Dreaming Boy Technology Terms And Conditions (Including Terms of Use)

 

These terms and conditions, together with the Dreaming Boy Technology Privacy Policy, Refund Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Dreaming Boy Technology Network ("Conditions") or by email, letter, verbal or other form of notice govern your use of and access to the Dreaming Boy Technology Network and services supplied by Dreaming Boy Technology.

 

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on Dreaming Boy Technology Network. Your subsequent or continued use of the Dreaming Boy Technology Network will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the Dreaming Boy Technology Network.

 

These terms and conditions of use were last updated on 26 Feb 2010.

 

The Dreaming Boy Technology Network

 

While we use reasonable endeavours to ensure that the Dreaming Boy Technology Network is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Dreaming Boy Technology Network may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

 

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any of our website(s), feature(s) or service(s) (or part thereof) on the Dreaming Boy Technology Network at any time.

 

Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the Dreaming Boy Technology Network at any time without providing notice to you.

 

Membership

 

To access or use certain parts of the Dreaming Boy Technology Network, you must register as a member of the Dreaming Boy Technology Network and/or a particular website that forms part of the Dreaming Boy Technology Network. Generally, registration is free.

 

When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.

 

You must not register as a member multiple times.

 

You must not impersonate or create a membership for any person other than yourself.

 

We may at any time request a form of identification to verify your identity.

 

You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

 

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the Dreaming Boy Technology Network, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

 

Your conduct

 

You must not:

 

(a) use the Dreaming Boy Technology Network in breach of any applicable laws or regulations;

 

(b) use the Dreaming Boy Technology Network (or Material obtained from the Dreaming Boy Technology Network):

 

    * to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";

 

    * to impersonate any person or entity;

 

    * to solicit money, passwords or personal information from any person;

 

    * to harm, abuse, harass, stalk, threaten or otherwise offend others; or

 

    * for any unlawful purpose;

 

(c) use the Dreaming Boy Technology Network to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

 

    * is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;

 

    * contains, promotes, or provides information about unlawful activities or conduct;

 

    * is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

 

    * exploits another person in any manner;

 

    * contains nudity, excessive violence, or sexual acts or references;

 

    * includes an image or personal information of another person or persons unless you have their consent;

 

    * poses or creates a privacy or security risk to any person;

 

    * you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

 

    * contains large amounts of untargeted, unwanted or repetitive content;

 

    * contains restricted or password only access pages, or hidden content;

 

    * contains viruses, or other computer codes, files or programs designed to interrupt, capture information, limit or destroy the functionality of other computer software or hardware;

 

    * advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or

 

    * contains financial, legal, medical or other professional advice;

 

(d) interfere with, disrupt, or create an undue burden on the Dreaming Boy Technology Network;

 

(e) in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Dreaming Boy Technology Network;

 

(f) use the Dreaming Boy Technology Network with the assistance of any automated scripting tool or software;

 

(g) frame or mirror any part of the Dreaming Boy Technology Network without our prior written authorisation;

 

(h) use code or other devices containing any reference to the Dreaming Boy Technology Network to direct other persons to any other web page;

 

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Dreaming Boy Technology Network or cause any other person to do so; or

 

(j) delete any attributions or legal or proprietary notices on the Dreaming Boy Technology Network.

 

Your Material

 

By uploading, transmitting, posting or otherwise making available any Material via the Dreaming Boy Technology Network, you:

 

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;

 

(b) except where expressly stated otherwise, also grant each user of the Dreaming Boy Technology Network a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;

 

(c) warrant that you have the right to grant the abovementioned licences;

 

(d) warrant that the Material does not breach the Conditions; and

 

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

 

We reserve the right (but have no obligation) to:

 

    * review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and

 

    * monitor use of the Dreaming Boy Technology Network, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

 

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Dreaming Boy Technology Network by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Dreaming Boy Technology Network simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

 

