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Please read these Terms of Use carefully before using FridayDreaming.com.
The following is a legal agreement between Friday Dreaming, a California sole proprietorship with its office at 1655 Beechwood Drive, Martinez, CA 94553("Friday Dreaming, FridayDreaming.com," "we," "us," or "our") and "you," the user of this Site. You acknowledge that Friday Dreaming shall have the right (but not the obligation) in their sole discretion to refuse any request for a custom project that is made to Friday Dreaming or FridayDreaming.com by any user that violates these terms of service or is otherwise objectionable. You also acknowledge and agree that Friday Dreaming may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process(b) enforce these terms of service(c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FridayDreaming.com, its users and the public. Friday Dreaming and FridayDreaming.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Friday Dreaming, or where expressly permitted. You agree not to use or resell FridayDreaming.com or the services it provides for any commercial purpose, including, but not limited to, sending unsolicited commercial messages. Friday Dreaming shall have the right to revise these Terms at any time by updating this posting, and without individual notice to users. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
TERMS OF USE
Welcome to FridayDreaming.com. Friday Dreaming provides services to you under the following terms of use, which we may update from time to time without notice to you. By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this site.
PRIVACY
At Friday Dreaming, we have a firm commitment to protecting your privacy and security as our customer. We work hard to operate as an organization of honor and integrity and we stand firmly behind your rights and needs as a consumer. We do not share your individual customer contact information with third parties, except for the purposes of setting an order up to be shipped directly to you from our printer. All payment information goes through Paypal, not Friday Dreaming and as such, Friday Dreaming has no access to, storage of or responsibility for credit card information used in purchase transactions with Paypal. We currently do not, nor will we ever, sell our e-mail address list or Internet customer financial or contact information without your express permission.
COPYRIGHT
You should assume that everything you see or read on this site is protected by copyright unless otherwise stated. All of the Products and components of said Products available on the Site are copyright © Friday Dreaming.
RESTRICTIONS ON USE OF MATERIALS
This site is owned by Friday Dreaming (herein referred to as "Friday Dreaming", "we," "us," or "our"). You acknowledge that this site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively called "Content"), which is generally provided by Friday Dreaming. All content included on this site, such as text, graphics, logos, photos, products, is the property of Friday Dreaming or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Friday Dreaming and is protected by U.S. and international copyright laws. You may not download, upload, post, copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, republish, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Friday Dreaming. Modification or use of the materials for any commercial purpose is a violation of copyright and other proprietary rights owned by parties including Friday Dreaming and its affiliates.
USER CONDUCT
You agree that any information you provide to Friday Dreaming is truthful and accurate. You agree to not use FridayDreaming.com to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit or post to or through the site; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify Friday Dreaming and FridayDreaming.com for all claims resulting from content you supply. By submitting Content for custom projects you automatically grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such content.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL FRIDAY DREAMING BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF FRIDAY DREAMING OR A FRIDAY DREAMING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FRIDAY DREAMING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
INDEMNIFICATION
You hereby indemnify, defend and hold harmless Friday Dreaming and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. Friday Dreaming reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDS, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRIDAY DREAMING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FRIDAY DREAMING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRIDAY DREAMING DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FRIDAY DREAMING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
PRODUCT INFORMATION DISCLAIMER
Friday Dreaming uses reasonable efforts to include accurate and up-to-date information on the site. However, Friday Dreaming makes no warranties or representations as to the accuracy of the information and assumes no liability or responsibility for errors or omissions in the contents of the site. It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on FridayDreaming.com may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. Friday Dreaming reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.
UNSOLICITED SUBMISSIONS
Friday Dreaming welcomes comments regarding its products and services. However, Friday Dreaming's policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Friday Dreaming are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Friday Dreaming. None of the Information shall be subject to any obligation of confidentiality on the part of Friday Dreaming and Friday Dreaming shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States. Any information you send to the site including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Friday Dreaming is free to use any ideas, concepts, or techniques contained in any communication you send to the site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using this information.
UPDATES TO TERMS
TERMINATION
This agreement will terminate immediately without notice from Friday Dreaming if in Friday Dreaming's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from Friday Dreaming and FridayDreaming.com and all copies thereof, whether made under the agreement or otherwise.
DISPUTES AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to FridayDreaming.com or to products you purchase through FridayDreaming.com shall be submitted to confidential arbitration in Martinez, California, except that, to the extent you have in any manner violated or threatened to violate Friday Dreaming's intellectual property rights, Friday Dreaming may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Friday Dreaming.
MISCELLANEOUS Friday Dreaming makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Please send your copyright information to: Copyright Agent Friday Dreaming, 1655 Beechwood Drive, Martinez, CA 94553
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
COPYRIGHT AGENT
Friday Dreaming respects the intellectual property of others. 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 contact Friday Dreaming's Copyright Agent and provide the following information: