OWNERSHIP

Welcome to the DreamVisionFilms.com web site at www.dreamvisionfilm.com and www.dreamvisionworks.com ("Site"). The Site is owned by Vortexual Dreams Production, Inc. This Site is operated by Vortexual Dreams Production, Inc. and materials on the Site are owned or licensed by Vortexual Dreams Production, Inc., DreamVisionFilm.com or DreamVisionWorks.com. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Vortexual Dreams Production, Inc.

VORTEXUAL DREAMS PRODUCTION, INC. has created this Site for your personal enjoyment, entertainment and education. These Terms and Conditions of Use constitute a legal agreement ("Agreement") between you and VORTEXUAL DREAMS PRODUCTION, INC. regarding the use of the Site, and the provision of materials to VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com both online and offline. Use of the Site and the provision of materials to VORTEXUAL DREAMS PRODUCTION, INC., Dream Vision Films and Dream Vision Works are also governed by the Site's Privacy Statement, and the Program's Application Rules and Requirements and Submitted Materials Release, which are incorporated into this Agreement by this reference. By using the Site and/or providing materials to VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com or DreamVisionWorks.com you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have registered with the Site and submitted an Application ("Application")). The term "User" refers to a Visitor or a Member. You are only authorized to access this Site or to use the materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave this Site immediately.

VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com reserve the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com on the Site. You agree to be bound by any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

ACCESS AND USE

All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of VORTEXUAL DREAMS PRODUCTION, INC. and/or DreamVisionFilm.com and DreamVisionWorks.com or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Vortexual Dreams Production, Inc. in writing at PO Box 32, Ocala, FL 34478 or by email at DVF@dreamvisionfilm.com .

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

CONTENT POSTED ON THE SITE

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials, "blogging/chatting," or engaging in any form of communication in connection with this Site) (collectively "Content") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). You are solely responsible for such Content. Neither VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com accept responsibility whatsoever in connection with or arising from such Content.

Furthermore, you are welcome to submit an Application to VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com as part of the submission process, including providing a Submission Application; short film or video; and related legal releases (collectively "Submitted Material"). If you provide Submitted Materials to VORTEXUAL DREAMS PRODUCTION, INC. DreamVisionFilm.com and DreamVisionWorks.com as part of the film submission, that information will not be publicly available in the Forums or elsewhere until VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com determine in their sole discretion to disclose such materials.

VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com do not endorse and do not have control over the Content submitted by others to Forums. Content submitted to Forums is not necessarily reviewed by VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com prior to posting and does not necessarily reflect the opinions or policies of VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com or DreamVisionWorks.com VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com make no warranties, express or implied, as to such Content and/or Forums or their accuracy and reliability. Nonetheless, VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com reserve the right to prevent you from submitting content to forums and to edit, restrict or remove such content for any reason at any time. VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com may remove any form of cursing contained in the Content with a swear filter application if and to the extent you do not otherwise opt out of such filter.

VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com assume no responsibility for actively monitoring forums for inappropriate content. If, at any time VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com choose, in their sole discretion, to monitor the content and/or forums, VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com nonetheless assume no responsibility for the content and/or forums, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any content to forums. In submitting content to forums, you agree to strictly limit yourself to discussions about the subject matter for which the content and/or forums are intended. You agree that VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com accept no liability whatsoever if they determine to prevent your content from being submitted or if they edit, restrict or remove your content. You also agree to permit any other User of this Site to access, view, store or reproduce the material for that other User's personal use and not to restrict or inhibit the use of the Site by any other person.

You agree to release VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com their respective members, parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of forums. If at any time you are not happy with the forums or object to any material within forums, your sole remedy is to cease using them.

Please refer to the Discussion Policy for additional explanation regarding the posting of Content to Forums.

Please refer to the Application Rules and Requirements for additional explanation of the application process for the Program.

PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE

General. You agree that any Content whatsoever posted by you to the public areas of the Site (excluding blogs) you hereby grant to VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com the non-exclusive, fully paid and royalty-free, perpetual, irrevocable universal license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such content as VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com see fit. You represent and warrant that: (1) you own the content posted by you on the Site, (2) your content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person or entity, and (3) the posting of your content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of any content you post on the Site.

Blogs. By posting any content to the blog areas of the Site, you hereby grant to VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com the non-exclusive, fully paid and royalty-free, perpetual, irrevocable worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such Content. This license will terminate at the time you remove such content from the Site. Notwithstanding the foregoing, a back-up or residual copy of the content posted by you to the blog areas of the Site may remain on VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com servers after you have removed such content from the Site. You represent and warrant that: (1) you own the content posted by you to the blog areas of the Site or otherwise have the right to grant the license set forth in this section, (2) your content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person or entity, and (3) the posting of your content to the blog areas of the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of any content you post to the blog areas of the Site.

PROHIBITED CONTENT AND/OR ACTIVITY

You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending content from the Site and terminating the membership of such violators. Prohibited content includes content that:

  1. contains nudity, excessive violence, or offensive subject matter;
  2. exploits people in a sexual or violent manner;
  3. is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  4. harasses or advocates harassment of another person;
  5. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing;
  6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  7. solicits personal information from anyone under 18;
  8. provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your Member profile;
  9. violates the copyright, trademark or other intellectual property rights of any other person;
  10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
  12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.

The following is a partial list of the kind of activity that is illegal or prohibited on the Site. VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. advertising to, or solicitation of, any Member to buy or sell any products or services through the Site. You may not transmit any chain letters or junk email to other Members. Although VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com cannot monitor the conduct of its members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com reserve the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which the Site deems appropriate in its sole discretion;
  2. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  3. covering or obscuring the banner advertisements on Forums, or any FIM page via HTML/CSS or any other means; or
  4. any automated use of the system;
  5. attempting to impersonate another User or person;
  6. selling or otherwise transferring your profile;
  7. interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the Site.

UNSOLICITED SUBMISSIONS

VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com do not knowingly accept unsolicited submissions (submissions that do not conform with the Program Application Rules and Requirements including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. VORTEXUAL DREAMS PRODUCTION, INC.'s, DreamVisionFilm.com and DreamVisionWorks.com policies are to simply delete any such submission without reading it or forwarding it to other VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com staff. Therefore, any similarity between an unsolicited submission and any elements in any of VORTEXUAL DREAMS PRODUCTION, INC. and/or DreamVisionFilm.com and DreamVisionWorks.com creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

Notwithstanding the foregoing, VORTEXUAL DREAMS PRODUCTION, INC. DreamVisionFilm.com and DreamVisionWorks.com reserve the right to change the foregoing submission policy including, but not limited to, the following:

If unsolicited submissions are sent to VORTEXUAL DREAMS PRODUCTION, INC. or DreamVisionFilm.com and DreamVisionWorks.com via this Site, however, these submissions become the property of VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com and may be used, copied, sublicensed, adapted, transferred, transmitted, distributed, publicly performed, published, displayed or deleted as VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com see fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com and their respective parents or affiliates, relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

LINKED SITES AND ADVERTISING

If you are interested in creating hypertext links to this Site, you must contact VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com at PO Box 32, Ocala, FL 34478 or email at DVF@dreamvisionfilm.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com including their respective employees, agents, directors, officers and shareholders.

If VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com have provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com are connected with, operate or controls these Web sites.

VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com are not responsible for the content or practices of third party web sites that may be linked to this Site and make no representation or warranty regarding such web sites or their content. This Site may also be linked to other web sites operated by companies affiliated or connected with VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement.

VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com take no responsibility for third party advertisements which are posted on this Site, nor do they take any responsibility for the goods or services provided by their advertisers.

DISCLAIMER OF LIABILITY AND WARRANTIES

While VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com do their best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.

The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com DO NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com their respective parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com are not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com are not liable for any damages, including, without limitation, direct, incidental, special, and consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com, their respective parents, affiliates and subsidiaries, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

TERMINATION

VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com reserve the right to immediately terminate your use of, or access to, this Site at any time if VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com decide at their sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com consider to be inappropriate or unacceptable.

COPYRIGHT INFRINGEMENT

If you believe that any material contained in this Site infringes your copyright, you should notify VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com of your copyright infringement claim in accordance with the following procedure.

VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilm.com and DreamVisionWorks.com will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

Leith Taylor
Vortexual Dreams Production, Inc.
PO Box 32
Ocala, FL 34478
ltaylor@dreamvisionworks.com
352-871-4308

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to ltaylor@dreamvisionworks.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

OTHER

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Florida, with venue in Ocala, or, if appropriate, the United States District Court for the Central District of Florida for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

COPYRIGHTS (C) / TRADEMARKS (tm)

VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilms.com, DreamVisionWorks.com. 2007, VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilms.com, DreamVisionWorks.com Audio/visual elements and text 2007, VORTEXUAL DREAMS PRODUCTION, INC., DreamVisionFilms.com, DreamVisionWorks.com Artwork 2007. Use of this Site assumes acceptance of the Terms of Use and Privacy Statement. All materials contained in this Site are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in this Site is expressly prohibited. If you have any questions please send an e-mail to DVF@dreamvisionfilm.com.

 

 

 

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Copyright (c) 2007 DreamVisionFilm.com a website operated by Vortexual Dreams Production, Inc. All rights reserved.
Revised:
04/10/07