Membership Agreement also limits your product or service use.

4.4. Password-restricted areas of the Website. Most website areas are password-restricted to registered users (“password-protected areas”). Suppose you have registered as an authorized user to access these password-protected areas. In that case, you agree that you are solely responsible for maintaining the confidentiality of your password and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are fully responsible for all activities that occur under your account, including any charges incurred in your password-protected account, whether or not you are the person undertaking such activities. You agree to notify us immediately of any unauthorized use of your account or any other security breach in connection with your password or the Website you know.

4.5. Spam Policy: You may not use our Website or Services to engage in unethical marketing activities, including but not limited to spamming. The following are examples of activities which are not permitted and which may result in immediate deactivation of your account or termination of your membership: a) disguising the origin of any content transmitted to or through our Website or services, or using any other means of deceptive addressing; (b) relay email from a third party’s mail servers without that third party’s permission; c) transmit any illegal material or material used without the proper authorization of the owner of the material; d) harvest email addresses in an unlawful manner or in violation of the rights of a third party; e) sending emails that contain inaccurate header information or domain names that are invalid or do not exist; f) send an email that contains false or misleading information in the subject line or body of the message; g) sending an email that does not indicate that it is an advertisement, that does not include a functioning unsubscribe mechanism, or that does not include your valid postal address; or h) send an email that violates applicable law, including, without limitation, the CAN-SPAM Act or the applicable laws of the jurisdictions from which you are sending an email or in which the email email is received; or i) our email service provider’s acceptable use policies.

5. Reservation of rights

5.1. Monitoring. We reserve the right but do not assume the obligation, to monitor transactions and communications through the Website or Service. For example, suppose we determine, in Our sole and absolute discretion, that you or another user of the site has violated or violates any term or condition of this Membership Agreement or that such transaction or communication is inappropriate. In that case, We may cancel such transaction or take any other action to restrict access to or availability of any material which may be considered objectionable, without any liability to you or any third party.

5.2. Modification of service. We may modify the Website or our services at any time, with or without notice, and assume no responsibility in this regard.

6. Label

6.1. We ask that you respect the online community of the site. When using the Website and our Services, your conduct should be guided by common sense and basic etiquette. To further these common goals, you agree not to:

6.1.1. Disparage the products or services of any company, project, or individual.

6.1.2. Impersonate or represent us, our staff, or other industry professionals.

6.1.3. Link to or post unauthorized content on the Website.

6.1.4. Solicit a user’s password or other account information.

6.1.5. Collect user information for any purpose.

6.1.6. Use racist or ethnically offensive language; discuss or incite illegal activity; use explicit or obscene language; or solicit or display sexually explicit images.

6.1.7. To harass, threaten or embarrass someone.

6.1.8. Post anything you do not have the legal right to post; and

6.1.9. Violate any law, or make a false or misleading statement;

7. Submissions

7.1. Your Submissions. When you submit questions, comments, suggestions, ideas, messages, materials submitted via Internet forms, contest entries, communications, or other information (“Submissions”), you authorize us without restriction to use these presentations without limitation for marketing and other promotional purposes and the right to sub-license. You agree that We have no obligation to keep any Submissions confidential. You will not sue us based on any “moral rights” or preferences arising from our use of a Submission, given that the academy and its representatives take photos and videos or will use the images and videos of its users to promote the campaign of its users or to promote the academy. The user authorizes the use of this material in whole or in part for advertising purposes, such as brochures, magazines, newspapers, television, websites, social media, all material or others. All material created by the Makers de Rêves crowdfunding platform will remain its property. Otherwise, all material shared on the Dream Makers crowdfunding platform is my property, and I agree to assign my copyright for the purpose. However, I can at any time ask the crowdfunding platform Makers de Rêves to stop using my photos or videos provided. On the other hand, pictures or videos already used and published on the internet will remain.

7.2. Submissions by Others. We do not control the content posted by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such content. You understand that you may be exposed to offensive, indecent, or objectionable content by using our Website or services. In no event shall we be liable for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website or our Services by third parties.

