Terms of Service

1. Agreement to Terms

Welcome to DreamBay. These Terms of Service ("Terms") govern your access to and use of the DreamBay platform at dreambay.io, including our marketplace, Dreamcast game, and all related services (collectively, the "Service"), operated by Posse Studios ("we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. Description of Service

DreamBay is a digital marketplace and gaming platform that enables users to:

• Browse, buy, and sell digital assets including 3D models, games, textures, audio, VFX, plugins, tools, and digital collectibles
• Create, list, buy, sell, and trade NFTs (non-fungible tokens) and other blockchain-based assets
• Participate in Dreamcast, a real-time NFT fishing game
• Create and manage Dreamcast pools
• Launch tokens and NFT collections
• Access both Web2 (traditional) and Web3 (blockchain-based) features

4. Account Registration and Wallet Connection

Account Creation

To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information and to keep this information updated.

Wallet Connection

To use Web3 features, you must connect a compatible cryptocurrency wallet (such as HashPack or MetaMask). You are solely responsible for:

• Maintaining the security of your wallet and private keys
• All activity that occurs through your connected wallet
• Any losses resulting from unauthorized access to your wallet

We never have access to your private keys and cannot recover lost wallet access.

Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.

5. Marketplace Terms

Buying and Selling

• Sellers set their own prices for digital assets
• All sales are final unless otherwise stated by the seller or required by law
• We may charge fees for marketplace transactions, which will be clearly disclosed
• Sellers are responsible for ensuring they have the right to sell their assets

Creator Applications

• Access to sell on DreamBay may require approval through our creator application process
• We reserve the right to approve or reject applications at our discretion
• Approved sellers must maintain quality standards and comply with our policies

Prohibited Listings

You may not list or sell:

• Content you do not own or have rights to sell
• Stolen or plagiarized content
• Malware, viruses, or malicious code
• Content that infringes intellectual property rights
• Illegal, harmful, or offensive content
• Content depicting minors in any inappropriate context
• Assets that violate these Terms or applicable law

6. NFT and Blockchain Terms

Nature of NFTs

NFTs are blockchain-based tokens that represent ownership or rights to digital items. When you purchase an NFT:

• You own the token itself
• Ownership of the underlying intellectual property depends on the specific terms set by the creator
• Unless explicitly stated, purchasing an NFT does not grant you intellectual property rights to the underlying content

Blockchain Transactions

• All blockchain transactions are final and irreversible
• You are responsible for paying all applicable gas fees and transaction costs
• We are not responsible for failed transactions due to network issues, insufficient funds, or user error
• Blockchain transactions are publicly visible

Token Launches

If you launch tokens or NFTs through our platform:

• You are solely responsible for compliance with applicable securities laws
• You represent that you have the legal right to create and distribute such tokens
• We make no guarantees about liquidity, value, or tradability

7. Dreamcast Game Terms

Gameplay

• Dreamcast is a game of chance; outcomes are determined by configured odds
• Pool creators set the odds, prizes, and cast prices for their pools
• All casts are final once executed

Pool Creation

If you create a Dreamcast pool:

• You are responsible for funding the pool with prizes and buyback funds
• You set the odds, and those odds must be honored
• You may not manipulate odds or outcomes after players have entered

Risk Acknowledgment

By participating in Dreamcast, you acknowledge that:

• Outcomes are probabilistic and you may not receive high-tier prizes
• The value of NFT prizes may fluctuate
• You participate at your own risk

8. Launchpad & Creator Tools

If you create, deploy, or list a collection, fungible token, or launch event through the DreamBay Launchpad, MemeBay, or Creator Dashboard (collectively, "Creator Tools"), the following additional terms apply.

8.1 Self-Service Deployment

The DreamBay Launchpad and MemeBay are self-service platforms. Submitting a collection or token deploys it to the Hedera network automatically and immediately, without manual review by Posse Studios. By submitting:

• You acknowledge that smart-contract deployment is irreversible and you bear full responsibility for the on-chain artifact you create
• You confirm that all information provided (name, symbol, description, artwork, metadata, royalty configuration, token keys, supply, social links) is accurate, complete, and lawful
• You agree that DreamBay's default mint page is generated automatically from this information and that you are responsible for its public-facing content
• You understand that we charge platform fees as disclosed on our Fees page, which may be updated from time to time

