IMPORTANT - READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS DREAM MEDIA EMPIRE(ALONG WITH ITS SUBSIDIARIES AND BUSINESSES ("DREAM MEDIA EMPIRE")) WEBSITE (THE "WEBSITE"), SUBSCRIBING TO DREAMMEDIAEMPIRE.COM SERVICES, PURCHASING DREAMMEDIAEMPIRE PRODUCTS, DOWNLOADING DREAMMEDIAEMPIRE SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE DREAMMEDIAEMPIRE SERVICES AND PRODUCTS, AND THE RELATED DREAMMEDIAEMPIRE SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE "DREAMMEDIAEMPIRE TECHNOLOGY").
DREAM MEDIA EMPIRE IS WILLING TO PROVIDE YOU WITH LIMITED ACCESS TO THE DREAMMEDIAEMPIRE TECHNOLOGY THROUGH THE WEBSITE AND MAKE AVAILABLE DREAMMEDIAEMPIRE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM DREAM MEDIA EMPIRE OR ITS AFFILIATES IN CONNECTION WITH THE DREAMMEDIAEMPIRE TECHNOLOGY AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE "AGREEMENT").
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE ACCESSING OR OTHERWISE USING THE DREAMMEDIAEMPIRE TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE DREAMMEDIAEMPIRE TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM DREAMMEDIAEMPIRE.
Authority By accessing, subscribing, downloading and/or otherwise using the DreamMediaEmpire Technology, you certify that you (a) are at least fifteen (15) years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Dream Media Empire that may be published within the DreamMediaEmpire Technology or the Website. If the person accessing, subscribing and/or otherwise using the DreamMediaEmpire Technology is under the age of majority in his/her state/province of residence, then such person should review and discuss this Agreement with their parent or legal guardian, and by such person's accessing, subscribing, downloading and/or otherwise using the DreamMediaEmpire Technology, such person's parent or legal guardian is deemed to have consented to such person's entering into this Agreement and deemed to have agreed to have such person be bound by the terms hereof. Notwithstanding anything to the contrary herein, to access, subscribe to, download and/or otherwise use the DreamMediaEmpire Technology for any "R Rated" portion of the Website as described on the Website by DreamMediaEmpire, you must be at least eighteen (18) years of age, and by accessing, subscribing, downloading and/or otherwise using the DreamMediaEmpire Technology for any "R Rated" portion of the Website as described on the Website by DreamMediaEmpire, you certify that you are at least eighteen (18) years of age.
Intellectual Property The DreamMediaEmpire Technology is owned and operated by Dream Media Empire and its licensors and is protected by copyright and other intellectual property laws under Canadian and international laws and treaties - Copyright 2011 Dream Media Empire. All rights reserved. The compilation and arrangement of all content, data and other information found within the DreamMediaEmpire Technology are also the sole and exclusive property of Connected Ventures and its licensors and is protected by Canadian and international intellectual property laws. The "look and feel" of the DreamMediaEmpire Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Dream Media Empire and its licensors and fully protected under Canadian and international intellectual property laws.
Use of the DreamMediaEmpire Technology Subject to the terms and conditions set forth herein and any third party restrictions, Dream Media Empire grants you a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the DreamMediaEmpire Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by Dream Media Empire for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the DreamMediaEmpire Technology; provided you retain all Dream Media Empire copyright and proprietary notices contained in the original materials or any copies thereof.
All rights to ownership or use not expressly stated herein are reserved by Dream Media Empire and Dream Media Empire disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the DreamMediaEmpire Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the DreamMediaEmpire Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the DreamMediaEmpire Technology, or any part thereof, including, but not limited to, using any part of the DreamMediaEmpire Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the DreamMediaEmpire Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Dream Media Empire, its affiliates, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use DreamMediaEmpire Technology to harm minors in any way; (viii) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using DreamMediaEmpire Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the DreamMediaEmpire Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the DreamMediaEmpire Technology or servers or networks connected to the DreamMediaEmpire Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the DreamMediaEmpire Technology (including, but not limited, to the Website); and (xiv) "stalk" or otherwise harass another; or collect or store personal data about other users.
You agree not to access the DreamMediaEmpire Technology by any means other than through the means that is provided by Dream Media Empire for use in accessing the DreamMediaEmpire Technology.
