TERMS and CONDITIONS

 

The Dreamwork Collective (DWC) provides personal custom-publishing services that allow its clients to create, design, layout, print and publish professional quality printed books and publications, including digital versions thereof, (each referred to as a "Book" as applicable in these Terms and Conditions and other user policies). The services offered by The DWC print-on-demand custom-publishing services, The DWC Website and Bookstore, The DWC Community, and any other features, content, or services offered from time to time by The DWC in connection with the organisation (collectively, the “Services").

 

This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of the Services through this website. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" or you are an "Client" (which means that you have published through The DWC). The term "User" refers to a Visitor or an Client.

 

BY USING THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE DWC PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR APP AND THE SERVICES OFFERED ON THE WEBSITE.

 

You represent and warrant that you are authorised to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.

 

To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website or Service.

 

Amendments. The DWC may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by The DWC on the Website, (2) for existing Users, thirty (30) days after posting by The DWC on the Website, or (3) for existing Clients (Authors), if the modifications to the Agreement are material, thirty (30) days after The DWC sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Client’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.

 

  1. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your DWC Bookstore Account (the "Account") may be deleted without warning if we believe that you are younger than thirteen (13).
  2. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions. The DWC MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 8 through 26 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Blurb profile information from our live databases as well as any Content that you uploaded to The DWC Website using such Account. The DWC will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
  3. You acknowledge that The DWC reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by The DWC on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to The DWC as set forth on the Website or in the App.
  4. Conditions of sale.

4.1 Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. The DWC currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before The DWC invoices the credit card for all amounts due and payable. By providing The DWC with your credit card number and associated payment information, you agree that The DWC is authorised to immediately invoice your account for all fees and charges due and payable to The DWC as a result of your purchase of any Books or other products. You agree to immediately notify The DWC of any change in your billing address or the credit card used for payment hereunder. The DWC reserves the right, at any time, to change its prices and billing methods for Books and other products sold, either immediately upon posting on the Website, or by e-mail delivery to you.

4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes) at the rates in effect when the charges were incurred. When you order Books or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as The DWC has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Books or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.

4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived.

4.4 Returns. All sales of Books and other products are subject to The DWC’s then-current return policies, as posted on the Website.

4.5 Gift Cards. You agree to the terms and conditions for gift cards that The DWC offers ("Gift Cards") as may be found here and which are hereby incorporated by reference and may be amended from time to time by The DWC in its sole discretion.

  1. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify The DWC’s acceptance of your order, nor does it constitute confirmation of our offer to sell. The DWC reserves the right at any time after receipt of your order to accept or decline your order for any reason. The DWC further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by The DWC upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
  2. Title and Risk of Loss. All sales of Books and other products are made FOB shipping agent. Title and risk of loss to each shipment of the Books and other products shall pass to you upon transfer to the shipping agent, FOB.
  3. Password. When you sign up to to the Website 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. You agree to notify The DWC immediately if you suspect any unauthorised use of your Account or access to your password. You are solely responsible for any and all use of your Account.

 

  1. Enforcement by The DWC. The DWC has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of The DWC violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for The DWC, its suppliers, service providers, partner companies, or any User. The DWC reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
  2. Copyright Policy. It is The DWC’s policy to terminate any client contracts whose work infringes copyright upon prompt notification to The DWC 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 Services or used in any Book on our Website 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 authorised 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 the location on the Service of the material that you claim is infringing; (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 authorised 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 authorised to act on the copyright owner’s behalf. Contact information for Blurb’s Copyright Agent for notice of claims of copyright infringement is as follows:

 

Helen

helen@thedreamworkcollective.com

Subject: URGENT Copyright Infringement

 

  1. Limited Warranty. Limited Warranty for Books. The DWC warrants that, subject to minor differences across products and printing partners as described in The DWC’s Return Policy available at http://www.dreamworkcollective.com/bookstore/returns, Books will be free of any material defects in materials and workmanship. The DWC will, at its own expense and at its sole obligation and your exclusive remedy, replace any materially defective Books which you report to DWC via The DWC’s Order Support in accordance with the Return Policy.
  2. Release. You hereby release The DWC, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any Content in Books purchased through the website.
  3. Electronic communications. The communications between you and The DWC use electronic means, whether you visit the Website or otherwise use the Service or send The DWC e-mails, or whether The DWC posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from The DWc in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The DWC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
  4. Governing Law and Arbitration. This Agreement shall be governed by the laws of the United Arab Emirates. The DWC may seek injunctive or other equitable relief to protect its intellectual property rights in any court. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Books and other products from the DWC Services.
  5. Notices. The DWC may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with The DWC, or by written communication sent by first class mail or pre-paid post to your address on record with The DWC. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to The DWC, addressed to the attention of its Chief Operating Officer to helen@thedreamworkcollective.com.
  6. Other. This Agreement is accepted upon your use of the Website or any of the Services or when you register to become a Client (Author). This Agreement and the Privacy Policy constitutes the final, complete and exclusive agreement between you and The DWC regarding the subject matter hereof and supersedes and merges all prior discussions between the parties. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of The DWC 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. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language. Please contact us with any questions regarding this Agreement.
  7. Copyright/Trademark Information. Copyright © 2017, The Dreamwork Collective. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Website or in connection with the Services are the property of The DWC or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.

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