Dreamcatcher Calendars Terms of Use Agreement

The Dreamcatcher Calendar (DCC) is the First Hybrid Online Calendar to include both banner advertising and a calendaring function that allows the unlimited posting of events by date on an ongoing basis. The DCC can be custom branded to any business and integrated into any website adding a powerful tool to increase traffic and revenue for a business ongoing. The DCC allows sponsors, advertisers, vendors and strategic alliances to increase their exposure through the banner advertising platform as well as list any special events or promotions through the date calendar function.

The services offered by Dreamcatcher Calendars (“DCC” "Dreamcatcher Calendars" or "we") include the Dreamcatcher Calendars website (the "Dreamcatcher Calendars Website"), the Dreamcatcher Calendars Internet messaging service, and any other features, content, or applications offered from time to time by Dreamcatcher Calendars in connection with the Dreamcatcher Calendars Website (collectively, the "Dreamcatcher Calendars Services"). The Dreamcatcher Calendars Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Dreamcatcher Calendars Services. By using the Dreamcatcher Calendars Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Dreamcatcher Calendars Website) or you are a "Member" (which means that you have registered with Dreamcatcher Calendars). The term "User" refers to a Visitor or a Member. You are only authorized to use the Dreamcatcher Calendars Services (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 the Dreamcatcher Calendars Website and discontinue use of the Dreamcatcher Calendars Services immediately. If you wish to become a Member, communicate with other Members/Advertiser/Sponsors and make use of the Dreamcatcher Calendars Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Dreamcatcher Calendars policy for acceptable use of the Dreamcatcher Calendars Services and Content posted on the Dreamcatcher Calendars Website, your rights, obligations and restrictions regarding your use of the Dreamcatcher Calendars Services and Dreamcatcher Calendars Privacy Policy. In order to participate in certain Dreamcatcher Calendars Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Dreamcatcher Calendars Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@DreamcatcherCalendars.com, Subject: Terms of Use Agreement.

Dreamcatcher Calendars may modify this Agreement from time to time and such modification shall be effective upon posting by Dreamcatcher Calendars on the Dreamcatcher Calendars Website. You agree to be bound to any changes to this Agreement when you use the Dreamcatcher Calendars Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Dreamcatcher Calendars and that you provide to other Users. Your Dreamcatcher Calendars profile may include the following items: telephone numbers, street addresses, last names, and photographs but excludes any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Dreamcatcher Calendars Members/Advertiser/Sponsors may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Dreamcatcher Calendars assumes no responsibility or liability for this material. If you become aware of misuse of the Dreamcatcher Calendars Services by any person, please contact Dreamcatcher Calendars or click on the "Report Inappropriate Content" link at the bottom of any Dreamcatcher Calendars page.

Dreamcatcher Calendars reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Dreamcatcher Calendars Services at any time, for any or no reason, with or without prior notice, and without liability. Dreamcatcher Calendars expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Dreamcatcher Calendars Services if Dreamcatcher Calendars determines, in its sole discretion, that you pose a threat to Dreamcatcher Calendars and/or its Users.