By posting information or other materials on the Website or within the DreamMediaEmpire Technology or by making such information available for downloading by you, Dream Media Empire does not waive any proprietary right in and to the DreamMediaEmpire Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the DreamMediaEmpire Technology except for the limited license expressly granted herein.
Submissions: Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to Dream Media Empire through the DreamMediaEmpire Technology (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to Dream Media Empire, you hereby grant Dream Media Empire and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the DreamMediaEmpire Technology and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the Dream Media Empire on the Website and/or in this Agreement.
By making a Submission, you waive the right to make any claim against Dream Media Empire or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Dream Media Empire or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the DreamMediaEmpire Technology in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Dream Media Empire to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
Participation Disclaimer Connected Ventures does not and cannot review all Submissions posted to or created by users accessing the DreamMediaEmpire Technology (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the DreamMediaEmpire Technology (including, but not limited to, the Website), Dream Media Empire is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities. Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Dream Media Empire reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Dream Media Empire in its sole discretion.
Trademarks Any and all trademarks displayed within the DreamMediaEmpire Technology are owned by Dream Media Empire, its licensors or its affiliates, or are the property of third parties (in which case Dream Media Empire makes no claim of ownership rights therein).
Confidentiality At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Dream Media Empire. "Confidential Information" means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Dream Media Empire or its licensors, including, but not limited to, all parts of the DreamMediaEmpire Technology and any other materials or information related to the business or activities of Dream Media Empire that are not generally known to others engaged in similar businesses or activities.
Warranty Disclaimer YOU ACCESS AND USE THE DREAMMEDIAEMPIRE TECHNOLOGY AT YOUR SOLE RISK. THE DREAMMEDIAEMPIRE TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DREAM MEDIA EMPIRE and its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers and shareholders DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. Without limiting the foregoing, Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not represent or warrant that (a) the DreamMediaEmpire Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the DreamMediaEmpire Technology will be corrected, (c) the DreamMediaEmpire Technology or the servers that operate the DreamMediaEmpire Technology are free of viruses or other harmful components, (d) the data, results and information within the DreamMediaEmpire Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the DreamMediaEmpire Technology will meet your needs, requirements or expectations.
Dream Media Empire may make changes to the content within the DreamMediaEmpire Technology or to the products or services described in it, at any time without notice to you. Further, Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no liability or responsibility for any errors or omissions in the content within the DreamMediaEmpire Technology. The materials in the DreamMediaEmpire Technology may be out of date or inaccurate, and Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders specifically disclaim any duty to update such content. Any material downloaded or otherwise obtained by you through the use of the DreamMediaEmpire Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses and other forms of malware or badware.
You acknowledge and agree that Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Dream Media Empire. You acknowledge and agree that Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the DreamMediaEmpire Technology provided by any other user of the Website or any third party licensors or suppliers of Dream Media Empire.
Limitation of Liability NEITHER DREAM MEDIA EMPIRE, its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers, shareholders, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE DREAMMEDIAEMPIRE TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE DREAMMEDIAEMPIRE TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE DREAMMEDIAEMPIRE TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE DREAMMEDIAEMPIRE TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE DREAMMEDIAEMPIRE TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE DREAMMEDIAEMPIRE TECHNOLOGY WHETHER OR NOT DREAM MEDIA EMPIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL DREAM MEDIA EMPIRE and its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers and shareholders' AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO DREAM MEDIA EMPIRE FOR ACCESS AND USE OF THE DREAMMEDIAEMPIRE TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE DREAMMEDIAEMPIRE TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).
Access to the DreamMediaEmpire Technology You shall be responsible for obtaining access to the DreamMediaEmpire Technology and for all equipment necessary to access the DreamMediaEmpire Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the DreamMediaEmpire Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges, and associated taxes.
Passwords and Your Obligations You may be asked to register as a member on certain pages or services within the DreamMediaEmpire Technology and to select a unique username and password in order to be able to access your account and use any of the DreamMediaEmpire Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Dream Media Empire in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email.
