Terms Of Service | Dream Digital Marketing Blog

Revised: April 18, 2019

Please read these Terms of Service

These Terms of Service (“Terms”, “Agreement”) sets forth the legally binding terms and conditions for your use of dreamdigitalmarketing.com (“the Site”) operated by Dreamscape Ventures LLC, doing business as Dream Digital Marketing, and dreamdigitalmarketing.com (“Dream Digital Marketing” or “dreamdigitalmarketing.com”, “Dream Digital”, “Company”, “we”, “us”, “our”).
For the purposes of the Agreement, “you” and “user” and “client” are defined as any past, current or prospective client, customer, or visitor of dreamdigitalmarketing.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other content to the Site, you agree to be bound by these Terms of Service.

Terms & Conditions

Registration

If you are a user who signs up for the Service, we will create a personalized account which includes a unique username and a password to access the Service and you agree to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. In connection with your use of any aspect of the Service, you agree and represent that you: are of legal age (at least 18 years of age) and are otherwise capable of forming a legally binding contract; expressly agree to be contacted via Email, SMS, text messaging and Push Notifications by us, and third parties, if relevant, regarding our Services, and marketing messages; agree that you will not use the Service in a manner that is inconsistent with the rights and restrictions as set forth in this Terms of Service; are responsible for maintaining the security of your Account and any passwords entered into the Service or provided to us.We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. In addition, we are not responsible or liable for any a third party authorized by you to access your account.

Permitted Use of the Site

You may use the Site, and the information, writings, images, videos, and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) only for your own educational purposes, and/or to learn about Dream Digital Marketing products and services, and only in accordance with these Terms of Service.

Prohibited Use of the Site

By accessing the Site, you agree that you will not under any circumstances post any information that: is abusive, threatening, obscene, defamatory, stalking, deceptive, false; promotes bigotry, hatred or physical harm of any kind against any group or individual; misleading, fraudulent, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; contains vulgar, obscene, indecent or unlawful content; infringes a third party’s intellectual property right(s); displays pornographic or sexually explicit content of any kind; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; engage in activities that could be harmful to minors.

Unlawful and Malicious Activities

You agree that you will not under any circumstances use the service for any unlawful purpose or for the promotion of illegal activities; or harass, abuse or harm another person or group; use the site in a manner that is invasive of another’s privacy or otherwise violates another’s legal rights; use the site in a manner that publishes, posts, uploads, or otherwise distributes any software, music, videos, or other content protected by intellectual property laws unless you have all necessary rights and consents to do so; use another user’s account without permission; provide false or inaccurate information when registering an account; interfere or attempt to interfere with the proper functioning of the Service; engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses without their consent; make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; publish or link to malicious content intended to damage or disrupt another user’s browser or computer, copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so; sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or any Site, our Platform, or other products and services we provide in any way; use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Dream Digital Marketing servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; use the Site in any manner that damages, disables, overburdens, or impairs any Dream Digital Marketing website or interferes with any other party’s use and enjoyment of the Site; Mirror or frame the Site or any part of it on any other web site or web page; attempt to gain unauthorized access to the Site; access the Site by any means other than through the interface that is provided by Dream Digital Marketing for use in accessing the Site; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; downloads any file that you know, or reasonably should know, cannot be legally distributed in that way; falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other content contained in a file that is uploaded; willfully tamper with the security of our Service or tamper with our customer accounts; access data on our Service not intended for you; submit content that contains Trojan horses, worms, or any other similar forms of malware, engage in activities or submitting Content that solicit passwords or personally identifiable information for unlawful purposes from other users; engage in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; use any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Service or for any other unauthorized purpose without our prior written consent; log into a server or account on our Service that you are not authorized to access; attempt to probe, scan or test the vulnerability of our Service or to breach the security or authentication measures without proper authorization; willfully render any part of our Service unusable; lease, distribute, license, sell or otherwise commercially exploit our Service or make our Service available to a third party other than as contemplated in your subscription to our Service; use our Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or provide to third parties any evaluation version of our Service without our prior written consent; restricts or inhibits any other user of our Service from using and enjoying our website and/or our Service; harvests or otherwise collects information about others, including e-mail addresses, without their consent; is legally actionable between private parties; and/or is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), and any regulations having the force of law or laws in force in your or your email recipient’s country of residence.

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by 3rd parties. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users. Though the Company strives to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the content posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company reserves the right to remove any such content that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us.
You expressly agree that (a) we will not be liable for Content and (b) reserve the right to review, reject, delete, remove, modify, or edit any Content at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms of Use.

