Terms of Use

 

Dreamling Books, DBA of The Dream Press (Dreamling) maintains and operates this site to provide an online platform where writers, editors and artists may collaborate on publishing art and literature online. The following Terms and Conditions of Use apply to access and use of www.dreamlingbooks.com (the "Website" or "Site" or "Service"). If you do not accept these Terms and Conditions of Use, or you do not meet or comply with their provisions, your use of the website is strictly prohibited. A person accessing this Website is referred to as “User”.

OVERVIEW:

ACCESS AND USE OF THE WEBSITE IS AN AFFIRMATIVE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF USE. IF THESE TERMS AND CONDITIONS OF USE ARE NOT COMPLETELY ACCEPTABLE, USER MUST IMMEDIATELY TERMINATE USE OF THIS WEBSITE. FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS WEBSITE MAY SUBJECT YOU TO SEVERE LEGAL REPERCUSSIONS. FAILURE TO COMPLY WITH STATE AND FEDERAL LAW GOVERNING ELECTRONICALLY STORED INFORMATION, COMPUTER DATABASES AND NETWORKS MAY SUBJECT YOU TO CRIMINAL PENALTIES AND CIVIL LIABILITY.

USE OF SITE:

Dreamling provides an online database of literary and artistic works. Once submitted these works are available for public review and may be subject to discussion, criticism and feedback. Successful submissions may result in requests for publication in a print version.

Dreamling respects the intellectual property rights of others and expects our Users to do the same.

A. Legal protection for submitted works.

Works submitted to Dreamling are protected by U.S. and international copyright law. The works may have additional protections including trademark, trade secret or other intellectual property or proprietary data. User acknowledges that it shall not use, publish, re-publish, disseminate or otherwise use the works on this site for any commercial or private purpose not expressly authorized. Protection exists whether a work is registered for copyright protection in the U.S. Library of Congress or is otherwise protected by common law copyright law.

User acknowledges that it shall not publish, post, record or otherwise upload any work to Dreamling that infringes on any copyright, trademark, trade secret or other intellectual property or proprietary data. User agrees to defend, indemnify, and hold Dreamling, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, User’s violation of these Terms of Use.

Dreamling does not endorse and makes no warranty as to the legal status of a Users’ submitted literary and artistic works, including any express or implied warrant as to the copyright status of a submitted piece of work. Dreamling will not be liable or otherwise responsible for the legal infringement of any User.

Dreamling makes no representations or warranties that Users’ submission will result in publication, royalties, fees or any other type of compensation from any party. Dreamling cannot guarantee that use of the Website will be uninterrupted or error-free. User’s submission of literary content is voluntary. DREAMLING SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE WEBSITE.

Dreamling may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the services as described in this Website, including the package pricing for any service. Any modifications will take effect when posted to the Website. Therefore, each time User access the Website, it is necessary to review of the Terms of Use upon which access and use of this Website is conditioned. User’s continued use of the Website after changes are posted will be deemed to represent acceptance of such changes.

B. Legal Protections as to the Website and Code

User may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Dreamling. User may not use a part of this Website on any other Website, without Dreamling’s prior written consent. User is not authorized to copy, duplicate or publish the Content (including without limitation text, graphics, software, audio and video files, code, coding, programming, and photos) of this Website directly produced by Dreamling. User may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. This includes the reproduction, copying, or distribution of any copyrighted material, photograph, image, video, audio, or written content. User is liable for any copyright or trademark violation arising out of the unauthorized use, reproduction or distribution of any part of this Website. The systematic retrieval of data from the Website is also prohibited. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Dreamling is strictly prohibited.

The Dreamling Books name, and logo are trademarks of Dreamling Books. All other trademarks or registered trademarks used within these pages are the property of Dreamling. No right, title or interest in any of the materials contained on this Site is transferred to User as a result of accessing, downloading or printing materials from this Site. User may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another Website, use on any other Website, transfer or sell any information obtained from this Site without the prior written permission of Dreamling

Dreamling provides a platform for writers, authors and artists to submit their works for public review and feedback. As such, Users of the Website affirmatively acknowledge that they are of legal age in their applicable state or jurisdiction to form and perform binding legal contracts. In no case shall any User be less than eighteen (18) years old. Users must have mental capacity to understand these Terms and Conditions of Use.

All Users are required to utilize their real names and contact information. User will not provide inaccurate, misleading or false information to Dreamling. User will promptly notify Dreamling if information provided to Dreamling or another User later becomes, or is discovered to be, inaccurate, misleading, false, or fraudulent. User agrees to indemnify and hold Dreamling harmless for any negligent, false, misleading, or fraudulent contact information that results in any direct or indirect consequential, general, special, punitive and/or any other damages.

