Terms of Use

Last updated September 21, 2015.

Replaces the July 21, 2015 version in its entirety.

Please read these Terms of Service (“Terms”) carefully. They contain the legal terms and conditions that govern your use of services provided to you by DumpDreams.com, including information, text, images, graphics, data or other materials (“Content”)

By using the Service, you agree to these terms.

  1. Your Agreement With DumpDreams.com

You agree that DumpDreams.com can use the data you provide to us in accordance with our Privacy Policy at http://www.dumpdreams.com/privacy-policy/, which is incorporated herein by reference.

  1. Your Content.

2.1 Ownership:   You retain all rights and ownership in your content.  DumpDreams.com does not claim any ownership rights in your content.

2.2 License to Your Content.  Even though we don’t claim ownership of your content, we do need certain licenses to your content in order to operate and enable the Service.  When you upload or submit content to our Service, you grant DumpDreams a worldwide license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better showcase your work), publicly display, publicly perform, publish, reproduce, store, and use such content.  The license granted by you is for the only purpose of operating, marketing, promoting, and improving our Services.

2.4 Termination of License.  You may terminate this license at any time by removing your content from the Service.  However, you agree that DumpDreams.com may retain and use copies of your content for archival or backup purposes and for the investigation purpose mentioned later.

2.5 Feedback: You have no obligation to provide DumpDreams.com with ideas, suggestions or proposals (“Feedback”).  If you submit Feedback to DumpDreams.com, we may use it for any purpose without compensation to you and have no obligation to keep your Feedback confidential.

  1. Who Can Use Our Service?

3.1 Service Eligibility:  You can only use our Service if you are over 13 years old, it is legal for you to use our Services, and you are legally capable of entering into a binding contract.

3.2 International Users:  Pages describing the Services are accessible from around the world but this does not mean all Services or service features are available in your country, or that user-generated content available via the Services is legal in your country.   DumpDreams may block access to certain Services (or certain service features or content) in certain countries.    It is your responsibility to make sure your use of the Services is legal in the country where you live.

  1. Account Information.

You may need to create an account with us in order to use our Service.  It is your responsibility to keep your log-in credentials secure and you are responsible to DumpDreams.com for all activities that occur via your account.

  1. User Conduct.

5.1 Don’t Abuse The Services: Please don’t use the Services to do anything unlawful, infringing, disruptive, harmful, threatening, abusive, tortious, defamatory, libelous, lewd, profane, obscene, hateful or otherwise objectionable.  While you are free to promote your Creative Work on DumpDreams.com, do not spam other users via messaging or project comments.  Don’t collect other people’s information without their consent.  Only use our Service to post your own creative work.  Don’t use the Services as a generic image hosting service such as for banner advertisements, etc. If DumpDreams.com decides that your conduct violates the Terms of Use, we may remove your content or disable your use of the Services at any time, with or without notice to you.

5.2 Impersonation.  Because DumpDreams is all about creative professionals getting credit for what they create, we require that you (and you agree to) use your real name in your profile.  If we in good faith believe that you have created an account impersonating another person, we may, in our sole discretion and after an internal investigation, either transfer your account to the person who you are pretending to be or terminate your account with no liability to you.

  1. Use of Our Services.

6.1 We are not responsible for (a) the loss, corruption, or damage to your content, (b) the deletion or accuracy of your content, or (c) the security, privacy, or communications related to your content.

6.2 We may create limits on the use of Services or DumpDreams.com Materials, including limitation on file size and storage space.  DumpDreams.com may require you to delete your content until you are within certain storage space limits.

6.3 We may include links to websites or services that we do not operate.  We have no control over and are not responsible for the content appearing on these websites or services.

6.4 User-Generated Content.  As you know, we host user-generated content from our users.  If you access our Service, you may come across content that you may find offensive or upsetting.  You agree that if the content at issue meets the Community Guidelines, your sole remedy is to simply stop viewing the content that bothers you.   If the content violates the Community Guidelines, you agree your sole remedy is to tell us by clicking on the ‘Report” button that is available on every project.

  1. Investigations.

7.1 We don’t review all content uploaded to the Services but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).

7.2 DumpDreams.com may access or disclose information about you, or your use of a service, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) where we, in our discretion, think it is necessary to protect the rights, property or personal safety of DumpDreams.com, our users, or the public.

  1. DumpDreams’ Materials.

Using our Services does not give you ownership of any such intellectual property rights.  You may not use content accessible from our Service unless you obtain permission from its owner or are otherwise permitted by law. You cannot use the DumpDreams Materials to construct any kind of database.

  1. Your Warranty and Indemnification Obligations.

9.1 You represent and warrant that you own all intellectual property rights (or have obtained all necessary permissions) to your content and have the right to grant us the license stated in Section 2.2 above.

9.2 You also represent and warrant that your content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.

9.3 You agree to indemnify and hold DumpDreams.com and its officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your content, your use of the Services or DumpDreams Materials, your violation of the Terms, or your violation of any rights of another.

  1. Our Disclaimer of Warranties.

10.1 You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk.  Views expressed on our website or through our Services do not necessarily reflect our views.  We do not support or endorse certain content posted by you or other users.  Certain content from others may be incorrectly labeled, rated, or categorized.

10.2 Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.

10.3 Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND DUMPDREAMS MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.

  1. Our Limitation of Liability.

Limitation of Liability: IN NO EVENT SHALL DUMPDREAMS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER.

  1.  Termination

12.1 You can stop using our Services at any time.

12.2 We may add, modify, or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Services to you, or add or create new limits to our Services at any time.

  1. Intellectual property

13.1 Intellectual property (IP) is a term referring to creations of the intellect for which a monopoly is assigned to designated owners by law. Some common types of intellectual property rights: are copyright, patents, and industrial design rights; and the rights that protect trademarks, trade dress, and in some jurisdictions trade secrets: all these cover music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols

13.2 If you believe the IP in your work or in the work for which you act as an agent has been infringed through this Service, please contact DumpDreams’ agent for notice of claims. support@dumpdreams.com

You must provide our agent with substantially the following information, which DumpDreams may then forward to the alleged infringer:

  1. Descriptions of the patented/copyrighted work(s) you believe are infringed.
  2. The exact location (URL) where the infringing material resides on the Service.
  3. Contact information so that we can reach you, such as email address, your physical address and telephone number;
  4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the patent/ copyright owner.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13.3 If you believe access to your content was disabled or removed by DumpDreams as a result of an improper copyright infringement notice, please send our Agent (support@dumpdreams.com) a written counter-notice that contains all of the following:

(a) A description of the work improperly removed, along with your user name and the location where that work resided on the Service;

(b) Contact information so that we can reach you, such as email address, your physical address and telephone number;

(c) A statement under penalty of perjury, signed by you, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

Before you file a counter-notice, please carefully consider whether or not your use of the copyrighted/patented material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court decides your counter-notice misrepresented that the material was removed by mistake.  If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney.

  1. About these Terms.

14.1 Severability:  If a court finds any section of the Terms or Additional Terms invalid or unenforceable, the rest of the Terms or Additional Terms still apply.

14.2 No Waiver:   If we don’t enforce (or we delay enforcement) of the Terms or Additional Terms against you, we haven’t waived our enforcement rights.

14.3 Modification. We may modify these terms to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised terms.

 

  1. Questions

If you have questions about this Terms of Use or our policies, please contact us: support@dumpdreams.com