Sharing Information and Ownership of the Service

Dream Digital Marketing allows Users to share various content on the Service as s/he determines. When you register with us, you fill out your profile and can share emails and information with others on the account. When you use the Service, information you post or share with others, such as your emails, personal information, notes, comments, messages, photos, or other information, may become available to other users. All sharing of information is done at your own risk.

User Generated Content

Unless otherwise agreed in writing signed by Dream Digital Marketing, by submitting content, including your profile information, adding photos, video, data or other content directly through the Service or suggesting any ideas or feedback (collectively, “Content”), you hereby grant to us a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to use, access, store, copy, modify, re-post, rearrange, display, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all such Content in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you. You further grant to us a royalty-free right and license to use your name, image and/or likeness in advertising and in connection with the licensed rights for the Content. You also agree to indemnify, defend and hold harmless us from and against any claims or costs, including attorneys’ fees, arising from the use or distribution of such Content. You further grant us the right to use your name in connection with the reproduction or distribution of any such Content. While Dream Digital Marketing is not under any obligation to monitor content provided by Users, we may, in its sole determination, remove any content that it deems objectionable, offensive, unlawful or in violation of these Terms of Service. Subject to the license above, you retain all of your rights in all of the Content you post to our Service, including all copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; patent rights and all other intellectual property and proprietary rights as they may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.

Copyright

The Service, all content and other subject matter included on or within the Service (“Dream Digital Marketing Content”) is the exclusive property of Dream Digital Marketing or its licensors. We reserve all of its rights with respect the Dream Digital Marketing Content, and you may not download or distribute or otherwise make any commercial use of the Dream Digital Marketing Content. The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Groups”). We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Groups. You agree not to use user names or Group titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Group at any time and for any reason in our sole discretion.

License Grant

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

User Content

You represent that you have all right, title, and interest to content you post on the Site or provide to Dream Digital Marketing (“Content”), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Content, and that posting such Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Content is true and your own work or work you are authorized to submit, and that the posted Content do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, content, or other content that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide content and misleading information. You represent and warrant that the Content you supply do not violate these Terms of Service.

Errors and Inaccuracies

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Dream Digital Marketing therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Dream Digital Marketing does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Intellectual Property

The Site and its original content, features and functionality are owned by Dream Digital Marketing and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Dream Digital Marketing owns and retains all copyrights to the Content.
Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. DREAM DIGITAL MARKETING, the Dream Digital Marketing logos, and other marks used by Dream Digital Marketing from time to time are trademarks and the property of Dream Digital Marketing. The appearance, layout, color scheme, and design of the Site are protected trade dress. Customer does not receive any right or license to use the foregoing. Dream Digital Marketing may use and incorporate into the Site or our Service any suggestions or other feedback you provide, without payment or condition. Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or our Service, or any identifier or tag generated by our Service, including without limitation: (a) as a hypertext link to any website or other location; (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.

DMCA

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to Dream Digital Marketing’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions. Dream Digital Marketing respects the intellectual property rights of others, and we ask our users to do the same. Dream Digital Marketing may, in its sole discretion, suspend the access or terminate the accounts of users who violate others’ intellectual property rights.

DMCA Notices

The Dream Digital Marketing Copyright Agent for notice of claims of copyright infringement on or relating to this website (“Notifications”) can be reached either by sending an e-mail to [email protected].
If you are a copyright owner or an agent thereof and believe, in good faith, that any content provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent:

1. The date of your notification;

2. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

3. Description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

4.Description of the content that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

6. Statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

7. Statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notices

If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

1.Your physical or electronic signature;

2.description of the content that has been removed and the location at which the content appeared before it was removed;

3.statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and

4.Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

Links to Third-Party Web Sites

Our Site may contain links to third-party sites that are not owned or controlled by Dream Digital Marketing. Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, will cause User to leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Dream Digital Marketing of the third party, the third-party web site, or the information there. Dream Digital Marketing is not responsible for the availability of any such web sites. Dream Digital Marketing is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of Dream Digital Marketing affiliates or service providers, you will leave the Site and will be subject to the Terms of Service and privacy policy applicable to those web sites.