Eligibility. Use of and Members/Advertiser/Sponsorship/Advertiser/Sponsorship in the Dreamcatcher Calendars Services is void where prohibited. By using the Dreamcatcher Calendars Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Dreamcatcher Calendars Services does not violate any applicable law or regulation. Your profile may be deleted and your Members/Advertiser/Sponsorship/Advertiser/Sponsorship may be terminated without warning, if we believe that you are under 14 years of age.
Term. This Agreement shall remain in full force and effect while you use the Dreamcatcher Calendars Services or are a Member. You may terminate your Members/Advertiser/Sponsorship/Advertiser/Sponsorship at any time, for any reason, by following the instructions on the Member's Account Settings page. Dreamcatcher Calendars may terminate your Members / Advertiser / Sponsorship / Advertiser / Sponsorship at any time, without warning. Even after Members / Advertiser / Sponsorship / Advertiser / Sponsorship is terminated, this Agreement will remain in effect, including sections 5-17.
Fees. You acknowledge that Dreamcatcher Calendars reserves the right to charge for the Dreamcatcher Calendars Services and to change its fees from time to time in its discretion. If Dreamcatcher Calendars terminates your Members/Advertiser/Sponsorship/Advertiser/Sponsorship because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Password. When you sign up to become a Member/Advertiser/Sponsor, you will also be allocated a password that can be changed by you once you log into the admin area. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Dreamcatcher Calendars immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members / Advertiser / Sponsors. The Dreamcatcher Calendars Services are for the personal and professional use of Members / Advertiser / Sponsors only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Dreamcatcher Calendars. Illegal and/or unauthorized use of the Dreamcatcher Calendars Services, including collecting usernames and/or email addresses of Members/Advertiser/Sponsors by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Dreamcatcher Calendars Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Members/Advertiser/Sponsorship/Advertiser/Sponsorship privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Dreamcatcher Calendars Services.
Proprietary Rights in Content on Dreamcatcher Calendars.
1. Dreamcatcher Calendars does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Dreamcatcher Calendars Services. After posting your Content to the Dreamcatcher Calendars Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
  By displaying or publishing ("posting") any Content on or through the Dreamcatcher Calendars Services, you hereby grant to Dreamcatcher Calendars a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Dreamcatcher Calendars Services.
  Without this license, Dreamcatcher Calendars would be unable to provide the Dreamcatcher Calendars Services. For example, without the right to modify Member Content, Dreamcatcher Calendars would not be able to digitally compress music files that Members/Advertiser/Sponsors submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Dreamcatcher Calendars could not allow Users to listen to music posted by Members / Advertiser / Sponsors. The license you grant to Dreamcatcher Calendars is non-exclusive (meaning you are free to license your Content to anyone else in addition to Dreamcatcher Calendars), fully-paid and royalty-free (meaning that Dreamcatcher Calendars is not required to pay you for the use on the Dreamcatcher Calendars Services of the Content that you post), sub licensable (so that Dreamcatcher Calendars is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Dreamcatcher Calendars Services), and worldwide (because the Internet and the Dreamcatcher Calendars Services are global in reach). This license will terminate at the time you remove your Content from the Dreamcatcher Calendars Services. The license does not grant Dreamcatcher Calendars the right to sell your Content, nor does the license grant Dreamcatcher Calendars the right to distribute your Content outside of the Dreamcatcher Calendars Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Dreamcatcher Calendars Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Dreamcatcher Calendars Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Dreamcatcher Calendars Services.
3. The Dreamcatcher Calendars Services contain Content of Dreamcatcher Calendars ("Dreamcatcher Calendars Content"). Dreamcatcher Calendars Content is protected by copyright, trademark, patent, trade secret and other laws, and Dreamcatcher Calendars owns and retains all rights in the Dreamcatcher Calendars Content and the Dreamcatcher Calendars Services. Dreamcatcher Calendars hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Dreamcatcher Calendars Content (excluding any software code) solely for your personal use in connection with viewing the Dreamcatcher Calendars Website and using the Dreamcatcher Calendars Services.
4. The Dreamcatcher Calendars Services contain Content of Users and other Dreamcatcher Calendars licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Dreamcatcher Calendars Services.
Content Posted.
1. Dreamcatcher Calendars may delete any Content that in the sole judgment of Dreamcatcher Calendars violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Dreamcatcher Calendars assumes no responsibility for monitoring the Dreamcatcher Calendars Services for inappropriate Content or conduct. If at any time Dreamcatcher Calendars chooses, in its sole discretion, to monitor the Dreamcatcher Calendars Services, Dreamcatcher Calendars nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Dreamcatcher Calendars Services, and any material or information that you transmit to other Members/Advertiser/Sponsors and for your interactions with other Users. Dreamcatcher Calendars does not endorse and has no control over the Content. Content is not necessarily reviewed by Dreamcatcher Calendars prior to posting and does not necessarily reflect the opinions or policies of Dreamcatcher Calendars. Dreamcatcher Calendars makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members/Advertiser/Sponsors.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Dreamcatcher Calendars Services. Dreamcatcher Calendars reserves the right to investigate and take appropriate legal action against anyone who, in Dreamcatcher Calendars sole discretion, violates this provision, including without limitation, removing the offending communication from the Dreamcatcher Calendars Services and terminating the Members/Advertiser/Sponsors of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Dreamcatcher Calendars:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. includes a photograph of another person that you have posted without that person's consent; or
14. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
  The following is a partial list of the kind of activity that is illegal or prohibited on the Dreamcatcher Calendars Website and through your use of the Dreamcatcher Calendars Services. Dreamcatcher Calendars reserves the right to investigate and take appropriate legal action against anyone who, in Dreamcatcher Calendars sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
15. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
