|
|
Terms Of Use
AGREEMENT BETWEEN USER AND Dream Factory Inc
/ Dream Factory of St Louis
The Dream Factory Inc / Dream Factory of St Louis Web Site is
comprised of various Web pages operated by Dream Factory Inc /
Dream Factory of St Louis.
The Dream Factory Inc / Dream Factory of St Louis Web Site is
offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of
the Dream Factory Inc / Dream Factory of St Louis Web Site
constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
Dream Factory Inc / Dream Factory of St Louis reserves the right
to change the terms, conditions, and notices under which the Dream
Factory Inc / Dream Factory of St Louis Web Site is offered,
including but not limited to the charges associated with the use of
the Dream Factory Inc / Dream Factory of St Louis Web Site.
LINKS TO THIRD PARTY SITES
The Dream Factory Inc / Dream Factory of St Louis Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites
are not under the control of Dream Factory Inc / Dream Factory of
St Louis and Dream Factory Inc / Dream Factory of St Louis is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Dream Factory Inc / Dream Factory of St
Louis is not responsible for webcasting or any other form of
transmission received from any Linked Site. Dream Factory Inc /
Dream Factory of St Louis is providing these links to you only as a
convenience, and the inclusion of any link does not imply
endorsement by Dream Factory Inc / Dream Factory of St Louis of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Dream Factory Inc / Dream
Factory of St Louis Web Site, you warrant to Dream Factory Inc /
Dream Factory of St Louis that you will not use the Dream Factory
Inc / Dream Factory of St Louis Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You
may not use the Dream Factory Inc / Dream Factory of St Louis Web
Site in any manner which could damage, disable, overburden, or
impair the Dream Factory Inc / Dream Factory of St Louis Web Site
or interfere with any other party's use and enjoyment of the Dream
Factory Inc / Dream Factory of St Louis Web Site. You may not
obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through
the Dream Factory Inc / Dream Factory of St Louis Web Sites.
USE OF COMMUNICATION SERVICES
The Dream Factory Inc / Dream Factory of St Louis Web Site may
contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
>>Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others.
>>Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
>>Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have
received all necessary consents.
>>Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of
another's computer.
>>Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service
specifically allows such messages.
>>Conduct or forward surveys, contests, pyramid schemes or
chain letters.
>>Download any file posted by another user of a
Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
>>Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
>>Restrict or inhibit any other user from using and enjoying
the Communication Services.
>>Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
>>Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
>>Violate any applicable laws or regulations.
Dream Factory Inc / Dream Factory of St Louis has no obligation to
monitor the Communication Services. However, Dream Factory Inc /
Dream Factory of St Louis reserves the right to review materials
posted to a Communication Service and to remove any materials in
its sole discretion. Dream Factory Inc / Dream Factory of St Louis
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever.
Dream Factory Inc / Dream Factory of St Louis reserves the right
at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Dream Factory Inc's / Dream
Factory of St Louis's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Dream Factory Inc / Dream Factory of St Louis does not
control or endorse the content, messages or information found in
any Communication Service and, therefore, Dream Factory Inc / Dream
Factory of St Louis specifically disclaims any liability with
regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and hosts
are not authorized Dream Factory Inc / Dream Factory of St Louis
spokesperson's, and their views do not necessarily reflect those of
Dream Factory Inc / Dream Factory of St Louis.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you download
the materials.
MATERIALS PROVIDED TO Dream Factory Inc / Dream Factory of St
Louis OR POSTED AT ANY Dream Factory Inc / Dream Factory of St
Louis WEB SITE
Dream Factory Inc / Dream Factory of St Louis does not claim
ownership of the materials you provide to Dream Factory Inc / Dream
Factory of St Louis (including feedback and suggestions) or post,
upload, input or submit to any Dream Factory Inc Web Site or its
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your
Submission you are granting Dream Factory Inc / Dream Factory of St
Louis, its affiliated companies and necessary sublicense's
permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Dream Factory Inc is under no
obligation to post or use any Submission you may provide and may
remove any Submission at any time in Dream Factory Inc's / Dream
Factory of St Louis's sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Dream Factory Inc / Dream Factory of St Louis
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Dream Factory Inc
/ Dream Factory of St Louis AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Dream Factory Inc / Dream
Factory of St Louis WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
Dream Factory Inc / Dream Factory of St Louis WEB SITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
Dream Factory Inc / Dream Factory of St Louis AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Dream Factory Inc / Dream Factory of St Louis WEB SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Dream Factory Inc / Dream Factory of St Louis AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL Dream Factory Inc / Dream Factory of St Louis AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE Dream Factory Inc / Dream Factory of St Louis WEB SITE, WITH
THE DELAY OR INABILITY TO USE THE Dream Factory Inc / Dream Factory
of St Louis WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Dream
Factory Inc / Dream Factory of St Louis WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Dream Factory Inc / Dream Factory of
St Louis WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Dream Factory Inc / Dream
Factory of St Louis OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE Dream Factory Inc WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE Dream Factory Inc / Dream
Factory of St Louis WEB SITE.
SERVICE CONTACT : DreamFactorySTL@hotmail.com
TERMINATION/ACCESS RESTRICTION
Dream Factory Inc / Dream Factory of St Louis reserves the right,
in its sole discretion, to terminate your access to the Dream
Factory Inc / Dream Factory of St Louis Web Site and the related
services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in
King County, Washington, U.S.A. in all disputes arising out of or
relating to the use of the Dream Factory Inc Web Site. Use of the
Dream Factory Inc / Dream Factory of St Louis Web Site is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you
and Dream Factory Inc as a result of this agreement or use of the
Dream Factory Inc / Dream Factory of St Louis Web Site. Dream
Factory Inc's / Dream Factory of St Louis's performance of this
agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Dream
Factory Inc's / Dream Factory of St Louis's right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the Dream Factory Inc / Dream Factory of St
Louis Web Site or information provided to or gathered by Dream
Factory Inc / Dream Factory of St Louis with respect to such use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and Dream Factory Inc / Dream Factory of St Louis with respect
to the Dream Factory Inc / Dream Factory of St Louis Web Site and
it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user
and Dream Factory Inc / Dream Factory of St Louis with respect to
the Dream Factory Inc / Dream Factory of St Louis Web Site. A
printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business
documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English
only. |
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Dream Factory of St Louis Web Site are:
Copyright 2011 by The Dream Factory and/or its suppliers. All
rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringement.
|
|
|