DREAM ALBUM Co. USER AGREEMENT


User Agreement

This document (the “User Agreement”) is a legally binding agreement between you (the “User” or “Photographer”) and Dream Album Co. (“ Dream Album Co.”) that governs your use of Dream Album Co. online services.

 

Contract Formation

By using the thedreamalbum.com web site (“Service”), or any services of Dream Album Co., you are agreeing to be bound by the following Terms and Conditions (”User Agreement”).

 

Changes to the User Agreement

Dream Album Co. reserves the right to update and change the User Agreement from time to time without notice and at its sole discretion.

Any new features, tools and/or products that are added to the current Service shall be also subject to the Terms of Service. Continued use of the Service after any such changes shall constitute the User’s acceptance and consent to such changes.

You can review the most current version of the User Agreement at any time at:  

http://www.thedreamalbum.com/policies

Dream Album Co.  reserves the right to update and change the User Agreement by posting updates and changes to the Service website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

 

Fees and Compensation

When ordering Albums or other products, Dream Album Co. will require Users to pay for their order in full by valid credit card including applicable prices for the product shipping and handling as set forth on the applicable Site prior to their order being processed. By accessing this website or by submitting an order you agree to the Terms and Conditions stated above and give Dream Album Co. permission to charge your credit card on file. No credit card charge backs will be accepted for any reason. As an account holder you are responsible for payment of all orders submitted using your account. We are unable to accept third party payments. All orders must be charged to the account holder’s credit card on file.

 

 

 

Access and Use of the Site

  • You must be a registered photographer with Dream Album Co. to use this Service.
  • You must provide your full name, a valid email address, and any other information requested in order to complete the registration process.
  • Access to the site is granted through the use of a single Username and Password combination (“login”) and may only be used by one person. The User is responsible for activity on the site that occurs under their Username and Password. No Photographer or other person is permitted to access the Site using the Usernames or Passwords of any other Photographer, provided that Photographer may permit use of its Username and Password by its employees for the purpose of using the Site on said Photographer’s behalf.
  • You are responsible for keeping your password secure. Dream Album Co. cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  • The Photographer is solely responsible for all activity and content (files, graphics, photos) that is uploaded under your Service account, including the Submitted Materials. Dream Album Co. may take action with such respect to such content or information as it deems necessary or appropriate in its sole discretion if Dream Album Co.  believes such information may give rise to liability to Dream Album Co. or other parties or interfere with or impair Dream Album Co.’s relationship with any customer or photographer.
  • A breach or violation of any of the Account Terms as determined in the sole discretion of Dream Album Co. will result in an immediate termination of your services.

 

Backup of Submitted Materials

THE PHOTGRAPHER IS SOLELY RESPONSIBLE FOR MAINTAINING ADEQUATE BACK-UP COPIES OF THE SUBMITTED MATERIALS AT A LOCATION OTHER THAN THE SITE TO LIMIT THE POTENITAL IMPACT TO PHOTOGRAPHER OF DAMAGE TO OR FAILURE OF THE SITE OR ANY PART THEREOF.

 

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you may become a member of the Service.

 

 

  • Dream Album Co. reserves the right to modify or terminate the Service for any reason, without notice at any time.
  • Dream Album Co. reserves the right to refuse service to anyone for any reason at any time.
  • The Photographer’s use of the Service is at the sole risk of the Photographer. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  • Dream Album Co. does not warrant that the Service will be uninterrupted, or error-free.
  • Dream Album Co. does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  • Technical support is only provided to paying account holders.
  • The User understands that the use of templates not designed by Dream Album Co. are used at the User’s own risk and are in no way guaranteed by Dream Album Co..
  • Dream Album Co. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  • You expressly understands and agrees that in no event shall Dream Album Co., its affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dream Album Co. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of third party goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. In no case shall Dream Album Co. be liable for excess of the amounts paid to the User under this agreement in the six-month period preceding any claim.
  • The failure of Dream Album Co. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Dream Album Co. and govern your use of the Service, superseding any prior agreements between you and Dream Album Co. (including, but not limited to, any prior versions of the Terms of Service).
  • Dream Album Co. reserves the right to assign this User Agreement or any part thereof without restrictions.
  • Questions about the Terms of Service should be sent to the email info@thedreamalbum.com with Terms of Service in the subject line.

 

Modifications to the Service and Prices

  • Dream Album Co. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service site (thedreamalbum.com) or the Service itself.
  • Dream Album Co. shall not be liable to the User or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Payment of Fees & Refunds

  • The total price for your Dream Album Product including shipping and any additional product upgrade (cover style) or a la carte service (i.e.: design, project review, expedited production, etc) is billed in advance of the item being manufactured. Orders are non-refundable once they have been submitted to Dream Album Co..
  • All fees are exclusive of all taxes, levies, or duties imposed by international taxing authorities, and the User shall be responsible for payment of all such taxes, levies, or duties.

 

Entire Agreement

This User Agreement constitutes all the terms and a condition agreed upon between the User and Dream Album Co. and supersedes any prior agreements, whether written or oral.

 

Severability

Should for any reason or to any extent any provision of this User Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this User Agreement and the application of that provision shall be enforced to the extent permitted by law.