Please carefully review these Terms of Service (“Terms”) as they govern your use of the dreambackgrounds.com website “Site” or service (collectively, the “Services”)
Acceptance of Terms
By accessing the Site and viewing and or downloading materials provided you agree to and are bound by the Terms and conditions set forth below and in any modified or additional Terms that Dreambackgrounds may publish from time to time (collectively, the “Terms”). If you do not agree to all of the Terms and conditions contained in the Terms, you are not permitted to access or use material provided by this Site. Subject to these Terms, you may access and use the Services only for your own personal and commercial use.
DreamBackgrounds may change these Terms from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms” link on the home page of dreambackgrounds.com to view the then-current terms. If you breach any of the Terms, your license to access or use this Site shall automatically terminate.
Intellectual Property; Limited User License
You are authorized to view and download the specifically offered for download video file contents in accordance with the Terms and licenses assigned individually to such individual pieces of content. Items that are not explicitly offered and licensed for download or duplication within this Site, including all text, images, design, illustrations, photographs, audio and video material, graphic material, artwork, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site are the property of the Site or Third Party providers and are subject to separate copyright protection.
Subject to your compliance with these Terms, any applicable license agreement with DreamBackgrounds, and the law, you may access and use the Site. DreamBackgrounds remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms. DreamBackgrounds may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, at the sole discretion of DreamBackgrounds. The Site is provided on an “as available” and “as is” basis.
Dreambackgrounds provides licensing information for each downloadable file that is intentionally provided according to the original license specified by the original author or source of the video. When you download a video file you agree to retain all licensing information related to that downloaded video and fully honour all terms specified within the corresponding license. This includes the providing of full attribution however the video file is used as required by the corresponding license. Licensing information corresponding to each downloadable file can be found where the video file is explicitly offered for download on the front-facing video page of the Site. If licensing information directly corresponding to the downloadable file is not visible or not made available however due to intention or error, it shall be deemed that the video file is not licensed for download or reuse however otherwise the download is regarded by other information within the Site. For details about the various licences used for downloadable files, please see https://dreambackgrounds.com/licenses.
In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The technology and software underlying the Service or distributed in connection therewith is the property of DreamBackgrounds and our licensors, affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. Any rights not expressly granted herein are reserved by DreamBackgrounds.
Large scale copying of Content is prohibited except as expressly authorized by DreamBackgrounds. This applies to all Content, including Content made available as part of the public domain. The Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.
Uploading Files to DreamBackgrounds
By uploading, providing or by making a video clip or other downloadable file (collectively referred to as “File”) available for use by DreamBackgrounds, you warrant that you own all proprietary rights regarding the to the File as well as any included audio or other material within the File. You also agree to allow visitors of the Site to download and use the File(s) as per the terms of the license that you agree shall be assigned to the File at the first initial time of providing the File to Dreambackgrounds. DreamBackgrounds will not be liable for any legal repercussions as the result of you uploading or providing your File(s). Furthermore, you acknowledge that DreamBackgrounds does not permit the upload of any File(s) that may infringe on any copyright, property right, trademark, or any other applicable right. You accept that DreamBackgrounds cannot be held responsible for the misuse or abuse of any File or Content. When you provide a File to DreamBackgrounds you acknowledge and agree that you will accept the all responsibility for any and all legal repercussions including copyright infringement for any File that you in any way make available to DreamBackgrounds.
DreamBackgrounds reserves the right to remove any File(s) or content at any time if we believe it’s defective, below current or future quality standards, does not meet all intended specifications or use as determined at anytime by DreamBackgrounds, or is in violation of these Terms. DreamBackgrounds reserves the right to moderate and remove any File for any reason at any time without notice.
DreamBackgrounds respects property rights. If you believe that Content on the Site infringes on your copyright, please contact us at firstname.lastname@example.org.
For the purposes of these Terms, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by DreamBackgrounds.
The look and feel of the DreamBackgrounds website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of DreamBackgrounds and may not be copied, imitated or used, in whole or in part, without the prior written consent of DreamBackgrounds.
You agree that you will not use DreamBackgrounds Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or DreamBackgrounds.
You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of DreamBackgrounds Trademarks or the Trademark rights claimed by DreamBackgrounds.
You agree that you will not use any DreamBackgrounds Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without DreamBackgrounds prior written consent any word or mark which is similar to or likely to be confused with DreamBackgrounds Trademarks
All other trademarks, product names, and company names or logos used or appearing on the DreamBackgrounds website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DreamBackgrounds, unless expressly so stated.
You may not frame any part or hotlink to the DreamBackgrounds website or any Image or Video without the prior written consent of DreamBackgrounds.
DreamBackgrounds may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or DreamBackgrounds Content at any time in DreamBackgrounds’ discretion, without prior notice or liability to you. Any conduct by you that, in DreamBackgrounds’ sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
The DreamBackgrounds parties do not warrant: (1) that the services, any of the services’ functions or any content or software contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that the services or the servers hosting them are free of viruses or other harmful code; or (4) that the services or information available through the services will continue to be available. The DreamBackgrounds parties disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the services, are provided “as is,” “as available,” and “with all faults.”
You agree to defend, indemnify and hold harmless DreamBackgrounds, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Terms or of any representation or warranty contained herein, your unauthorized use of the DreamBackgrounds Content, or your violation of any rights of another.
If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable by either party. To the extent any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overly broad or overly restrictive or for any other reason, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this paragraph is reasonable and necessary to assure that the intent of the parties is carried out.
Any dispute regarding this Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties agree to accept the exclusive jurisdiction of the Courts in the Province of Ontario, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. You agree that this Agreement, as well as any other documents shall be written in the English language. In any dispute between DreamBackgrounds and you, DreamBackgrounds shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.
©DreamBackgrounds 2018. All rights reserved.
Last Revision Feb 22 2018