Dream Maker Films LLC
Terms of Use
Effective: November 5, 2008
INTRODUCTION
Welcome to the Internet site of Dream Maker Films LLC (“Dream Maker” and also referred to as “we,” “us” or “our”). Dream Maker operates www.dreammakerfilms.com, which is a social and professional networking service that allows Members to create unique personal and professional profiles online in order to find, network and communicate with others in the film, motion picture and entertainment industry. The services offered by Dream Maker include the Dream Maker web site and associated URLs (the "Dream Maker Website"), the Dream Maker instant messaging service, the Dream Maker application developer service and other features, Dream Maker classifieds, Dream Maker locator services, and any other features, content, or applications offered from time-to-time by Dream Maker in connection with our business (which we collectively refer to as, the "Dream Maker Services"). The Dream Maker Services are hosted in the United States.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE DREAM MAKER WEBSITE.
By using and/or visiting Dream Maker Website (including any and all content and functionality available through the www.dreammakerfilms.com domain name, you (“User”) affirm your agreement to (1) these terms and conditions (the "Terms of Use"), (2) Dream Maker's Privacy Notice, and incorporated here by reference, (3) Dream Maker's User Guidelines, found at and incorporated here by reference, and (4) Dream Maker’s Premium Member Fee Schedule (if applicable), and incorporated here by reference (collectively, the “Agreement”). If you do not agree to any of the terms contained in this Agreement, You may not use Dream Maker Website.
We reserve the right, in our sole discretion, to change, modify, add or delete portions of the Agreement, including these Terms of Use, Dream Maker's Privacy Notice, Dream Maker's User Guidelines and Dream Maker’s Premium Member Fee Schedule at any time. You agree to be bound by such modifications or revisions. Your continued use of the Dream Maker Services after Dream Maker posts a revised Agreement signifies your acceptance of the revised Agreement. Although we may attempt to notify you when major changes are made to the Agreement, you should periodically review the most up-to-date version. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Dream Maker reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Dream Maker Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Dream Maker expressly reserves the right to remove your profile, postings, advertisements, resume or other submissions and/or deny, restrict, suspend, or terminate your access to all or any part of the Dream Maker Services if Dream Maker determines, in its sole discretion, that you have violated this Agreement or pose a threat to Dream Maker and/or its Users.
1. Eligibility. Use of the Dream Maker Services and registration to be a Member or Premium Member for the Dream Maker Services (“Membership”) is void where prohibited. By using the Dream Maker Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Dream Maker Services does not violate any applicable law or regulation. Your profile, postings, advertisements, resume or other submissions may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age or you otherwise violate the terms of this Agreement.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Dream Maker Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Dream Maker may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that Dream Maker reserves the right to charge for any portion of the Dream Maker Services and to change its fees (if any) from time to time in its discretion. Dream Maker Premium Members agree to pay fees in accordance with the Dream Maker’s Premium Member Fee Schedule, and incorporated here by reference. If Dream Maker terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Registration/Password.
4.1 You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Dream Maker Website (or any portion thereof).
4.2 You also agree (a) to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Dream Maker Website. In addition, you agree to exit from your account at the end of each session.
4.3 When you sign up for a Membership, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member or Premium Member at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account.
5. Use by Members.
5.1 The Dream Maker Services are for the personal use of Members and Premium Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Dream Maker. Dream Maker reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Dream Maker Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Dream Maker Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member or Premium Member profiles without notice or explanation and may result in termination of Membership privileges. Dream Maker reserves the right to take appropriate legal action for any illegal or unauthorized use of the Dream Maker Services.
6. Proprietary Rights in Content on Dream Maker.
6.1 Dream Maker does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Dream Maker Services. After posting your Content to the Dream Maker Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Dream Maker Services, you hereby grant to Dream Maker a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Dream Maker Services, including without limitation distributing part or all of the Dream Maker Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Dream Maker Website. This limited license does not grant Dream Maker the right to sell or otherwise distribute your Content outside of the Dream Maker Services. After you remove your Content from the Dream Maker Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Dream Maker Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Dream Maker Website as soon as practicable after you make the change.
