DREAM SITE DESIGNER
TERMS OF USE

IMPORTANT—READ CAREFULLY AS IT TO CREATES A LEGALLY BINDING CONTRACT

UMBRA, LLC DREAM SITE DESIGNER (“DREAM SITE DESIGNER”) IS THE OPERATOR OF THIS WEBSITE (THE “SITE”) AND HAS ADOPTED THE FOLLOWING TERMS OF USE (THE “AGREEMENT” OR “TERMS OF USE”) WHICH SETS FORTH THE TERMS AND CONDITIONS UPON WHICH DREAM SITE DESIGNER PERMITS ANY VISITOR TO THE SITE (INCLUDING REGISTERED USERS) TO ACCESS AND USE THE SITE AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE BY DREAM SITE DESIGNER THROUGH THIS SITE (THE “SERVICES”). BY USING THIS SITE OR ANY SERVICE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE AND SERVICES. BY ACCESSING OR USING THIS SITE OR ANY OF THE SERVICES IN ANY MANNER, YOU ACCEPT THE TERMS CONTAINED HEREIN WITHOUT MODIFICATION OF ANY KIND.

AGREEMENT

Acceptance of Terms of Use and Incorporation of Policies

By accessing this Site or otherwise using any of the Services, you electronically accept all terms and conditions contained herein and acknowledge the you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies (incorporated herein for all purposes):

Right to Modify These Terms of Use.

Dream Site Designer reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue its Services at any time by posting a notice on the Site or by attempting to contact you via information made available by you to Dream Site Designer. Dream Site Designer may also impose limits on certain features and services or restrict your access to parts or all of its Services without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site and/or any applicable Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. If you have a separate agreement with Dream Site Designer related to any Service, these Terms of Use and the separate agreement shall be read to be as co-extensive as possible; provided, however, if any term contained in this Terms of Use conflicts with any term in the separate written agreement, the term in the separate written agreement shall govern for all purposes.

Visitor Conduct and General Acknowledgements.

You agree to the following:

  • You understand that the Site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted by you (or on your behalf) to or via the Site will violate or infringe upon the rights of any third party, including copyright, trademark, publicity, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and you (and not Dream Site Designer) shall be solely responsible for all materials submitted to the Site.
  • With respect to information that you may elect to submit though the Site, you agree to provide any additional information requested by Dream Site Designer, and that all information submitted by you to the Site was obtained by you through legal and ethical means.
  • You will not use this Site or any Service, directly or indirectly, to harvest or collect email addresses or other contact information of others by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
  • You will not use automated scripts to collect information from the Site or for any other purpose.
  • You will not use the Site or any Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or otherwise in any manner use the Site or any Service to:
    • harass or advocate harassment of any person;
    • exploit or attempt to exploit people in any sexual, violent or otherwise inappropriate manner;
    • solicit personal information from anyone under 18;
    • promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or otherwise objectionable;
    • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, pornographic, hateful, or racially, ethnically or otherwise objectionable;
    • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
    • transmit “junk mail,” “chain letters,” or unsolicited instant messaging, or “spamming” in any fashion; solicit passwords or personal identifying information for commercial or unlawful purposes from users of the Site;
    • promote contests or sweepstakes that is not in conformity with all applicable laws;
    • promote pyramid or ponzi schemes;
    • upload, post, email, transmit or otherwise make available any material that contains software viruses, trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • use or attempt to use another’s account, service or system or create a false identity;
    • violate or infringe upon the rights of any third party, including violating or infringing copyright, trademark, publicity, privacy or other personal or proprietary rights or defaming any third party; or
    • commit or cause the commitment of any “click-fraud” or other act, such as using spiders, robots, web scrapers, screen scrapers, internet macros or other automated software programs, that intentionally misrepresents advertising or voting metrics.

Proprietary Rights in Content on Dream Site Designer.

All content on the Site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the “Content”), are the proprietary property of Dream Site Designer, or its advertisers, partners or licensors, or registered members. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Dream Site Designer’s prior written permission.

