DreamVale Studios Terms and Conditions
THIS IS AN AGREEMENT BETWEEN YOU AND DREAM VALE STUDIOS, WHOSE REGISTERED TRADEMARK IS DREAM VALE STUDIOS. ALL REFERENCES TO DREAM VALE STUDIOS, “US”, OR “WE” ARE FOR CONVENIENCE ONLY AND MUST BE READ AS REFERRING TO DREAM VALE STUDIOS. PLEASE READ THESE TERMS AND CONDITIONS AND VISIT THIS PAGE PERIODICALLY TO REVIEW ANY UPDATES, AS DREAM VALE STUDIOS MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE. BY ACCESSING THIS SITE, OR THROUGH THE SITE PURCHASING ANY PRODUCT OR UTILIZING ANY SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS, ALL APPLICABLE TERMS AND CONDITIONS OF ANY LINKED SITES, ANY PRODUCT-SPECIFIC RULES OR USAGE PROVISIONS, AND ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE ALSO AGREEING THAT YOU ARE NOT PROHIBITED FROM USING THIS SITE DUE TO AGE OR ANY INFIRMITY.
1.THE DREAM VALE STUDIOS WEBSITE
DreamVale Studios via its websites DreamValeStudios.com(collectively termed as Site) offers digital downloads, original handcrafted artwork, printed reproductions (of varying sizes on varying materials), coloring books, artwork and information relating to such artwork and other content (individually and collectively termed , “Digital Content”). If you purchase Downloads on our store, then we recommend that you download the file or its zip on your computer.
2. Digital Content
2.1 Rights Granted. Upon your complete payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable non-sublicensable license to use the Digital Content solely for your personal, non-commercial, entertainment use, subject to and in accordance with these terms and conditions. Any unauthorized duplication or exploitation of the downloads or fixed media products other than for home or personal use constitutes copyright infringement and may be subject to civil and criminal penalties. This license does not permit any derivative use, including but not limited to downloading or copying of information for commercial purposes, data gathering, mining or extraction. You may not use any names, logos or trademarks of DreamVale Studios or those from whom DreamVale Studios has licensed (licensors) or otherwise acquired content, except with prior written permission. You may create a hyperlink to DreamValeStudios.com provided you do not thereby disparage DreamVale Studios or its licensors. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the valuable intellectual property of DreamVale Studios or a third party and is protected by law. You should limit the backup copies to one copy. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.
2.2 Restrictions. As further noted below, you agree that content made available via the Site are done so on an “as is” basis, and are protected by applicable trademarks, copyrights and other intellectual property rights of Dream Vale Studios or third parties, all as further noted below. The Site is the exclusive property of Dream Vale Studios and is protected by domestic United States and international copyrights, trademarks and other provisions.,
2.3 All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download the files promptly from our website and make a back-up copy of it on your computer hard drives. If you are unable to complete a download after having reviewed our online help resources, please contact Arielle@dreamvalestudios.com. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. Purchased DreamVale Studios content will generally continue to be available in your account, but may become unavailable due to potential content provider licensing restrictions or other reasons and Dream Vale Studios will not be liable to you if DreamVale Studios content becomes unavailable for further download.
3. Reservation of Rights
Except for the rights explicitly granted to you in these Terms and Conditions all right, title and interest in the Digital Content are reserved and retained by us, our Digital Content providers, and our licensors. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content.
4.1 Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability in the DreamValeStudios.com Conditions of Sale: in no event shall our or our Digital Content providers’ total liability to you for all damages arising from your purchase of the Digital Content, or information, materials or products included on or otherwise made available to you through www.DreamValeStudios.com, exceed the amount you paid to purchase the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
4.2 Termination; Amendments. Your rights under the Terms and Conditions will automatically terminate without notice from us if you fail to comply with any of our terms. In case of such termination, you must cease purchasing or using Digital Content from www.DreamValeStudios.com, and we may immediately revoke your username and password without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with the Terms and Conditions will not constitute a waiver of any of our rights. We may amend any of the Terms and Conditions at our sole discretion and by posting the revised terms on our website. Your continued purchase of the Digital Content after any such amendment’s effective date evidences your agreement to be bound by it.
4.3 Contact Information. For communications concerning the Terms of Sale, please write to Dream Vale Studios Attn: Legal Department, 3006 Live Oak Park Rd 92028 or email Arielle@DreamValeStudios.com.
All content included on this site, such as text, graphics, logos, button icons, images, and digital downloads, is the property of DreamVale Studios or its content suppliers and protected by United States and International copyright laws. The compilation of all content on this site is the exclusive property of DreamVale Studios and protected by U.S. and International copyright laws. Any software on this site is the property of Dream Vale Studios, or its software suppliers, and its intellectual property rights are protected under applicable laws.
DreamVale Studios and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Dream Vale Studios, in the U.S. and/or other countries. DreamVale Studios’s trademarks and trade dress may not be used in connection with any product or service that is not DreamVale Studios’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DreamVale Studios. All other trademarks not owned by DreamVale Studios that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DreamVale Studios.
8. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. DreamVale Studios does sell products to children, but it sells them only to adults, who can purchase with a credit card or other permitted payment method. If you are under the age of 18 you may use our website only with the permission and involvement of a parent or guardian. DreamVale Studios reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
9. Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” We have the right to refuse any posting for whatever reason.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DreamVale Studios reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant DreamVale Studios a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DreamVale Studios and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DreamVale Studios for all claims resulting from content you supply. DreamVale Studios has the right but not the obligation to monitor and edit or remove any activity or content. DreamVale Studios takes no responsibility and assumes no liability for any content posted by you or any third party.
10. Risk of Loss
All items purchased from DreamVale Studios are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
11. Product Descriptions
DreamVale Studios attempts to be as accurate as possible. However, DreamVale Studios does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by DreamVale Studios itself is not as described, your sole remedy is to return it in unused condition. Digital Downloads do not apply and are non-returnable.
12. Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DREAMVALE STUDIOS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
DREAMVALE STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DREAMVALE STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DREAMVALE STUDIOS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM DREAMVALE STUDIOS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DREAMVALE STUDIOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE CONTENTS OF THIS SITE DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING A DECISION. YOU FUTHER ACKNOWLEDGE THAT ANY INFORMATION OR MATERIALS ON THIS SITE MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13. Applicable Law
You agree to defend, indemnify and hold harmless Dream Vale Studios and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
15. Site Policies, Modification, and Severability