8. Arbitration and Class Claims Waiver

8.1. YOU UNDERSTAND AND AGREE THAT ANY CLAIMS, DISPUTES, OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT BETWEEN YOU AND US, ANY AFFILIATE, SUBSIDIARY, OR RELATED COMPANY, INCLUDING, WITHOUT LIMITATION, CLAIMS OF INTEREST AND CONTRACT, CLAIMS BASED ON A FEDERAL STATE, OR LOCAL LAW, LAW, ORDER, ORDER, OR REGULATION, AND THE ISSUE OF ARBITRATION, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT SUCH CLAIMS ARE INCLUDED SOLELY IN THE PARTY’S CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PREFERRED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL’S CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR IS NO MORE THAN A PERSONAL CLAIM AND SHALL NOT, IN ANY EVENT, PRESIDER OVER ANY FORM OF REPRESENTATIVE OR CLASS ACTION. THE PARTIES ARE VOLUNTARY AND CONSCIOUSLY WAIVE ANY RIGHTS TO THE JURY. ANY DISPUTE ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. MAY BRING JUDGMENT OF ANY AWARD MADE BY THE ARBITRATOR BRING IN A COURT IN THE PROVINCE OF QUEBEC HAVING JURISDICTION. THIS AGREEMENT TO ARBITRATE IS MADE ACCORDING TO A DOMESTIC COMMERCE OPERATION, AND ITS INTERPRETATION, APPLICATION, PERFORMANCE, AND PROCEDURES HEREUNDER SHALL BE GOVERNED BY THE COMMERCIAL ARBITRATION ACT (“LAC”).

8.2. The following procedures apply:

8.2.1. Any party intending to make a claim must first notify the opposing party in writing of such intention. Such notice must describe the nature and basis of such a claim with reasonable precision and the total amount of the complaint. Within thirty (30) days of receipt of such notice, the party receiving information of a claim must provide a written response that, with reasonable accuracy, sets out its position regarding the claim. Suppose the parties cannot resolve the dispute arising out of the claim through good faith negotiations to be conducted within thirty (30) days of the written response in that case. In that case, either party may initiate binding arbitration according to the terms and conditions set out below.

8.2.2. If a party chooses to proceed with binding arbitration, it must notify the other party in writing by registered or certified mail. The arbitration will take place in Laval, Quebec, Canada, but may be done by telephone if the total amount of the claim does not exceed $2,500 (if the claimant so chooses).

8.2.3. Separately from the Agreement to arbitrate set forth above, parties hereby waive any right to bring or participate in any class action relating to or arising from this Agreement.

8.2.4. The parties agree that irreparable harm will occur if a party threatens or breaches the confidentiality clause. A Party has the right to seek injunctive relief to prevent or terminate actual or threatened breaches of the Confidentiality Clause. Such relief may be sought by arbitration or a court in Laval, Province of Quebec, Canada.

9. Representations and Warranties

9.1. Mutual Representations and Warranties. Each party represents to the other that: (i) the party has full power and authority to enter into and perform under this Membership Agreement, (ii) the execution and performance of this Membership Agreement do not constitute a violation or conflict with, (iii) the terms of this Membership Agreement are a legal, valid and binding obligation on the part of the party signing this Membership Agreement, enforceable following these terms and conditions.

9.2. By you. You represent and warrant to us that, in your use of the Site or our Services, you: (i) will not infringe any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other legal third party; (ii) will comply with all applicable laws, rules and regulations; (iii) will not interfere with or damage any software or hardware; and (iv) you will provide correct, current and complete billing and contact information.

10. Disclaimers and Exclusions

10.1. DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE, OUR SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, OUR SERVICES, OR THE CONTENT ON THE WEBSITE OR THE USE OF IT: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, ( (iii) WILL MEET YOUR REQUIREMENTS OR (iv) WILL OPERATE WITHIN THE CONFIGURATION OR WITH THE EQUIPMENT OR SOFTWARE USED BY YOU. WE MAKE NO WARRANTIES OTHER THAN THOSE EXPRESSLY IN THIS MEMBERSHIP AGREEMENT. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

10.2. EXCLUSION OF DAMAGES. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOST DATA, OR LOSS OF GAP) ARISING OUT OF, CONNECTED WITH, OR RELATED TO USE OF THE WEBSITE OR OUR SERVICES, BASED ON ALL CAUSES OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3. LIMIT OF LIABILITY. IN NO EVENT SHALL OUR LIABILITY IN RESPECT OF YOUR USE OF THE WEBSITE OR OUR SERVICES EXCEED THE AMOUNT PAID BY YOU.