All trademarks, logos, trade dress and service marks on the Site are either trademarks of Dream Site Designer or its advertisers, partners or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Dream Site Designer.

YOU AGREE NOT TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE ANY SOFTWARE OR ASSOCIATED CODE AVAILABLE ON OR THROUGH THE SITE(S) OR AVAILABLE THROUGH ANY SERVICE(S) OFFERED ON OR THROUGH THE SITES TO ANY HUMAN PERCEIVABLE FORM OR TO ANY FORM WHATSOEVER. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON ANY SUCH SOFTWARE, OR ANY PART THEREOF.

Links to Other Websites and This Site.

This Site may contain links to other websites (the “3rd Party Sources”). Dream Site Designer is not responsible for the content, accuracy or opinions expressed in any 3rd Party Source, and such 3rd Party Source are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked site (to 3rd Party Source or otherwise) on the Site does not imply approval or endorsement of the linked site by Dream Site Designer. If you decide to leave the Site and access these third-party sites, you do so at your own risk. Moreover, your use of each 3rd Party Source is subject to the terms of use, if any, set forth by each of the 3rd Party Sources. If there is any conflict between the terms set forth in this Agreement and any of the terms or notices set forth on any other 3rd Party Source, then the terms of that 3rd Party Source will control your use of that 3rd Party Source. Please review the terms of use for each 3rd Party Source so that you understand all of the terms that will apply.

Disclaimers.

Dream Site Designer is not responsible for any incorrect or inaccurate content posted on the Site or accessed via a link from the Site. The Site may be temporarily unavailable from time to time for maintenance or other reasons. Dream Site Designer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Dream Site Designer is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your computer, mobile phone, tablet or other equipment related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Site.

THE SITE, ALL SERVICES, AND ALL CONTENT ARE PROVIDED “AS-IS” AND DREAM SITE DESIGNER DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DREAM SITE DESIGNER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE DREAM SITE DESIGNER SERVICE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FULLY ASSUME ALL RISKS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE DREAM SITE DESIGNER SERVICE.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): DREAM SITE DESIGNER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITES.

Limitation on Liability.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL DREAM SITE DESIGNER BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR THE DREAM SITE DESIGNER SERVICE, EVEN IF DREAM SITE DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, DREAM SITE DESIGNER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $50.00 OR THE AMOUNTS PAID BY YOU TO DREAM SITE DESIGNER FOR YOUR USE OF THE SITE.

Governing Law and Venue.

This agreement and performance under this agreement shall be governed by the laws of the State of Illinois and the validity, interpretation and effect shall be governed by the laws of Illinois applicable to contracts executed and performed wholly therein. The Federal and State courts within Cook County, Illinois shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.

Indemnity.

You agree to indemnify and hold Dream Site Designer, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your violation of any law or the rights of a third party.

Age Requirements; Parental Notification and Responsibility.

All persons that have transmitted any data on or through the Site represent and have represented that they are at least 18 years of age; unless, in the case such person is under the age of eighteen (18) (a) such person’s parent and/or guardian consented to the terms of this Agreement and/r (b) such person’s registration and membership to the Site. Notwithstanding the foregoing, you must be fourteen (14) years of age or older to access any portion of the Site and if you are under fourteen (14) years of age you are not allowed to provide Dream Site Designer any personally identifiable information. You acknowledge if you provide Dream Site Designer any personally identifiable information and are under the age of fourteen (14), Dream Site Designer will make every effort to destroy/delete that information.

If you are a parent of a minor that has accessed this Site in violation of the terms of this Agreement, please contact us immediately at help@DreamSiteDesigner.com in order to allow us to terminate your child’s membership and remove all information provided by your child to the Site to the best of our ability.

Miscellaneous.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding your use of the Site, and with respect to online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You assume full responsibility for compliance with all local, state and national laws and agree to indemnify and hold Dream Site Designer harmless for any violation of any such law arising out of or related to your use of the Site.

The failure of Dream Site Designer to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.