OWNERSHIP
Welcome to the DreamVisionFilms.com web site at
www.dreamvisionfilm.com and
www.dreamvisionworks.com
("Site"). The Site is owned by Vortexual Dreams Production, Inc. This Site
is operated by
Vortexual Dreams Production, Inc. and materials on the Site are owned
or licensed by Vortexual Dreams Production, Inc., DreamVisionFilm.com or
DreamVisionWorks.com. The Site may also include materials owned by third
parties and posted on the Site by virtue of a license, grant or some other
form of agreement between the third party and Vortexual Dreams Production,
Inc.
VORTEXUAL DREAMS PRODUCTION, INC. has created this Site for your
personal enjoyment, entertainment and education. These Terms and Conditions
of Use constitute a legal agreement ("Agreement") between you and VORTEXUAL
DREAMS PRODUCTION, INC. regarding the use of the Site, and the provision of
materials to VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com both online and offline. Use of the Site and the
provision of materials to VORTEXUAL DREAMS PRODUCTION, INC., Dream Vision
Films and Dream Vision Works are also governed by the Site's
Privacy Statement, and the Program's
Application Rules and Requirements and
Submitted Materials Release, which are incorporated into this Agreement
by this reference. By using the Site and/or providing materials to
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com or DreamVisionWorks.com
you agree to be bound by this Agreement, whether you are a "Visitor" (which
means that you simply browse the Site) or you are a "Member" (which means
that you have registered with the Site and submitted an Application
("Application")). The term "User" refers to a Visitor or a Member. You are
only authorized to access this Site or to use the materials and services
contained in the Site (regardless of whether your access or use is
intended) if you agree to abide by all applicable laws and to this
Agreement. Please read this Agreement carefully and save it. If you do not
agree with it, you should leave this Site immediately.
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com reserve the right to modify or amend this Agreement without notice at
any time, and such modification will be effective upon posting by VORTEXUAL
DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com on the
Site. You agree to be bound by any changes to this Agreement when you use
the Site after any such modification is posted. It is therefore important
that you read this page regularly to ensure you are updated as to any
changes.
ACCESS AND USE
All materials contained in this Site are protected by international
trademark and copyright laws and must only be used for personal,
non-commercial purposes. This means that you may only view or download
material from this Site for your own use and you must keep all copyright
and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email,
facsimile or other electronic means), publication, modification, copying or
transmission of material from this Site is STRICTLY PROHIBITED unless you
have obtained the prior written consent of VORTEXUAL DREAMS PRODUCTION,
INC. and/or DreamVisionFilm.com and DreamVisionWorks.com or unless it is
expressly permitted by this Site. The material covered by this prohibition
includes, without limitation, any text, graphics, logos, photographs, audio
or video material or stills from audiovisual material available on this
Site. The use of materials from this Site on any other web site or
networked computer environment is similarly prohibited. Requests for
permission to reproduce or distribute materials found on this Site can be
made by contacting Vortexual Dreams Production, Inc. in writing at PO Box
32, Ocala, FL 34478 or by email at
DVF@dreamvisionfilm.com .
You are also strictly prohibited from creating works or materials that
derive from or are based on the materials contained in this Site including,
without limitation, fonts, icons, link buttons, wallpaper, desktop themes,
on-line postcards and greeting cards and unlicensed merchandise. This
prohibition applies regardless of whether the derivative materials are
sold, bartered or given away.
CONTENT POSTED ON THE SITE
You are welcome to post, transmit or submit messages and other materials
(which include uploading files, inputting data or any other materials, "blogging/chatting,"
or engaging in any form of communication in connection with this Site)
(collectively "Content") to bulletin boards, chat rooms or other public
areas within, or in connection with, this Site (collectively "Forums"). You
are solely responsible for such Content. Neither VORTEXUAL DREAMS
PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com accept
responsibility whatsoever in connection with or arising from such Content.
Furthermore, you are welcome to submit an Application to VORTEXUAL
DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com as
part of the submission process, including providing a Submission
Application; short film or video; and related legal releases (collectively
"Submitted Material"). If you provide Submitted Materials to VORTEXUAL
DREAMS PRODUCTION, INC. DreamVisionFilm.com and DreamVisionWorks.com as
part of the film submission, that information will not be publicly
available in the Forums or elsewhere until VORTEXUAL DREAMS PRODUCTION,
INC., DreamVisionFilm.com and DreamVisionWorks.com determine in their sole
discretion to disclose such materials.
