Terms and Conditions of Use
The following terms and conditions of use (the "Terms and Conditions") govern your ("You") use of the What’s Your Dream Web site (http:// www.whatsyourdream.com ), and all content thereon (the "Site") as provided by TEMPERED ENTERTAINMENT LLC ("TE, LLC " or "we"). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
Services Available on the Site.
TE, LLC may make certain services available to individuals who register on the Site ("Registered Users") and general visitors to the Site ("Visitors") (Registered Users and Visitors are collectively referred to as "Users"). For example, Users may be able to register to receive a print publication or an e-mail newsletter, participate in forums or moderated discussions with other Users, post videos or post comments on a bulletin board (collectively, "Services ", and with the Site, the "Site ").
TE, LLC may make certain forums available on the Site that allow Registered Users the opportunity to participate in moderated discussions and to post information on bulletin boards (collectively, "Forums"). Registered Users who participate in these Forums are solely responsible for the information and other content they post on and through these Forums and should be aware that when they voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these Forums, that such information is generally accessible to and may be collected and used by other Registered Users, as well as Visitors, and may result in unsolicited online and offline messages from such viewers. Registered Users are encouraged to exercise discretion when providing personal information about themselves in and through Forums.
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. TE, LLC shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.
As between you and TE, LLC (including our affiliates), we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.
Any information or material that you submit, post or send to TE, LLC or otherwise make available on or through the Site ("Your Material") will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Site, you:
- Agree and acknowledge that Your Material will not be treated as confidential or proprietary.
- Represent and warrant that Your Material:
- Is original to you and that no other party has any rights to the material;
- Does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful;
- Does not contain a virus or other harmful component; and
- Does not contain, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact.
- Grant TE, LLC the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in Your Material have been waived.
TE, LLC does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site, nor does TE, LLC endorse any opinions expressed by Users or others. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement, and do not represent the views of TE, LLC.
Unless specifically requested, TE, LLC does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way.
You warrant and agree that, while using the Site, you shall not:
- Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
- Restrict or inhibit any other User from using and enjoying the Site;
- Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
- Impersonate, or misrepresent your affiliation with any other person or entity;
- Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
- Engage in spamming or flooding; or
- Attempt to gain unauthorized access to other computer systems through the Site.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.
We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users. We will not intentionally monitor or disclose any private electronic mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate any User's use of the Site at any time in our sole discretion.
You agree to defend, indemnify and hold TE, LLC , its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of Your Material on or through the Site by you.
DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TE, LLC DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TE, LLC MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TE, LLC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL TE, LLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF TE, LLC OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL TE, LLC BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF TE, LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO TE, LLC FOR YOUR ACCESS TO OR USE OF THE SITE.
Links to Other Sites.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the Site ("Linked Sites"). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with TE, LLC of such sites or the content, products, advertising or other materials presented on such sites. TE, LLC does not author, edit, or monitor these Linked Sites. You acknowledge and agree that TE, LLC is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Terms and Conditions and the relationship between you and TE, LLC shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and TE, LLC agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of California, County of Los Angeles. You and TE, LLC each agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County in the State of California. The failure of TE, LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Modifications to the Site and the Services.
We may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Digital Millennium Copyright Act Agent.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our site visitors' privacy and trust are important to us. We provide this notice in order to make sure that your expectations and our practices are aligned, and that you are aware of your choices with regard to our use and disclosure of the information you provide to this site.
- Information obtained when you (“you” or “User”) visit the What’s Your Dream web site (http://www.whatsyourdream.com) (this “Site”).
- Information obtained through e-mail communications with you related to the Site.
Information We Collect and How We Collect It
We require you to provide certain information about yourself if you register with this Site or request products and services. We also collect information when you participate in contests and surveys, when you respond to requests for feedback and when you submit postings to public areas of this Site (e.g., blogs, moderated discussions and bulletin boards).
The information we collect may include information from which you may be personally identified (“Personally Identifiable Information”), such as name, postal address, telephone number, fax number and e-mail address, and certain business information such as employer name, occupation, job function, job title and buying information (e.g., preferences or history). We also will collect credit card and related information when you request a product or service (including, if applicable, registering for the Site) for which there is a charge. This Site only collects Personally Identifiable Information with your knowledge.
