The Site is website which shows the art of Harry B. Chandler and makes selected works available for purchase (the “Services”). The fulfillment (printing, mounting, framing, packaging and shipping) for such sales may be handled by third-parties contracted with Dream City. Currently, 1000 Museums, a renown printer for major museums, based in the state of Washington, is our fulfillment partner. The orders made on the Site will be sent to 1000 Museums for fulfillment. No charges will be processed on the Site. Additional shipping costs will be added and the opportunity for mounting and framing will be offered.
Additional content (“Content”) on the Site may include, but is not limited to text, user comments, messages, information, data, graphics, reviews, articles, photographs, images, illustrations, video, and software.
Certain portions of the Site may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Site may be subject to prosecution.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Dream City. Dream City reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Dream City may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability.
License and Account
We grant you a limited, non-exclusive and non-transferable license to use the Services as they are provided to you by Dream City, in the manner permitted by this Agreement. In order to use certain features of the Services, you will also be required to register for a Dream City account. You agree to provide only accurate and true information in connection with your account and to update your information as necessary so it is always accurate and current. You may not rent, sell or transfer your account to any third party. You are responsible for keeping your password confidential and for any and all activities that occur under your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services.
Use of Content.
You may view Content within the Services for your own personal, internal use in connection with your use of the Services, in accordance with the normal functionality and restrictions of the Services. We may also provide interactive features that enable you to post or share certain Content in a way that will be accessible to others, in which case you may use such features to post or share such Content, but only in accordance with the normal functionality and restrictions of such features; and such features do not imply any further permission to use any Content in any other manner. Except as expressly permitted in this Agreement, you agree not to reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content for any purpose without express prior written permission from Dream City. Any commercial exploitation of any images or other Content without express prior written permission from Dream City or the applicable rights holder is strictly prohibited.
Dream City respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Dream City will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify Dream City of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of firstname.lastname@example.org include in your notice a detailed description of the alleged Infringement sufficient to enable Dream City to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Services may provide, or third parties may provide, links to other websites or resources. Because Dream City has no control over such sites and resources, you acknowledge and agree that Dream City is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Dream City shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Dream City, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Dream City, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Dream City Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.
Limitation Of Liability
In no event shall Dream City be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100.
Dream City may terminate or suspend any and all Services and/or your Dream City account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Dream City account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Change of Terms
Dream City reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Dream City will notify you by posting an announcement on the site. What constitutes a material change will be determined at Dream City’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Dream City in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Dream City shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Dream City’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Dream City may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the state of California, as if made within the state of California between two residents thereof, and the parties submit to the exclusive jurisdiction of the state of California courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.