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com do not endorse and do not have control over the
Content submitted by others to Forums. Content submitted to Forums is not
necessarily reviewed by VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com prior to posting and does not
necessarily reflect the opinions or policies of VORTEXUAL DREAMS
PRODUCTION, INC., DreamVisionFilm.com or DreamVisionWorks.com VORTEXUAL
DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com make
no warranties, express or implied, as to such Content and/or Forums or
their accuracy and reliability. Nonetheless, VORTEXUAL DREAMS PRODUCTION,
INC., DreamVisionFilm.com and DreamVisionWorks.com reserve the right to
prevent you from submitting content to forums and to edit, restrict or
remove such content for any reason at any time. VORTEXUAL DREAMS
PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com may remove
any form of cursing contained in the Content with a swear filter
application if and to the extent you do not otherwise opt out of such
filter.
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com assume no responsibility for actively monitoring
forums for inappropriate content. If, at any time VORTEXUAL DREAMS
PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com choose, in
their sole discretion, to monitor the content and/or forums, VORTEXUAL
DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com
nonetheless assume no responsibility for the content and/or forums, no
obligation to modify or remove any inappropriate content, and no
responsibility for the conduct of the User submitting any content to
forums. In submitting content to forums, you agree to strictly limit
yourself to discussions about the subject matter for which the content
and/or forums are intended. You agree that VORTEXUAL DREAMS PRODUCTION,
INC., DreamVisionFilm.com and DreamVisionWorks.com accept no liability
whatsoever if they determine to prevent your content from being submitted
or if they edit, restrict or remove your content. You also agree to permit
any other User of this Site to access, view, store or reproduce the
material for that other User's personal use and not to restrict or inhibit
the use of the Site by any other person.
You agree to release VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com their respective members,
parents, affiliates and subsidiaries, together with their respective
employees, agents, officers, directors and shareholders, from any and all
liability and obligations whatsoever in connection with or arising from
your use of forums. If at any time you are not happy with the forums or
object to any material within forums, your sole remedy is to cease using
them.
Please refer to the
Discussion Policy for additional explanation regarding the posting of
Content to Forums.
Please refer to the
Application Rules and Requirements for additional explanation of the
application process for the Program.
PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE
General. You agree that any Content whatsoever posted
by you to the public areas of the Site (excluding blogs) you hereby grant
to VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com the non-exclusive, fully paid and royalty-free,
perpetual, irrevocable universal license to use, copy, sublicense, adapt,
transmit, translate, distribute, publicly perform, publicly display,
modify, and translate such content as VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com see fit. You represent and
warrant that: (1) you own the content posted by you on the Site, (2) your
content does not violate the privacy rights, publicity rights, copyright
rights, intellectual property rights, or any other rights of any person or
entity, and (3) the posting of your content on the Site does not result in
a breach of any contract between you and a third party. You agree to pay
for all royalties, fees and any other monies owing any person or entity by
reason of any content you post on the Site.
Blogs. By posting any content to the blog areas of the
Site, you hereby grant to VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com the non-exclusive, fully paid
and royalty-free, perpetual, irrevocable worldwide license to use, copy,
sublicense, adapt, transmit, translate, distribute, publicly perform,
publicly display, modify, and translate such Content. This license will
terminate at the time you remove such content from the Site.
Notwithstanding the foregoing, a back-up or residual copy of the content
posted by you to the blog areas of the Site may remain on VORTEXUAL DREAMS
PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com servers
after you have removed such content from the Site. You represent and
warrant that: (1) you own the content posted by you to the blog areas of
the Site or otherwise have the right to grant the license set forth in this
section, (2) your content does not violate the privacy rights, publicity
rights, copyright rights, intellectual property rights, or any other rights
of any person or entity, and (3) the posting of your content to the blog
areas of the Site does not result in a breach of any contract between you
and a third party. You agree to pay for all royalties, fees and any other
monies owing any person or entity by reason of any content you post to the
blog areas of the Site.