6.2 The license you grant to Dream Maker is non-exclusive (meaning you are free to license your Content to anyone else in addition to Dream Maker), fully-paid and royalty-free (meaning that Dream Maker is not required to pay you for the use on the Dream Maker Services of the Content that you post), sublicensable (so that Dream Maker is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Dream Maker Services), and worldwide (because the Internet and the Dream Maker Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the Dream Maker Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Dream Maker Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Dream Maker Services.
6.4 The Dream Maker Services contain Content of Dream Maker ("Dream Maker Content"). Dream Maker Content is proprietary to us and/or our licensors or licensees and is protected by copyright, trademark, patent, trade secret and other laws. Dream Maker owns and retains all rights in the Dream Maker Content and the Dream Maker Services. No Dream Maker Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, and (d) you do not download information, content or materials so as to avoid future downloads from the our website. The use of any information, content or materials on our website on any other website or computer environment is prohibited.
6.5 The Dream Maker Services contain User-Generated Content (as defined in Section 7.9) and other Dream Maker licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Dream Maker Services.
6.6 Dream Maker performs technical functions necessary to offer the Dream Maker Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Dream Maker Services.
6.7 In the event that you download software from the Dream Maker Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may own the medium on which the Software resides, but we or our third-party licensors retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Software from the Dream Maker Website is further subject to United States export controls. Without limiting the generality of the foregoing, no software from the Dream Maker Website may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
7. Content Posted.
7.1 Dream Maker may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Dream Maker violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Dream Maker assumes no responsibility for monitoring the Dream Maker Services for inappropriate Content or conduct. If at any time Dream Maker chooses, in its sole discretion, to monitor the Dream Maker Services, Dream Maker nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 We are pleased to hear from visitors and from our “members” and “guests” and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations and/or other similar materials (“Unsolicited Submissions”).
7.3 If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, or through features or activities on the Dream Maker Website (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined in section 7.8), you submit, post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, “User-Generated Content”) through such features or activities (such User-Generated Content, together with Unsolicited Submissions, the “Submissions”), we (and our licensees, distributors, agents, representatives and other authorized users)shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including, without limitation, removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), adapt, translate, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Dream Maker Website, on third party web sites, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License”). To the extent that any Submissions submitted by you contain original songs or recordings, you hereby represent that if you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society, all musical compositions (including lyrics) contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions. To the extent that we solicit Submissions through features or activities on Dream Maker Websites (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section 5) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
7.4 You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in the Agreement.
7.5 You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
7.6 The terms of the Submissions License shall govern our right to use all Submissions. If terms other than the Submissions License govern the submission of, and our right to use, User-Generated Content submitted in connection with a particular Dream Maker Website feature or activity, such other terms shall be posted at the applicable Dream Maker Website feature or activity and shall supersede the terms of the Submissions License; provided however, that in such instances, all provisions of the Agreement other than the Submissions License shall continue to apply to such Dream Maker Website feature or activity (unless otherwise stated in the terms and conditions applicable to the particular Dream Maker Website feature or activity).
7.7 Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
7.8 “Public Forum” means an area, site or feature offered as part of the Dream Maker Website that enables users or visitors of the Dream Maker Website (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other Dream Maker Website users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, e-mail function, etc.
7.9 You acknowledge that anything you submit to a Dream Maker Website by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
7.10 You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
7.11 We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
7.12 When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.
7.13 Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
8. Content/Activity Prohibited.
8.1 The following are examples of the kind of Content that is illegal or prohibited to post on or through the Dream Maker Services. Dream Maker reserves the right to investigate and take appropriate legal action against anyone who, in Dream Maker's sole discretion, violates this provision, including without limitation, removing the offending Content from the Dream Maker Services and terminating the Membership of such violators. Prohibited Content and use includes, but is not limited to, Content or use that, (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; (f) solicits personal information from anyone under 18; (g) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (j) advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Dream Maker Services; (k) is used for circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Dream Maker Services; (l) uses viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; (m) disrupts, or creates an undue burden on the Dream Maker Services or the networks or services connected to the Dream Maker Services; (n) uses the Dream Maker Services in a manner inconsistent with any and all applicable laws and regulations; or (o) does not comply with all terms and conditions applicable to the Submissions License.