ONLINE USE INTERNATIONALLY

The Website is directed to individuals and entities located in the United States, with a specific emphasis on business owners interested in registering business entities in the state of Utah. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its services, are unavailable or otherwise contrary to local laws or regulations. Dreamling makes no representation that the information, opinions, or other content on the Website (collectively, "Content") is available to clients or customers outside of the United States. Those who choose to access this Website do so at their own risk and are responsible for compliance with applicable local law. You agree to defend, indemnify and hold harmless Dreamling from any civil or criminal penalty imposed because of your unlawful access of this Website from a jurisdiction outside of the United States.

USE OF CONTACT FORUM, EMAIL, AND USER PORTAL

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any personal information. Do not email any financial information or other data protected by state or federal law. Please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website’s User portal that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted, trademarked or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable law. Dreamling shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific services, or as otherwise specifically agreed to or required by law. You agree to defend, indemnify and hold Dreamling harmless for a violation of this provision.

MEMBERSHIP & PAYMENT TERMS

Joining Dreamling as a User is free. Becoming a Member of Dreamling DOES NOT constitute status as an employee, contractor, owner, or partner with Dreamling. Dreamling retains the right to remove any User’s access to Dreamling for any reason. Users’ access and use of Dreamling’s website shall not be construed as a joint venture.

Use of the Site shall not be construed as a transaction conveying any ownership or legal or equitable interest or right to Dreamling as a business entity.

In the event a User’s literary or artistic work is selected for publication or purchase, Dreamling and User must comply with the terms for payment of fees and royalties, which will be handled and agreed upon through a separate legal contract.

Dreamling’s privacy policy governs the handling, storage, and use of any information submitted, including any personally identifying information of an individual or business. Please see our Privacy Policy. User’s utilization of a credit card or other financial information on Dreamling is conditioned upon compliance with state and federal law. User’s failure to comply with applicable provisions of state and federal law governing credit card, debit card, and other electronic financial transactions will result in termination of Membership, termination of any attorney-client relationship and may result in criminal culpability and civil liability.

LINKS

For your convenience, Dreamling may provide links to various other Websites that may be of interest to you and for your convenience only. However, Dreamling does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or Website you may link to from this Website. These Terms and Conditions of Use apply only to Dreamling. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Dreamling reserves the right to terminate any link or linking program at any time. Dreamling disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

NO UNLAWFUL OR PROHIBITED USE

As a condition of use of the Website, User warrants to Dreamling that he or she will not use the Website for any purpose that is unlawful or prohibited. User may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. User may not obtain or attempt to obtain any materials or information through any means for any unlawful or improper purpose. An improper purpose is defined as any purpose not consistent with creation of art and literature.

No User shall submit any work which includes any:

  1. Defamatory material: Material that is slander or libel and could cause damage or offense to a third party after publication.
  2. Any material that infringes on the intellectual property rights of a third party, including any patent.
  3. Any material that infringes on any copyright or trademark in violation of any state or federal law.
  4. Any material that violates any State or Federal trade secret law, without limitation, Utah Code 13-24-1 or any other Utah law.
  5. Any material that is a violation of the Can Spam Act of 2003.
  6. Any material that violates computer privacy laws encoded in Utah Code 76-6-703 or any federal law.
  7. Any material that is offensive in that it contains violent or obscene content including material that is grossly contrary to cultural or social norms, is pornographic, racist or sexist.

Dreamling shall make an independent determination if Users’ submitted content violates paragraphs 1 through 8.

SPAMMING

Gathering email addresses from Dreamling through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Dreamling should be directed to info @ dreamlingbooks.com.

GOVERNING LAW, LOCATION AND MISCELLANEOUS

These Terms of Use shall be governed in all respects by the laws of the State of Utah USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. All Users with any claim, cause or choice of action, or case shall submit to jurisdiction of Utah and the application of Utah law, and further submit to venue in the Fourth District Court of Utah County, Utah, U.S.A.

In the event of a dispute between User and Dreamling, the prevailing Party is entitled to collect its reasonable attorneys fees incurred whether suit is filed or not.

The invalidity or unenforceability of any particular provision of these Terms of Service shall not affect the other provisions hereof, and these terms of Service shall be construed in all respects as if such invalid or unenforceable provision were omitted.

The Section headings are for convenience only and do not contain binding provisions of the Terms of Service

SEPARATE AGREEMENTS

You may have other agreements with Dreamling, including any attorney-client retainer. Those agreements are separate and in addition to these Terms and Conditions of Use. These Terms and Conditions of Use do not modify, revise or amend the terms of any other agreements you may have with Dreamling.

ARBITRATION

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Dreamling confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms and Conditions of Use or this Website may be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim may be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Utah, USA.

SIGNATURE (Only for Member login only)

By clicking "join" and typing your name, you acknowledge that you have read and understood the Terms and Conditions of Use and the Privacy Policy and intend to be bound by them. Your typed name constitutes a signature under the Electronic Signature Global and National Commerce Act.