It is your responsibility to ensure that the electronic files supplied comply with Dreaming Boy Technology file specifications requirements and that the files supplied are correct and able to be used as soon as they are supplied. Files supplied with incorrect details or errors will be used as they are supplied under the assumption that this is the Customer’s requirement. It is the Customer’s responsibility to ensure that any materials supplied do not breach relevant copyright legislation. Dreaming Boy Technology accepts no responsibility for any copyright issues. No assumptions or judgements are made by Dreaming Boy Technology in relation to the correctness or acceptability of any electronic files supplied to us. Electronic files are used as they are supplied and there will be variations between finished products and the same file used on various proofing devices. Customers must also understand that various monitors will result in colour variations beyond our control. Exact colour matching cannot and will not be provided by Dreaming Boy Technology. Colour variations will occur from job to job and run to run. Please do not order from Dreaming Boy Technology if you require an exact colour match or are uncertain with any aspect of your supplied electronic files. Electronic files must be supplied with each and every order. It is also the Customer’s responsibility to understand the nature of the various media we use and the impact of different finishing options, browsers, and devices used. Dreaming Boy Technolody assumes that you are fully aware of this impact before any orders are placed. Dreaming Boy Technology accepts no responsibility whatsoever for any variations that are a result of use of services by different devices, montiors, browsers or the like. NO REFUNDS OR REPRINTS will be provided for any breaches of your responsibility contained within this clause.

 

You must place a written order setting out full details of all of your requirements, in writing. Dreaming Boy Technology will not be responsible for any mistakes that may be attributable to insufficient or lack of written details. You will be required to pay for such goods ordered by mistake.

 

Dreaming Boy Technology reserves the right to impose minimum order requirements at anytime which may be changed by Dreaming Boy Technology from time to time.

 

No order may be cancelled except with the consent in writing from Dreaming Boy Technology.

 

If the Customer purports to cancel any order, such conduct may be treated as a repudiation of the contract. The Customer shall pay Dreaming Boy Technology all loss, damage, costs and expenses incurred or suffered by Dreaming Boy Technology as a result of such conduct (Minimum $200 cancellation fee regardless of circumstances will be incurred by you).

 

Orders shall not be varied unless the variation is in writing, signed by you and Dreaming Boy Technology. Variations to designs / programming / features or other any other aspect after a proof is approved by you shall be charged to you at an hourly rate, billed in 30 minute blocks in addition to anyand all loss, damage, costs and expenses incurred or suffered by Dreaming Boy Technology (including but not limited to printing, re-printing, re-ordering, re-supply, re-stocking) as a result of the variation or the work incurred to make the variation. Where possible we will supply an estimate of the time required and hourly rate for the variation, which should be used as forecast only. The actual time the task takes to complete may vary from the estimate. The amount of time you will be billed will be based upon the actual time the task took. By requesting a variation after approving the proof you agree to these additional charges and agree to pay them in full. We may waive or charge these fees at our option. Waiving a fee on one or more occasions does not mean we will waive these fees on all occasions and we reserve the right to charge these fees solely at our discretion.

 

Dreaming Boy Technology or the manufacturer of the goods may, without notice, change the range of goods and services or redesign or modify existing goods or services resulting in some goods becoming obsolete or unavailable and Dreaming Boy Technology or the Manufacturer shall not be liable for any loss or damage suffered by the Customer or the Customer’s customers as a result. You undertakes to advise any person or company to whom you sells any goods of this condition.

 

Notifying us

 

If you think that the Dreaming Boy Technology Network has been accessed or used by another user in breach of the Conditions, please email us at support@dbtechnology.com.au. We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.

 

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to support@dbtechnology.com.au.

 

Intellectual Property

 

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the Dreaming Boy Technology Network.

 

Any and all designs, programming work and other intellectual property created for you is owned by Dreaming Boy Technology until such time as full payment for services has been cleared. Upon this time ownership of only those designs and programming work and other intellectual property ordered by you is transferred to you. Ownership of our Intellectual Property and other materials generated alongside the order but not part of the order will remain the property of Dreaming Boy Technology. All third party property will remain the property of that third party.