10.4. THE REVENUE DISCLAIMER POSTED ON OUR WEBSITE IS INCORPORATED BY REFERENCE AND HEREBY REPRESENTS THAT YOU HAVE READ AND UNDERSTAND IT.

11. Indemnification

11.1. You shall indemnify us and our employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the “parties”) against any damages, losses, or expenses (including, without limitation, attorney) incurred in connection with any third party claim, demand or action (“Claim”) brought against either party alleging that you have breached any of the provisions of this Agreement. Accession by act or omission. If you must indemnify us under this section, we shall have the right to control the defence, settlement, and resolution of any claim at your expense. Accordingly, you may not settle or resolve any claim without our written permission.

12. Termination

12.1. Termination. You agree that, in certain circumstances and without notice, We may suspend or terminate your use of the Site or our Services, including without limitation, if We believe, in our sole and absolute discretion, that you have breached any term of its use. . You acknowledge and agree that all suspensions and terminations shall be made at our sole discretion and that we shall not be liable to you or any other party for such suspension or termination.

12.2. Survival. Upon termination, your license to use the Website, our Services, and anything accessible will terminate. However, the following paragraphs of this Membership Agreement will survive unless we decide to remove them: 2.3, 3, 7.1 and 8-16.

12.3. Effect of Termination. Upon termination of any part of this Agreement for any reason, we may remove or assume ownership of any Content or other material – including, without limitation, URLs, domain names, and email address lists – relating to your use of our Website or our Services. Our servers or otherwise are in our possession or control, and we shall have no liability to you or any third party for doing so.

13. Notice

13.1. All notices required or permitted under this Membership Agreement shall be in writing and delivered to the other party by one of the following methods: (i) Canadian mail, (ii) overnight mail, or (iii) electronic mail. If you give us notice, you must use the following address: 9227-0917 Québec Inc., 2102-3030, boul. Levesque West, Laval, Quebec, Canada, H7V 0B9. If 9227-0917 Quebec Inc. notifies you, we will use the contact information you provide to us. All notices will be deemed to have been received as follows: (i) if Canadian mail, seven (7) business days after mailing, (ii) if courier confirms express mail, the date of receipt) if by email, 24 hours after the message is sent, if no “system error” or other non-delivery notice is generated. If applicable law requires that any given communication be “in writing,” you agree that contact by email satisfies that requirement.

14. Notification of Infringement Claims

14.1. We respect the intellectual property of others, and we ask our users to do the same. Inappropriate circumstances and at our discretion, we may terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, don’t hesitate to contact our Designated Agent for notification of alleged infringement: Dream Makers Crowdfunding Platform, att. : Trademark agent, 2102-3030, boul. West Levesque, Quebec, Canada, H7V 0B9. Provide the following information required by Canadian copyright trademark law: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim to have infringed, including the URL (web page address) of where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the content you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by copyright law.

15. Miscellaneous

16.1. This Membership Agreement shall be binding upon each party hereto and its successors and permitted assigns and governed by and construed following the laws of Canada and Quebec without reference to principles of conflict of laws. Without our prior written consent, this Membership Agreement may not be assigned or transferred by you. This Membership Agreement (including all policies and other agreements described in this Membership Agreement, which are incorporated herein by this reference) contains the parties’ entire understanding regarding its subject matter. It supersedes all parties’ prior agreements, contracts, and contemporaries concerning its subject. No failure or delay by any party in exercising any right, power, or privilege under this Membership Agreement shall constitute a waiver thereof, and the single or partial exercise of any right, power, or privilege shall not exclude any further exercise or exercise of any other right, power or privilege. All rights not expressly granted herein are reserved. You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Membership Agreement. The invalidity or unenforceability of any provision of this Membership Agreement shall not affect the validity or enforceability of any other provision of this Membership Agreement, which shall remain in full force and effect.

16.2. If you have any questions or concerns regarding this Membership Agreement, you should contact us by emailing support@makersdereves.com and writing “Membership Agreement” in the subject line.

We updated this Agreement on December 15, 2021.

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