Security The DreamMediaEmpire Technology resides on the public internet. Dream Media Empire uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to Dream Media Empire and information stored on servers controlled by Dream Media Empire. Notwithstanding these efforts, Dream Media Empire cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the DreamMediaEmpire Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the DreamMediaEmpire Technology, overloading, "flooding," "mailbombing" or "crashing" the DreamMediaEmpire Technology. Violations of system or network security may result in civil or criminal liability. Dream Media Empire reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Applicable Laws Subject to the terms and conditions set forth herein, you may use the DreamMediaEmpire Technology only for lawful purposes. The DreamMediaEmpire Technology is subject to, and you agree that you shall at all times comply with, all applicable local, provincial, national, and international laws, statutes, rules, regulations and ordinances including, but not limited to, regulations promulgated by the Canadian Securities Regulators, any rules of any national or other securities exchange, including the Toronto Stock Exchange, New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law that are applicable to the use of the DreamMediaEmpire Technology and to your Submission.
Indemnification You agree to indemnify, defend, and hold harmless Dream Media Empire, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the DreamMediaEmpire Technology; and (d) any use of your Submission by Dream Media Empire or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive this Agreement and your use of the DreamMediaEmpire Technology.
Termination You agree that Dream Media Empire, at its sole discretion, may terminate or suspend your access to and use of the DreamMediaEmpire Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Dream Media Empire believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Dream Media Empire reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the DreamMediaEmpire Technology (or any part thereof) without notice. You agree that Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the DreamMediaEmpire Technology. Your obligations under this Agreement shall continue even after Dream Media Empire has terminated and/or cancelled this Agreement or your access to the DreamMediaEmpire Technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to Dream Media Empire for use of your Submission.
Resale Prohibited Products sold from the Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, Dream Media Empire reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Product Display/Colors & Specifications The DreamMediaEmpire Technology (including, but not limited to, the Website) attempts to display product images shown through it as accurately as possible. However, Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the DreamMediaEmpire Technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the DreamMediaEmpire Technology (including, but not limited to, the Website) are subject to change at any time without notice. Weights and measures are approximate.
Applicability of Content The Website is intended for residents of Canada and is operated in the Province of Manitoba, Canada. Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders make no representation that the content provided through the DreamMediaEmpire Technology is applicable or appropriate for use in jurisdictions other than Canada. If you access the DreamMediaEmpire Technology (including, but not limited to, the Website) from outside of Canada, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the DreamMediaEmpire Technology, you may not view or use the DreamMediaEmpire Technology.
Jurisdiction This Agreement shall be governed and construed in all respects by the laws of the Province of Manitoba, without regard to principles of conflict of laws and the United Nations Convention of Controls for International Sale of Goods. You agree that the DreamMediaEmpire Technology (including, but not limited to the Website) is deemed a passive website that does not give rise to personal jurisdiction over Dream Media Empire or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the Province of Manitoba. You agree to submit to the exclusive jurisdiction of the courts of the Province of Manitoba located in the Province of Manitoba for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Connected Ventures Intellectual Property Notice Dream Media Empire has designated the person listed below as its agent to receive notifications of alleged copyright infringement on the Website. Dream Media Empire respects the intellectual property of others, and asks our users to do the same. Dream Media Empire will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Dream Media Empire's IP Agent the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(c)(3) of the Copyright Act for more information) (the "Notice"):
•(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
•(b) a specific description of the copyrighted work or other intellectual property that you claim has been infringed;
•(c) a specific description of where the material that you claim has been infringed is located in the DreamMediaEmpire Technology sufficient to permit Dream Media Empire to locate the material;
•(d) your address, telephone number and email address;
•(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
•(f) a statement by you that the information in your Notice is accurate and a statement made under penalty of perjury that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide the Dream Media Empire's IP Agent with the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(g)(3) of the Copyright Act) (the "Counter Notice"):
•(a) a physical or electronic signature of the subscriber of the DreamMediaEmpire Technology;
•(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
•(c) a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
•(d) the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the court of the judicial district in which the address is located, or if the subscriber's address is outside of the Canada, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned Notice requirements in writing, your Notice may not be valid and that Dream Media Empire may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Dream Media Empire will terminate rights of subscribers and account holders in appropriate circumstances if they are determined to be repeat infringers.
Dream Media Empire's IP Agent for Notice and Counter Notice of claims of copyright or other intellectual property infringement can be contacted at:
Order of Preference This Agreement governs your use and access to the DreamMediaEmpire Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Dream Media Empire. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on the Website or within the DreamMediaEmpire Technology, conflicts with any provision of your other agreements with Dream Media Empire, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement (unless otherwise expressly provided in such other agreement).