PROHIBITED CONTENT AND/OR ACTIVITY
You must use the Site in a manner consistent with any and all applicable
laws and regulations. The following is a partial list of the kind of
Content that is illegal or prohibited on the Site. VORTEXUAL DREAMS
PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com reserve the
right to investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including without
limitation, removing the offending content from the Site and terminating
the membership of such violators. Prohibited content includes content that:
- contains nudity, excessive violence, or offensive
subject matter;
- exploits people in a sexual or violent manner;
- is obscene, patently offensive, or promotes racism,
bigotry, hatred or physical harm of any kind against any group or
individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail" or "chain
letters" or unsolicited mass mailing;
- promotes information that you know is false or
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses,
last names, URLs or email addresses, including in your Member profile;
- violates the copyright, trademark or other
intellectual property rights of any other person;
- furthers or promotes any criminal activity or
enterprise or provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
- solicits passwords or personal identifying
information for commercial or unlawful purposes from other Users; or
- involves commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, solicitation of
donations, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal
or prohibited on the Site. VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com reserve the right to
investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without limitation,
reporting you to law enforcement authorities. Prohibited activity includes,
but is not limited to:
- advertising to, or solicitation of, any Member to
buy or sell any products or services through the Site. You may not
transmit any chain letters or junk email to other Members. Although
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com cannot monitor the conduct of its members off the
Site, it is also a violation of these rules to use any information
obtained from the Site in order to harass, abuse, or harm another person,
or in order to contact, advertise to, solicit, or sell to any Member
without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com reserve the right to
restrict the number of emails which a member may send to other members in
any 24-hour period to a number which the Site deems appropriate in its
sole discretion;
- using the account, username, or password of another
Member at any time or disclosing your password to any third party or
permitting any third party to access your account;
- covering or obscuring the banner advertisements on
Forums, or any FIM page via HTML/CSS or any other means; or
- any automated use of the system;
- attempting to impersonate another User or person;
- selling or otherwise transferring your profile;
- interfering with, disrupting, or creating an undue
burden on the site or the networks or services connected to the Site.
UNSOLICITED SUBMISSIONS
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com do not knowingly accept unsolicited submissions
(submissions that do not conform with the
Program Application Rules and Requirements including, without
limitation, submissions of scripts, story lines, articles, fan fiction,
characters, drawings, information, suggestions, ideas or concepts.
VORTEXUAL DREAMS PRODUCTION, INC.'s, DreamVisionFilm.com and
DreamVisionWorks.com policies are to simply delete any such submission
without reading it or forwarding it to other VORTEXUAL DREAMS PRODUCTION,
INC., DreamVisionFilm.com and DreamVisionWorks.com staff. Therefore, any
similarity between an unsolicited submission and any elements in any of
VORTEXUAL DREAMS PRODUCTION, INC. and/or DreamVisionFilm.com and
DreamVisionWorks.com creative work including, without limitation, a film,
series, story, title or concept would be purely coincidental.
Notwithstanding the foregoing, VORTEXUAL DREAMS PRODUCTION, INC.
DreamVisionFilm.com and DreamVisionWorks.com reserve the right to change
the foregoing submission policy including, but not limited to, the
following:
If unsolicited submissions are sent to VORTEXUAL DREAMS PRODUCTION, INC.
or DreamVisionFilm.com and DreamVisionWorks.com via this Site, however,
these submissions become the property of VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com and may be used, copied,
sublicensed, adapted, transferred, transmitted, distributed, publicly
performed, published, displayed or deleted as VORTEXUAL DREAMS PRODUCTION,
INC., DreamVisionFilm.com and DreamVisionWorks.com see fit. You agree that
you are not entitled to any compensation, credit or notice whatsoever and
that by sending an unsolicited submission you waive the right to make any
claim against VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com and their respective parents or affiliates, relating
to unsolicited submissions, including, without limitation, unfair
competition, breach of implied contract or breach of confidentiality.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must
contact VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com at PO Box 32, Ocala, FL 34478 or email at
DVF@dreamvisionfilm.com before doing so. In establishing hypertext
links, you must not represent in any way, expressly or by implication, that
you have received the endorsement, sponsorship or support of this Site or
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com including their respective employees, agents,
directors, officers and shareholders.
If VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com have provided links or pointers to other web sites, no
inference or assumption should be made and no representation should be
implied that VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com are connected with, operate or controls these Web
sites.
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com are not responsible for the content or practices of
third party web sites that may be linked to this Site and make no
representation or warranty regarding such web sites or their content. This
Site may also be linked to other web sites operated by companies affiliated
or connected with VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com
and DreamVisionWorks.com. When visiting other web sites, however, you
should refer to each such web site's individual "Terms of Use" and not rely
on this Agreement.
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com take no responsibility for third party advertisements
which are posted on this Site, nor do they take any responsibility for the
goods or services provided by their advertisers.