Use of Third Party Services

As a part of our Service, we may offer links to web sites operated by various third parties and are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. We do not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Privacy Policy

We respect the privacy and security of our Users. Please refer to the Site’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. Your use of the Site indicates your agreement to the Site’s Privacy Policy. You understand that by using our Services, you give consent to the collection, use, and disclosure of our personally identifiable information as well as any non-personally identifiable information, as described in more detail in our Privacy Policy.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You are solely responsible for canceling your Account. If you decide at any time that you no longer wish to receive maintain your Account with us, you can access your account and remove any personal information, but this may result in the closure of your account. Cancellations by phone or sent to any other email address will not be considered valid. You will have thirty (30) days after cancellation to export any data from your account. This information cannot be recovered once your Account is cancelled. If you cancel the Service before the end of your current paid up month/year, your cancellation will take effect immediately and you will not be charged again. We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including but not limited to your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, failure to pay for Service or a violation of the rights of another User or the law. We reserve the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. We shall have no liability to any User or any third party should we modify or discontinue any service or an aspect thereof.

Payment and Refund Terms

Payment

We must receive payment before any product or service order is accepted. Payment for the products shall be made by credit card, paypal or wire transfers.

Acceptance

We reserve the right to limit the sales and use of our products and services to any person, geographic region, or jurisdiction.

Refunds

1. You may request a refund in writing by contacting [email protected];

2. Your request for a refund must be made within thirty (30) days of your purchase;

3. You must return any physical goods to Dream Digital Marketing immediately, according to the shipping and other instructions you will receive by email after requesting a refund;

4. The hard goods must be returned to in like-new, or re-sellable condition, as determined in Dream Digital Marketing’s sole, reasonable discretion.

Service Terms

Payment for the Service will be in accordance with the terms that you have agreed to on Registration. The Service is billed on a monthly basis (or annually if elected), in advance, and is conditionally refundable.

There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Prices for the Service, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to our web site or through the Service itself.

Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. Dream Digital Marketing has all the discretion to cancel or deny orders. Dream Digital Marketing is not responsible for pricing, typographical, or other errors in any offer by dreamdigitalmarketing.com and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date.

Downloading Files

Dream Digital Marketing cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Disclaimers, Limitations of Liability

DREAM DIGITAL MARKETING AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICE, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DREAM DIGITAL MARKETING AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DREAM DIGITAL MARKETING OR ITS AGENTS IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS OF SERVICE. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DREAM DIGITAL MARKETING AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF ANY CONTENT OR IN ANY WAY CONNECTED WITH THE USE, DELAY, INABILITY OR PERFORMANCE OF THE SITE, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF DREAM DIGITAL MARKETING OR ANY OF DREAM DIGITAL MARKETING’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS OF SERVICE, DREAM DIGITAL MARKETING IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF DREAM DIGITAL MARKETING AND ITS OFFICERS, DIRECTORS, MANAGERS, OWNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU.

Representations and Warranties and Indemnification

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Content and grant the licenses described in these Terms of Service, (b) the Content are accurate, current and complete, (c) the Content and your use Of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Content and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; and (e) your use of the Service shall not violate any agreements between you and a third party. You agree to indemnify, defend and hold harmless us, and our officers, directors, employees, agents, and contractors and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) the Content you provide, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.

Indemnification

You agree to indemnify, defend and hold harmless Dream Digital Marketing, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Service.

Errors and Delays

We are not responsible for any errors or delays or other technical problems. We recommend that you always keep a copy of any data or information that you have loaded to our Service in case of any service interruption or failure.

Additional Terms of Service

If you are a customer of Dream Digital Marketing or an employee, representative or agent of a Dream Digital Marketing customer, your use of the Dream Digital Marketing Service is subject to Dream Digital Marketing’s Service Terms or other separate agreement with Dream Digital Marketing.

Entire Agreement, No Waiver, Order of Precedence

These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Dream Digital Marketing of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. To the extent you and Dream Digital Marketing have entered into Service Agreement or another separate written agreement for the Platform, such separate agreement shall prevail in the event of any inconsistency with these Terms of Service.

General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) this Service shall be deemed a passive web site and service that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning this Service and supersedes any prior written or oral representations, except Service Agreement and Proposal contracts. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. All rights not expressly granted herein are reserved to us.

Governing Law

If any part of these Terms of Service is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Service, all of which will remain in full force and effect. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in the County of Orange, California in the event of any dispute of any kind arising from or relating to these Terms of Service, Dream Digital Marketing’s Privacy Policy, your use of the Site, any other Dream Digital Marketing web site or the Content. Dream Digital Marketing reserves the right to seek or enforce injunctive or other equitable relief in any court with jurisdiction.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Contact Us

If you have any questions about this Agreement, please contact us via email at [email protected]