© 2017-2019 Red Giant Publishing. Dream Phaze®. ABN 95 788 130 015  All Rights Reserved

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Red Giant Publishing

Terms of Service

Website Terms of Service

Last updated 5 July 2018

Red Giant Publishing ("Red Giant Publishing", "WE" OR "US") WEBSITE TERMS AND CONDITIONS

The Dream Phaze website terms and conditions (the "terms") set forth below govern your use of the Dream Phaze website located at the URL www.dreamphaze.com (the "site"). These terms are a legal contract between you and Red Giant Publishing and govern your access to, and use of, the site. If you do not agree with any of these terms, do not access or otherwise use the site or any information on or related to the site. Your use of the site constitutes your agreement to abide by each of the terms set forth below. Red Giant Publishing may make changes to the content offered on the site, at any time without notice, and Red Giant Publishing can change these terms at any time. If Red Giant Publishing changes any of these terms, Red Giant Publishing will post the updated terms on the site. Red Giant Publishing may also send registered users that have submitted their email address a notice of the change to these terms. Your continued use of the site after such changes have been posted acknowledges your agreement to the new terms. Therefore, you should check the terms of use posted on the site periodically for updates and changes.

If you are under age 18 you must have your parent or legal guardian's permission to use the site, as well as have them read and agree to these terms.

You represent, acknowledge and agree that you are at least 18 years of age or that you are the parent or legal guardian of a user, and you agree to these terms. If you are the parent or legal guardian of a user of the site and you have questions about the site or these terms, please contact us at hello@dreamphaze.com.

 

General Use Restrictions

 

Red Giant Publishing provides digital content and services through the Site. Certain information, documents, and services provided on and through the Site, including content, logos, graphics, sounds, images and the ebooks delivered to you through the Site (together, the "Materials") are provided to you by Red Giant Publishing and are the copyrighted and/or trademarked work of Red Giant Publishing and Matthew Watters.

Subject to your payment of any applicable fees, Red Giant Publishing grants you a limited, personal, non-exclusive and non-transferable license to use the Site and Materials on devices you own, all solely for your personal use. Except for the license set forth in the preceding license grant above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Site in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you must cease using the Site and agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any of the Materials.

 

We may offer updates of the Site, from time to time, for feature enhancement, security or other purposes.

 

You agree to comply with all export regulations of the Australian Government and other agencies and authorities that may apply to the Site.

 

If you violate these Terms, Red Giant Publishing may terminate and/or suspend your access to the Site and/or use of the Materials, Third-Party Content (as defined below) without notice. Red Giant Publishing prefers to advise you of your inappropriate behaviour and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Red Giant Publishing, may result in immediate termination of your access to the Site. Red Giant Publishing has the right to terminate any password-restricted account for any reason. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Red Giant Publishing's failure to enforce any of these Terms is not a waiver of such term.

 

Disclaimer of Warranties

 

Your use of the Site is at your own risk. Third-Party Content has not been verified or authenticated in whole or in part by Red Giant Publishing, and they may include inaccuracies, typographical, or other errors. Red Giant Publishing does not warrant the accuracy of timeliness of Third-Party Content contained on the Site. Red Giant Publishing has no liability for any errors or omissions in Third-Party Content, if provided by Red Giant Publishing.

 

NEITHER RED GIANT PUBLISHING OR ITS LICENSORS OR SUPPLIERS MAKE ANY EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, ANY MATERIALS OR THIRD-PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD-PARTY CONTENT OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MATERIALS, THIRD-PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS," “AS AVAILABLE" AND “WHERE-IS" BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEITHER RED GIANT PUBLISHING NOR ITS LICENSORS OR SUPPLIERS PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

 

LIMITATION OF LIABILITY

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RED GIANT PUBLISHING NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD-PARTY CONTENT TO OR FROM THE SITE. IN NO EVENT SHALL RED GIANT PUBLISHING OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGE TO YOUR HEALTH OR FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF RED GIANT PUBLISHING OR ITS LICENSORS KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

 

Privacy Policy

 

Your use of the Site is governed by the Red Giant Publishing Privacy Policy, which is available at www.dreamphaze.com/privacy-policy.

 

Third-Party Content

 

Certain information and content may be provided by Third-Party licensors and suppliers to Red Giant Publishing (“Third-Party Content"). The Third-Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third-Party Content or as otherwise set forth in these Terms, you agree to only display the Third-Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content or as otherwise expressly authorised in these Terms. You hereby indemnify and hold Red Giant Publishing and all providers/licensors of Third-Party Content harmless from any Third-Party claims related to your use of the Third-Party Content in any manner other than authorised hereunder.

 

Etiquette

 

Red Giant Publishing asks that you respect the Red Giant Publishing online community as well as other individuals participating within the Red Giant Publishing online community. Common sense and basic etiquette should guide your conduct. To further these common goals, if uploading to the Site, you agree not to, without limitation:

 

Upload anything that exploits children or minors or participate in a group that exploits children or minors.