DISCLAIMER OF LIABILITY AND WARRANTIES
While VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com do their best to ensure the optimal performance of the
Site, you agree that you use this Site and rely on material contained in
this Site at your own risk.
The Site, and all materials in this Site, are provided "as is" and, to
the fullest extent permitted by law, are provided without warranties of any
kind either express or implied. This means, without limitation, that
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com DO NOT WARRANT that the Site is fit for any particular
purpose; that the functions contained in the materials in the Site will be
uninterrupted; that defects will be corrected; that the Site is free of
viruses and other harmful components or that the Site is accurate, error
free or reliable.
You acknowledge that VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com their respective parents and
affiliates together with their respective employees, agents, directors,
officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies,
failures, errors, omissions, interruptions, deletions, defects, viruses,
communication line failures or for the theft, destruction, damage or
unauthorized access to your computer system or network.
You acknowledge that VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com are not liable for any
defamatory, offensive or illegal conduct or material found in connection
with this Site, including such conduct or material transmitted by any means
by any other person.
You acknowledge that VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com are not liable for any
damages, including, without limitation, direct, incidental, special, and
consequential or punitive damages, in connection with or arising from your
use or from your inability to use the Site.
INDEMNITY
You agree to defend, indemnify and hold harmless VORTEXUAL DREAMS
PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com, their
respective parents, affiliates and subsidiaries, together with their
respective employees, agents, directors, officers and shareholders, from
and against all the liabilities, claims, damages and expenses (including
reasonable attorney's fees and costs) arising out of your use of this Site;
your failure to use the Site; your breach or alleged breach of this
Agreement or your breach or alleged breach of the copyright, trademark,
proprietary or other rights of third parties.
TERMINATION
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com reserve the right to immediately terminate your use
of, or access to, this Site at any time if VORTEXUAL DREAMS PRODUCTION,
INC., DreamVisionFilm.com and DreamVisionWorks.com decide at their sole
discretion that you have breached this Agreement or any relevant law, rule
or regulation or you have engaged in conduct that VORTEXUAL DREAMS
PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com consider to
be inappropriate or unacceptable.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site infringes your
copyright, you should notify VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilm.com and DreamVisionWorks.com of your copyright infringement
claim in accordance with the following procedure.
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and
DreamVisionWorks.com will process notices of alleged infringement which it
receives and will take appropriate action as required by the Digital
Millennium Copyright Act (DMCA) and other applicable intellectual property
laws. The DMCA requires that notifications of claimed copyright
infringement should be sent to this Site's Designated Agent who is:
Leith Taylor
Vortexual Dreams Production, Inc.
PO Box 32
Ocala, FL 34478
ltaylor@dreamvisionworks.com
352-871-4308
To be effective, the notification must be in writing and contain the
following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
- Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such
works at that site;
- Identification of the material that is claimed to
be infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the
material;
- Information reasonably sufficient to permit the
service provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which
the complaining party may be contacted;
- A statement that the complaining party has a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that
the information in the notification is accurate and that the complaining
party is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
E-mails sent to
ltaylor@dreamvisionworks.com for purposes other than communication
about copyright claims may not be acknowledged or responded to.
OTHER
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. This Agreement is
governed by, and construed in accordance with, the laws of the State of
Florida without giving effect to any principles of conflicts of law. You
agree to submit to the exclusive jurisdiction of the courts of the State of
Florida, with venue in Ocala, or, if appropriate, the United States
District Court for the Central District of Florida for resolution of any
dispute, action or proceeding arising in connection with this Agreement or
your use or non-use of the Site, and you further irrevocably waive any
right you may have to trial by jury in any such dispute, action or
proceeding.
COPYRIGHTS (C) / TRADEMARKS (tm)
VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilms.com,
DreamVisionWorks.com. © 2007, VORTEXUAL DREAMS PRODUCTION, INC.,
DreamVisionFilms.com, DreamVisionWorks.com Audio/visual elements and text ©
2007, VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilms.com,
DreamVisionWorks.com Artwork © 2007. Use of this Site assumes acceptance of
the
Terms of Use and
Privacy Statement. All materials contained in this Site are protected
by copyright and trademark and shall not be used for any purpose whatsoever
other than private, non-commercial viewing purposes. Reproduction,
duplication, distribution, derivative works, and other unauthorized copying
or use of stills, audio, video footage, or any other materials contained in
this Site is expressly prohibited. If you have any questions please
send an e-mail to
DVF@dreamvisionfilm.com.
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