16. advertising to, or solicitation of, any Member to buy or sell any products or services through the Dreamcatcher Calendars Services. You may not transmit any chain letters or junk email to other Members/Advertiser/Sponsors. It is also a violation of these rules to use any information obtained from the Dreamcatcher Calendars Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members / Advertiser / Sponsors from such advertising or solicitation, Dreamcatcher Calendars reserves the right to restrict the number of emails which a Member may send to other Members/Advertiser/Sponsors in any 24-hour period to a number which Dreamcatcher Calendars deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Dreamcatcher Calendars Services, you acknowledge that you will have caused substantial harm to Dreamcatcher Calendars, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Dreamcatcher Calendars $50 for each such unsolicited email or other unsolicited communication you send through the Dreamcatcher Calendars Services;
17. covering or obscuring the banner advertisements on your personal profile page, or any Dreamcatcher Calendars page via HTML/CSS or any other means;
18. any automated use of the system, such as using scripts to add friends or send comments or messages;
19. interfering with, disrupting, or creating an undue burden on the Dreamcatcher Calendars Services or the networks or services connected to the Dreamcatcher Calendars Services;
20. attempting to impersonate another Member or person;
21. for band profiles, copying the code for your Dreamcatcher Calendars Player and embedding it into other profiles or asking other Members/Advertiser/Sponsors to embed it into their profiles;
22. 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;
23. selling or otherwise transferring your profile;
24. using any information obtained from the Dreamcatcher Calendars Services in order to harass, abuse, or harm another person;
25. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Dreamcatcher Calendars Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
26. using the Dreamcatcher Calendars Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Dreamcatcher Calendars to terminate Members/Advertisers/Sponsors privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Dreamcatcher Calendars by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Dreamcatcher Calendars Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Dreamcatcher Calendars Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) 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. Dreamcatcher Calendars Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Dreamcatcher Marketing Inc., 11856 Balboa Blvd Ste, 224, Granada Hills CA 91344. Facsimile: (818) 698-0498; Attn: Copyright Agent; and email: copyrightagent@Dreamcatchercalendars.com.
Member Disputes. You are solely responsible for your interactions with other Dreamcatcher Calendars Members/Advertiser/Sponsors. Dreamcatcher Calendars reserves the right, but has no obligation, to monitor disputes between you and other Members/Advertiser/Sponsors.
Privacy. Use of the Dreamcatcher Calendars Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. Dreamcatcher Calendars is not responsible for any incorrect or inaccurate Content posted on the Dreamcatcher Calendars Website or in connection with the Dreamcatcher Calendars Services, whether caused by Users of the Dreamcatcher Calendars Services or by any of the equipment or programming associated with or utilized in the Dreamcatcher Calendars Services. Profiles created and posted by Members/Advertiser/Sponsors on the Dreamcatcher Calendars Website may contain links to other websites. Dreamcatcher Calendars is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Dreamcatcher Calendars. Inclusion of any linked website on the Dreamcatcher Calendars Services does not imply approval or endorsement of the linked website by Dreamcatcher Calendars. When you access these third-party sites, you do so at your own risk. Dreamcatcher Calendars takes no responsibility for third party advertisements which are posted on this Dreamcatcher Calendars Website or through the Dreamcatcher Calendars Services, nor does it take any responsibility for the goods or services provided by its advertisers. Dreamcatcher Calendars is not responsible for the conduct, whether online or offline, of any User of the Dreamcatcher Calendars Services. Dreamcatcher Calendars 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, any User or Member communication. Dreamcatcher Calendars 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the Dreamcatcher Calendars Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Dreamcatcher Calendars Services. Under no circumstances shall Dreamcatcher Calendars be responsible for any loss or damage, including personal injury or death, resulting from use of the Dreamcatcher Calendars Services, attendance at a Dreamcatcher Calendars event, from any Content posted on or through the Dreamcatcher Calendars Services, or from the conduct of any Users of the Dreamcatcher Calendars Services, whether online or offline. The Dreamcatcher Calendars Services are provided "AS-IS" and as available and Dreamcatcher Calendars expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Dreamcatcher Calendars cannot guarantee and does not promise any specific results from use of the Dreamcatcher Calendars Services.
Limitation on Liability. IN NO EVENT SHALL DREAMCATCHER CALENDARS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DREAMCATCHER CALENDARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DREAMCATCHER CALENDARS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DREAMCATCHER CALENDARS FOR THE DREAMCATCHER CALENDARS SERVICES DURING THE TERM OF MEMBERSIP/ADVERTISING/SPONSORSHIP.
U.S. Export Controls. Software available in connection with the Dreamcatcher Calendars Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Dreamcatcher Calendars Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving the Dreamcatcher Calendars Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either Dreamcatcher Calendars or you may demand that any dispute between Dreamcatcher Calendars and you about or involving the Dreamcatcher Calendars Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent Dreamcatcher Calendars from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold Dreamcatcher Calendars, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Dreamcatcher Calendars Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Dreamcatcher Calendars Website or through the Dreamcatcher Calendars Services causes Dreamcatcher Calendars to be liable to another.
Other. This Agreement is accepted upon your use of the Dreamcatcher Calendars Website or any of the Dreamcatcher Calendars Services and is further affirmed by you becoming a Member/advertiser or Sponsor. This Agreement constitutes the entire agreement between you and Dreamcatcher Calendars regarding the use of the Dreamcatcher Calendars Services. The failure of Dreamcatcher Calendars to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Dreamcatcher Calendars is a trademark of Dreamcatcher Marketing, Inc. 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.

Please contact us at: Contact Dreamcatcher Calendars with any questions regarding this Agreement.

USE OF THIS WEBSITE CONSTITUTES AN AGREEMENT TO ALL OF THE PROVISIONS CONTAINED ABOVE.