8.2 Creator Representations

For every collection or token you launch through Creator Tools you represent and warrant that:

• You own or have all necessary rights, licenses, and permissions for any artwork, metadata, branding, music, video, or other content used in the collection
• The collection does not infringe any third party's copyright, trademark, right of publicity, privacy right, or other intellectual property right
• The collection is not a clone, copy, or knock-off of another project, and is not designed to mislead users into believing it is affiliated with another brand or creator
• The collection does not contain hateful, defamatory, sexually explicit, illegal, or otherwise prohibited content as described elsewhere in these Terms
• You are not subject to any sanctions list and you are not located in any jurisdiction subject to U.S. or U.N. comprehensive sanctions
• If your token may be deemed a security under any applicable law, you have obtained appropriate legal advice and bear sole responsibility for compliance with applicable securities and consumer-protection laws

8.3 Royalties and Fees

• You may set on-chain creator royalties for secondary sales up to the Hedera network maximum of 9.99% in aggregate
• For tokens launched on MemeBay, swap-fee splits and graduation rewards are governed by the smart-contract code at the time of launch and are not modifiable post-deploy
• Platform fees disclosed in the Creator Dashboard's Fees tab apply automatically; you authorize the deduction of these fees from each qualifying transaction

8.4 Add-On Services

Optional add-on services offered through Creator Tools — including custom-designed mint pages, website-build assistance, and art & design services — are separate paid engagements not included in any base launch. By selecting an add-on:

• You authorize Posse Studios to contact you at the email address you provide to discuss scope, deliverables, timelines, and pricing
• No add-on services begin until a separate written or email-confirmed agreement is reached between you and Posse Studios
• Pricing for add-on services is quoted on a project-by-project basis and is not refundable once work has begun, except as required by law
• Failure to engage on an add-on service request does not affect your underlying self-service launch, which remains live

8.5 Removal Rights

Posse Studios reserves the right, in its sole discretion and without notice or refund, to:

• De-list, hide from search, or remove from featured surfaces any collection or token determined to be a clone, copy, copyright infringement, scam, rug-pull, or otherwise in violation of these Terms or applicable law
• Restrict access to the default mint page or other DreamBay-hosted surfaces for any collection or token at any time
• Cooperate with law-enforcement requests, DMCA-style takedown notices, or other legal process as required

Note: while DreamBay can take down hosted surfaces, the on-chain token and bonding curve are immutable and cannot be reversed by Posse Studios. Removal from DreamBay does not delete or invalidate the on-chain artifact.

8.6 No Investment Advice; No Guarantees

DreamBay does not provide investment, legal, tax, or financial advice. We do not guarantee any level of liquidity, sales volume, secondary-market trading, mint volume, marketing reach, listing acceptance by third-party platforms, price, or return on any collection or token launched through Creator Tools. All launches are speculative and you launch at your own risk.

8.7 Indemnification (Creator-Specific)

In addition to the general indemnification in Section 13, you specifically agree to indemnify and hold harmless Posse Studios, its affiliates, employees, agents, and contractors from any claim, demand, loss, or liability — including reasonable attorneys' fees — arising out of or related to (a) any content, artwork, metadata, or representation you supply through Creator Tools, (b) any allegation that your collection infringes a third party's rights, (c) any regulatory inquiry concerning your launch, and (d) any dispute between you and a buyer, holder, or downstream user of your collection or token.

9. Intellectual Property

The DreamBay platform, including its design, features, and content (excluding user-submitted content), is the property of Posse Studios and is protected by intellectual property laws. You may not copy, modify, or distribute our platform without permission.

10. User Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Use the Service for money laundering or terrorist financing
• Manipulate markets, prices, or trading volumes
• Use bots, scrapers, or automated tools without authorization
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to accounts or systems
• Harass, threaten, or harm other users
• Post false, misleading, or deceptive content

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that:

• The Service will be uninterrupted or error-free
• Any digital assets will maintain their value
• Blockchain networks will function as expected
• Smart contracts are free from vulnerabilities

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSSE STUDIOS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR DIGITAL ASSETS, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Posse Studios from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of any rights of another party.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Posse Studios is incorporated, without regard to conflict of law principles.

16. Dispute Resolution

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

18. Contact Us

If you have questions about these Terms of Service, please contact us at:

• Email: dreambay@possestudios.io
• Website: dreambay.io
• Discord: discord.gg/possestudios