When you visit this Site, we may collect the IP address of your computer. We also use automatic data collection technology to record other information that identifies your computer and tracks your behavior on this Site. Methods used to collect this information may include "cookies" and "clear GIFs" (also known as "pixel tags" or "beacons"). A cookie is a small amount of data that is sent to your browser from a server and stored on your computer’s hard drive. Most browsers allow Users to block the receipt of cookies, but doing so may compromise your ability to use certain features of this Site. A clear GIF is a small graphic image, typically used in connection with cookies, that is placed on a web site or in an email message. A clear GIF can monitor certain user behavior, such as your usage of the web site, whether you opened an email message or whether you clicked on a URL in an email message. We do not collect Personally Identifiable Information in this way, but if you provide us with Personally Identifiable Information, we may associate that information with the information that is collected automatically.
Some of the materials included on this Site, including advertising, may be served by third parties. These third parties, in the course of serving such materials, may collect information regarding your use of this Site and how you respond to e-mail communications, using methods that may include automatic data collection, and may use this information in order to present advertisements or other content that may be of interest to you on both this Site and other web sites. Collection, use, disclosure and security of information collected by third parties are subject to the privacy policies of those third parties.
How We Use Your Information
We use Personally Identifiable Information collected on this Site for the following purposes:
- To provide you with this Site and other products and services.
- To respond to your inquiries and contact you about changes regarding this Site.
- To provide you with e-mail, fax and other notices (such as expiration and renewal notices) regarding your account and the products or services that you are receiving, and for billing and collection purposes.
- For any other purpose disclosed at the time the information is collected or to which you consent.
We also may use your information to better understand our Users and to improve our Site. For example, we may use this information to determine what portions of this Site are most popular and the demographics of our Users generally. Cookies and other User information also enable us to customize your experience on the Site. We may use IP addresses to help diagnose problems with our servers or to administer our Site. We may also use IP addresses to help identify a User during a particular session and to gather data regarding use of this Site.
We may use the information you provide us to send you e-mail, fax and other communications on behalf of TE, LLC and our affiliates. These communications may include e-mail newsletters, as well as offers for other TE, LLC services. All email newsletters will provide you with an opportunity to opt out of receiving future issues of the newsletter. All promotional offers will include an opportunity to opt out of receiving future promotions from the brand whose product/service is being promoted.
We also may use your information to send you e-mail and other communications on behalf of third parties. Each of these communications will include instructions for opting out of receiving future third party offers from us. You may also opt out of receiving third party offers from this Site at any time by sending an e-mail to firstname.lastname@example.org with the subject line “opt out – third party.”
Our Disclosure of Your Information
We may disclose aggregated, anonymous statistics about many Users, and individual information that is not Personally Identifiable Information without restriction as long as no individual is identifiable by the information disclosed, and otherwise will not disclose your Personally Identifiable Information except as follows:
- Name and/or business name and title (but not information by which you may be contacted (i.e. name, postal address, telephone number, fax number and e-mail address ) in representative lists of our magazine circulation and/or web site membership, but not for further use or dissemination by the recipient.
- To third parties engaged to provide services under contractual requirement to keep Personally Identifiable Information confidential and use it only to perform the services.
- Portions of this Site may be provided as “Premium” or “Sponsored” content. Premium or Sponsored content is made available to Users on the condition that we may share certain of the User’s registration information with the Premium or Sponsored content’s sponsors and advertisers and/or their service providers. We will always disclose when you are registering or being provided with Premium or Sponsored content.
- To other third parties (and/or to their service providers on their behalf) to market their products or services under contractual requirement to keep Personally Identifiable Information confidential and use it only to market and provide their products or services. You may opt out of such disclosures by sending an e-mail to email@example.com with the subject line: “do not disclose.”
- To any successor pursuant to an asset sale, merger, consolidation, restructuring, reorganization, liquidation or other similar transaction involving TE, LLC or this Site.
- When we believe such disclosure is required by law, regulation or securities exchange requirement or for the protection of persons or property.
- When disclosure is necessary to accomplish the purpose for which you provide it.
We use reasonable safeguards to protect Personally Identifiable Information we collect on this Site from unauthorized access, use, modification or disclosure. However, due to the design of the Internet and other factors outside of our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties.
This Site is operated by:
TEMPERED ENTERTAINMENT LLC.