Revisions and Consents Dream Media Empire reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. Dream Media Empire also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the DreamMediaEmpire Technology (including, but not limited to, on the Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on the Website. By continuing to enter the Website and/or using the DreamMediaEmpire Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
Entire Agreement This Agreement constitutes the entire agreement between you and Dream Media Empire with respect to the subject matter addressed herein, and governs your access to and use of the DreamMediaEmpire Technology, superseding any prior agreements between you and Dream Media Empire relating to such subject matter, but this Agreement may be supplemented by any other written agreement you enter into with Dream Media Empire pursuant to your enrollment and/or participation in other features of the DreamMediaEmpire Technology.
Electronic Delivery Policy and Your Consent By using the DreamMediaEmpire Technology, you consent to receive from Dream Media Empire all communications including notices, agreements, legally required disclosures or other information in connection with the DreamMediaEmpire Technology (collectively, "Contract Notices") electronically. Dream Media Empire may provide such electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website and the DreamMediaEmpire Technology.
General Provisions Notwithstanding anything in this Agreement to the contrary, if any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
Dream Media Empire or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders' failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Dream Media Empire and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Dream Media Empire. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
DATE: Sept 27, 2011
Last Updated: October 5, 2011
Information we collect about you
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through any of our websites, the information may be sent to servers located in Canada and other countries around the world.
1.Information you provide. We may collect and store any personal information you enter on any of our websites or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender and age, and other demographic information.
2.Information from other sources. We may also periodically obtain both personal and non-personal information about you from business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
3.Information about others. We may also collect and store personal information about other people that you provide to us. If you use any of our websites to send other people (friends, relatives, colleagues, etc.) messages through our system (such as an invitation to an event), information that may interest them, or products as a gift, we may store your personal information, and the personal information of each such recipient.
1.Information collected automatically. We automatically collect information from your browser when you visit any of our websites. This information includes your IP address, browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
2.Cookies. When you visit any of our websites, we may assign your computer one or more cookies to facilitate access to our sites and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our sites, such as the web pages you visit, the links you click, and the searches you conduct on our sites. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our websites.
3.Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our sites. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether you have opened the messages and the subsequent action taken by you. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our websites, advertising, content, programming or other activities.
4.Information collected by third-parties. We may allow other third-parties, including our authorized service providers, advertising agencies, and ad networks, to display advertisements, or provide applications and services on our sites. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements or use their applications and services. Our websites do not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and personalized online experiences and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
How we use the information we collect
In general. We may use information that we collect about you to:
1.deliver the products and services that you have requested;
2.manage your account and provide you with customer support;
3.perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
4.communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, or other third parties;
5.develop and display content and advertising tailored to your interests on our sites and other sites;
6.verify your eligibility and deliver prizes in connection with contests and sweepstakes;
7.enforce our terms and conditions;
8.manage our business and
9.perform functions as otherwise described to you at the time of collection.
Financial information. We may use financial information or payment method to process payment for any purchases or sales made on any of our websites, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
Job applicants. If your personal information is submitted through any of our websites when applying for a position with our company, the information will be used solely in connection with considering and acting upon your application. We may retain your personal information for a period of time, but only for the purpose of considering your application for current or future available positions. This information may be shared with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.
Please review "Your choices about collection and use of your information" below.
With whom we share your information
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our websites or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared.
We may share personal information with:
1.Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our websites' functionality, and supporting contests, sweepstakes, surveys and other features offered through our websites. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
2.Business partners: When you make purchases or engage in promotions offered through any of our websites or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
3.Other Situations. We also may disclose your information:
1.In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
2.When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our websites' terms and conditions or other agreements or policies.
3.In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our websites and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
Your choices about collection and use of your information
1.You can choose not to provide us with certain information, but that may negatively impact or totally prevent your use of certain features of our websites because such information may be required in order for you to register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our websites.
2.When your register on any of our websites, you may be given a choice as to whether you want to receive e-mail messages about special offers or with special distributions of content by us. You may modify your choice at any time. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party (such as an event provider) before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.
How we protect your personal information
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information.
We want you to feel confident using our websites to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.
Submitting Content to our Websites
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms and Conditions of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Our websites are general audience sites, and we do not knowingly collect personal information from children under the age of 13.
No Rights of Third Parties
How to contact us
© 2011 Dream Media Empire. All rights reserved.
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