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”.
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.
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.
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
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.
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:
- Defamatory material: Material that is slander or libel and could cause damage or offense to a third party after publication.
- Any material that infringes on the intellectual property rights of a third party, including any patent.
- Any material that infringes on any copyright or trademark in violation of any state or federal law.
- Any material that violates any State or Federal trade secret law, without limitation, Utah Code 13-24-1 or any other Utah law.
- Any material that is a violation of the Can Spam Act of 2003.
- Any material that violates computer privacy laws encoded in Utah Code 76-6-703 or any federal law.
- 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.
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
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
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.
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)