 

The Dreaming Boy Technology Network contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the Dreaming Boy Technology Network for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

 

In particular, you may not use any Material on the Dreaming Boy Technology Network to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

 

Nothing displayed on the Dreaming Boy Technology Network should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Dreaming Boy Technology Network without the express written consent of the relevant owner.

 

Third party websites, advertising and activities

 

We may feature or display links and pointers to websites operated by third parties on the Dreaming Boy Technology Network. Such websites do not form part of the Dreaming Boy Technology Network and are not under our control. We do not accept any responsibility in connection with any such website. If you follow a link to any such websites, you leave the Dreaming Boy Technology Network entirely at your own risk.

 

The Dreaming Boy Technology Network may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

 

If you contact a third party using functionality provided on the Dreaming Boy Technology Network, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

 

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.

 

Disclaimer

 

You use the Dreaming Boy Technology Network at your sole risk.

 

Except where expressly stated otherwise, Material on the Dreaming Boy Technology Network is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

 

We do not make any representation or warranty that any Material on the Dreaming Boy Technology Network will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

 

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Dreaming Boy Technology Network, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

 

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Dreaming Boy Technology Network in any circumstance.

 

Limitation of liability

 

You use the Dreaming Boy Technology Network at your sole risk.

 

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Dreaming Boy Technology Network that are not expressly set out in the Conditions.

 

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:

 

(a) in the case of services supplied or offered by us:

 

    * (i) the re-supply of those services after full payment has cleared; or

 

    * (ii) the continuation of those services after full payment has cleared

 

(b) in the case of goods supplied or offered by us:

 

    * (i) the replacement of the goods or the supply of equivalent goods by us;

 

    * (ii) the repair of the goods by an authorised party determined by us;

 

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Dreaming Boy Technology Network, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

 

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Dreaming Boy Technology Network.

 

Indemnity

 

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to, Materials supplied by you or conduct in connection with the Dreaming Boy Technology Network, including any breach by you of the Conditions.

 

GST

 

Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Dreaming Boy Technology Network are GST Free while Dreaming Boy Technology is not registered for GST purposes. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.

 

Severability

 

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

 

No waiver

 

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

 

Affirmation regarding age

 

By using the Dreaming Boy Technology Network, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

 

Applicable law

 

These Conditions shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland Courts to determine any matter or dispute which arises under the Conditions.

Late Payments / Partial Payments

If payment is not recieved by us on or before the due date a late payment fee of $35.00 may be charged. Partial Payments or Split Payments recieved before the due date (deposits excepted) may also incurr a $35.00 fee. We may waive or charge these fees at our option. Waiving a fee on one or more occasions does not mean we will waive these fees on all occasions and we may charge you these fees on or after the due date or date of payment.

We may also charge at our option interest of 15% per annum on all outstanding fees and charge and amounts, accured daily on the accumulated amount and charged monthly when full payment has not been recieved by the due date.

Definitions

 

In these terms and conditions:

 

"Conditions" means these terms and conditions, together with the Dreaming Boy Technology Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Dreaming Boy Technology Network.

 

"Dreaming Boy Technology Network" means Dreaming Boy Technology the business and all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device) . For a list of the websites that currently form part of Dreaming Boy Technology Network, visit www.dbtechnology.com.au.

 

"Material" means text, databases, spreadsheets, presentations, illustrations, photos, audio, video, any combination of these or other material.

 

"Us", "me", "I", "we" or "our" means Dreaming Boy Technology (ABN 82 304 488 146) and/or its related businesses and entities.

 

"You", "Customer", "client" refers to you.

 

Google Maps

 

The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html.

 

Other Google Services / Products / Features

 

Other Google services and/or Products and/or Features are made available to you subject to the relevant terms and conditions for each product/service/feature provided by Google. Your use of Google products/services/features is subject to Google's terms and condition, approval, and acceptance. Google may withdraw any of their products/services/features at any time and your use / request of use / continued use of their products/services/features is an acceptance of their terms and conditions. Dreaming Boy Technology will not be liable for re-supplying any product/service/feature that Google disables, removes, rejects, discontinues, abandons or otherwise stop supplying to you.

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