8.2 Except as otherwise agreed to by Dream Maker, you will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on the Dream Maker Website (including, without limitation, electronic greeting cards, e-mail functions (e.g., send-a-friend e-mails) and RSS feeds or other similar type feeds) for commercial purposes of any kind.
8.3 You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Dream Maker Websites or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Dream Maker Websites;
8.4 You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph;
8.5 You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
8.6 You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
8.7 You will not submit, post, upload, distribute or otherwise make available or transmit (or attempt to submit, post, upload, distribute or otherwise attempt to make available or transmit) any User-Generated Content in violation of a Public Forum’s restrictions including, but not limited to, its age restrictions, procedures and/or these terms of use; and
8.8 You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
8.9 You will not upload a logo with a url unless you purchase an enhanced profile. You can more than one profile, for example you can have a cast and crew profile. But you cannot have more than one of each.
9. Protecting Copyrights and Other Intellectual Property.
9.1 Dream Maker respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Dream Maker has the right to terminate the Membership of infringers.
9.2 If you believe your work has been copied and posted on or through the Dream Maker Services in a way that constitutes copyright infringement, please send Dream Maker's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Dream Maker Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your electronic signature. Dream Maker's Copyright Agent for notification of claimed infringement can be reached from the Contact Us page of the Dream Maker web site. Dream Maker provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
10. Member Disputes. You are solely responsible for your interactions with other Dream Maker Members. Dream Maker reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the Dream Maker Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. Dream Maker is not responsible for and makes no warranties, express or implied, as to the User-Generated Content or the accuracy and reliability of the User-Generated Content posted on or through the Dream Maker Services, whether caused by Users of the Dream Maker Services or by any of the equipment or programming associated with or utilized in the Dream Maker Services and such User-Generated Content does not necessarily reflect the opinions or policies of Dream Maker. Profiles and third party applications created and posted by Members on the Dream Maker Website may contain links to other websites. Dream Maker is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Dream Maker. Inclusion of any linked website on the Dream Maker Services does not imply approval or endorsement of the linked website by Dream Maker. When you access these third party sites, you do so at your own risk. Dream Maker takes no responsibility for third party advertisements or third party applications that are posted on or through the Dream Maker Services, nor does it take any responsibility for the goods or services provided by its advertisers. Dream Maker is not responsible for the conduct, whether online or offline, of any User of the Dream Maker Services. Dream Maker assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Dream Maker is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Dream Maker Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Dream Maker Services. Under no circumstances shall Dream Maker be responsible for any loss or damage, including personal injury or death, resulting from use of the Dream Maker Services, attendance at a Dream Maker event, from any User-Generated Content posted on or through the Dream Maker Services, or from the conduct of any Users of the Dream Maker Services, whether online or offline. the Dream Maker Services are provided "AS-IS" and as available and Dream Maker expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Dream Maker cannot guarantee and does not promise any specific results from use of the Dream Maker Services.
13. Limitation on Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE DREAM MAKER WEBSITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A DREAM MAKER WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE DREAM MAKER WEBSITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE DREAM MAKER WEBSITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE DREAM MAKER WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THE AGREEMENT, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
14. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado, without regard to its conflict of law provisions. You and Dream Maker agree to submit to the exclusive jurisdiction of the courts located within the State of Colorado to resolve any dispute arising out of the Agreement or the Dream Maker Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
15. Indemnity. You agree to indemnify and hold Dream Maker, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Dream Maker Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Dream Maker Services causes Dream Maker to be liable to another.
16. Amendment. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of the Dream Maker Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
17. Other. This Agreement is accepted upon your use of the Dream Maker Website or any of the Dream Maker Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Dream Maker regarding the use of the Dream Maker Services. The failure of Dream Maker to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Dream Maker is a trademark of Dream Maker Films LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.