Upload any content that is mature, adult in nature or inappropriate for a general audience.

Use explicit/obscene language or solicit/upload sexually explicit images (actual or simulated) or to participate in racially, ethnically, or otherwise offensive language.

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Upload any copyrighted or trademarked materials without the express permission from the owner.

Impersonate or represent Red Giant Publishing, our staff or other industry professionals.

Solicit a user's password or other account information.

Harvest user names, addresses, homepage URL's or email addresses for any purpose other than your personal use in your interactions on the Site.

Upload information that makes available or includes another individual's personally identifiable information (for example, their real name, e-mail address, address, employer or school).

Disseminate any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.

Discuss or incite illegal activity.

Upload anything that depicts cruelty to animals.

Alter or interfere with Red Giant Publishing's Site or operations by employment of Third-Party scripts, code, bots, etc.

Remove, hide, or obscure access to Red Giant Publishing tools used to report a user or their behaviour.

This list of prohibitions provides examples and is not complete, exclusive or exhaustive. Red Giant Publishing reserves the right to terminate your access to your account, your ability to upload to the Site; for any action that Red Giant Publishing determines is inappropriate or disruptive to the Site or to any other user of the Site with or without cause and with or without notice, for any reason or no reason. Red Giant Publishing may report to law enforcement or other appropriate government authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct. When legally required or at Red Giant Publishing's discretion, Red Giant Publishing will cooperate with law enforcement or appropriate government agencies in any investigation. You hereby acknowledge and agree that in using the Site, you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL THE VIEWS OF THE AUTHOR, AND Red Giant Publishing WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT. Your access to and use of the Site is undertaken at your own risk and Red Giant Publishing is not responsible for any offensive, harmful or otherwise objectionable materials that may be included on the Site by any Third-Party.

 

You understand that your interactions and dealings with other users of the Site are solely between you and such other user. Red Giant Publishing is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and Red Giant Publishing has no obligation to become involved in any resulting dispute.

 

Unauthorised Activities

 

Unauthorised use of any Materials or Third-Party Content contained on the Site may violate applicable laws and regulations. You agree to indemnify and hold Red Giant Publishing and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defence) Red Giant Publishing or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a Third-Party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any Third-Party.

 

Payment and Electronic Communications

 

When you purchase an episode or series, you are expressly agreeing that Red Giant Publishing is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Red Giant Publishing in connection with such episode or series and that the fees will be billed to the credit card or account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. When you purchase an episode or series, you will be charged for each episode as it is released on the Site. If payment is not received or cannot be charged to your credit card account for any reason in advance, Red Giant Publishing reserves the right to either suspend or terminate your access to the episode or series and terminate these Terms. All fees are non-refundable.

 

By using the Site, you consent to receiving electronic communications from Red Giant Publishing. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site. These electronic communications are part of your relationship with Red Giant Publishing and you receive them as part of your purchase of an episode or series. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Proprietary Rights

 

Dream Phaze is a trademark of Matthew Watters in Australia. Other trademarks, names and logos on the Site are the property of their respective owners.

 

Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Matthew Watters and Red Giant Publishing, Copyright 2017-18 Red Giant Publishing. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or publisher. Red Giant Publishing will be responsible for any investigation, defence, settlement and discharge of any intellectual property infringement claim based on the Site.

 

Copyright and Trademark Infringements

Any copyright infringements of episode or series content, the Materials, or the Site will be prosecuted by the publisher, Red Giant Publishing.

Notification: Red Giant Publishing respects the intellectual property rights of others, and we require you to do the same when interfacing with the Site.

 

Unauthorised use of any Materials or Third-Party Content contained on the Site may violate applicable laws and regulations. You agree to indemnify and hold Red Giant Publishing and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defence) Red Giant Publishing or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a Third-Party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any Third-Party.

 

Red Giant Publishing may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe our intellectual property rights.

 

General

 

Red Giant Publishing controls and operates the Site from its headquarters in Australia and the Materials, or Third-Party Content may not be appropriate or available for use in other locations. If you use the Site outside Australia, you are responsible for following applicable local laws.

 

These Terms are the entire agreement between you and Red Giant Publishing and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Red Giant Publishing about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

 

These Terms will be governed and interpreted pursuant to the laws of the State of New South Wales, Australia, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of New South Wales in connection with any New South Wales dispute between you and Red Giant Publishing arising out of these Terms or pertaining to the subject matter hereof.

 

You agree that the exclusive venue for any dispute arising out of these Terms or pertaining to the subject matter thereof will be in the state and federal courts in. You irrevocably waive all rights to bring or participate in any class action suits or claims regarding the matters related hereto. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms, these Terms will govern, unless expressly agreed in writing otherwise by an executive officer of Red Giant Publishing (i.e., regular employees cannot bind Red Giant Publishing).

 

If you have any questions, complaints or claims with respect to the Site, please contact:Red Giant Publishing via the dreamphaze.com website bob@dreamphaze.com