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Welcome to the web site maintained by Dan Crack and presented by Creative Media. They maintain this web site as a service for their client and their fans. By using or accessing the Dream Catcha website, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain information, goods, products or services from the Dream Catcha website.
Parties. Throughout this document, we use the pronouns 'us', 'we', 'our' and other similar pronouns to refer to or reference Creative Media. As noted above, Creative Media provides services for various persons and entities (the "Artists") that are referenced on one or more Sites. For the purpose of this Terms of Use document and the Privacy Policy mentioned herein, the words " Creative Media," and all references to Creative Media, includes Creative Media, Inc., dba Creative Media, its officers, directors, employees, affiliates, and agents as well as all Artists, and their officers, employees, directors, agents, managers, fan clubs, management companies, holding companies, subsidiaries and affiliates and the officers, employees, directors, and agents of each of them.
Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use ("Agreement"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to all the Dream Catcha Site, the information, contents, products or service provided by or through a Dream Catcha Site, and the subject matter of this Agreement. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on the Dream Catcha Site, and you should review this Agreement prior to using any Dream Catcha Site.
Copyright, Trademarks. The content, music, layout, design, graphics, digital conversion and other matters related to the Dream Catcha site is protected under applicable copyrights, trademarks and other proprietary rights, and owned by the owners thereof. The copying, redistribution, use or publication by you of any such matters or any part of the Dream Catcha site, except as allowed below, is strictly prohibited. You do not acquire any ownership rights to any content, document or other materials viewed through the Dream Catcha site. The posting of materials on a Dream Catcha site by us does not constitute a waiver of any rights in such information and materials. The names of the artists, and other product and company names on the Dream Catcha site may be trademarks of their respective owners.
Limited Right to Use. The listening, viewing, printing or downloading of any content, graphic, form or document from the Dream Catcha site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or archived or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (and even then, not for resale or redistribution).
Editing, Deleting, and Modification. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Dream Catcha site.
Indemnification. You agree to indemnify and hold us and our employees, agents, the Artists, our partners, attorneys, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or your use of any Dream Catcha site.
Nontransferable. Your right to use the Dream Catcha site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Disclaimer. THE CONTENT PROVIDED FROM OR THROUGH THE SITE IS PROVIDED AS-IS WITHOUT ANY REPRESENTATION, GUARANTY OR WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. THE INFORMATION AND SERVICES PROVIDED ON THE DREAM CATCHA SITE MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR DAMAGES. THE DISCLAIMER OF WARRANTY AND NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE DREAM CATCHA SITE AND THE CONTENT CONTAINED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH ANY DREAM CATCHA SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limits. You acknowledge that use of the Internet or any Dream Catcha Site is subject to risks. All responsibility or liability for any damages caused by viruses, errors, bugs or anything else contained within the electronic file containing music, a form, document, photo or other information is disclaimed. YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK AND THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Notwithstanding the foregoing, in the event that any disclaimer or waiver is not given effect, our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods or services.
Use of Information. So long as our use of information is consistent with our Privacy Policy, we reserve the right to, and you authorize us to, use (and assign these rights) all information regarding Creative Media uses by you and all information provided by you.
Third Party Services. From time to time we may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and exercise no control over the Merchants' site. Merchants are responsible for all aspects of order procession, fulfilment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of a particular Merchant will apply to you while on such Merchant's site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) the credit card information you supply us is true, correct, and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including all applicable taxes.
Links To Other Web Sites. The Dream Catcha site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Dream Catcha site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Dream Catcha site and access these third party sites, you do so at your own risk.
Submissions. All remarks, ideas, graphics or other information submitted by you to us via the Dream Catcha site will forever become the property of Dream Catcha. If for any reason any rights in any such submissions are not assigned, you hereby grant us a perpetual, irrevocable, fully paid up license to use such submissions for any purpose whatsoever including but not limited to promotional purposes. We will not be required to treat any submission as confidential, and we will not be liable for any ideas and will not incur any liability as a result of any similarities that may appear in our future products or operations. We will be entitled to use your submissions for any commercial or other purpose whatsoever, including posting on the Dream Catcha site or other web site, without compensation or credit to you or any other person. You acknowledge that you are responsible for all material you submit, and that you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You understand that your are responsible for libel, slander or any other tort, for anything to post on our site, and agree to indemnify us for all losses and costs arising out of anything you post on our site. We reserve the right to communicate with registered users at various times through e-mail. In addition to any other rights or remedies available to us, and without any liability to any user of the Dream Catcha site, we in our sole discretion, may terminate or restrict any user's access to the Dream Catcha site, or to Creative Media at any time and without notice.
Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on our site in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, facsimile number, and email address;
(e) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
Mail:
Dream Catcha
PO Box 42 Tuart Hill 6060 Western Australia, Australia
Attn: Copyright Agent
Email: webmaster@dreamcatcha.com
Refund Policy. Dream Catcha is committed to providing prompt and efficient service. If you have ordered tangible products or goods, your order has been carefully packed and inspected, and we hope that you are pleased with the items you selected. Please check the contents of this package immediately against the items listed on the packing list enclosed with your order. Items you ordered that are not listed on your packing list are no longer available.
If your package has been damaged or tampered with in any way, please report this immediately to the agent or carrier that delivered the package to you. You must contact Dream Catcha immediately so we can file a claim within the guidelines of the carrier.
Notify Dream Catcha of any miss-shipments, shortages or defective merchandise within 7 days of receipt of your order. Do this via telephone by calling your regular hotline number and choosing the customer service option. You may also contact us by mail or by email. Please send all e-mail notifications to: management@dreamcatcha.com Please write RETURNS in the subject line of the e-mail.
Subject to the limited exceptions below, if you are not completely satisfied with any items you have purchased, within three weeks you may return the item(s) for a full refund of the original purchase price, excluding shipping and handling charges. The sale of discounted or clearance items and Fan Club memberships is final, and as such, those items are exempt from this return policy. Also, we will not accept the return of merchandise that has been washed, worn or used nor will we accept the return of any compact discs, cassettes or videotapes unless they are defective. In these cases, defective audio-visual items will be replaced only with the same title. Since some titles we offer are limited edition or imports, we cannot guarantee that we will be able to replace your defective item with the same title. In these cases, we will replace that title for another, or credit your account. Personalized merchandise is strictly non-refundable (unless defective).
To take advantage of the above return policy, you must return any items within three weeks of receipt of your order. No returns will be accepted after three weeks.
Dream Catcha is responsible for return shipping costs in the following circumstances ONLY:
the item is defective
the item was damaged during shipment
we sent you a size for an item that was not the size listed on the packing slip
IN ALL CASES:
you must return the item within three weeks
it must be in new condition
you must complete the RETURN FORM
you must also enclose a copy of your packing list (please retain the original for your records)
In any other event, to receive a replacement item, you must include a return shipping fee based on the total cost of items returned for exchange (please see shipping chart). In addition, if you are returning an item for credit or replacement item that does not meet the above criteria, then you also must include a 15% restocking fee (based on the total cost of items returned for exchange).
Items being returned must be sent post-paid insured or via a traceable shipping method of your choice. We will not reimburse costs if you choose to return items by overnight delivery offered by UPS, FedEx, or DHL. We will not accept responsibility for packages sent to us that are lost.
Please send returns to our street address:
Dream Catcha
Dept. Returns
Po Box 42 Tuart Hill
Western Australia 6060 Australia
Thank you again for purchasing from Dream Catcha. If we can be of any other service, please call us at:
Dream Catcha Customer Service
+61 8 9207 1235
Mon-Fri, 10:00 AM - 5:30PM Western Australian Standard Time
Miscellaneous. This Agreement shall be treated as though it were executed and performed in the City of Perth, Western Australia, and shall be governed by and construed in accordance with the laws of Australia and the State of Western Australia (without regard to conflict of law principles). Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. All actions shall be subject to the limitations set forth herein. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement or the Dream Catcha site shall be brought solely in Perth Western Australia. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Dream Catcha site is in conflict or inconsistent with this Agreement, the terms and conditions of this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
PRIVACY POLICY
Our Commitment to Privacy
Our Privacy Policy was developed as an extension of our commitment to combine the highest-quality products and services with the highest level of integrity in dealing with the fans, the Artists and our partners. The Policy is designed to assist you in making informed decisions when using our site and our products and services. This statement will be continuously assessed against new technologies, business practices and our customers' needs.
What Information Do We Collect?
When you visit the Dream Catcha site you may knowingly choose to disclose personal information that is collected on an individual basis. We also collect site use information on an aggregate basis developed as you and others browse the Dream Catcha site.
1. Personal Information You Choose To Provide
Credit Card Information
If you choose to purchase products or services from us, you may need to give personal information and authorization to obtain credit from various credit services. For example, you may need to provide the following information: name, mailing address, email address, credit card number, home and business phone number, and other personal information (i.e., mother's maiden name).
Email Information
In addition, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protection for these electronic communications that we employ in the maintenance of information we received by mail and telephone.
2. Web Site Use Information
Similar to other commercial web sites, the Dream Catcha site may utilize a standard technology called "cookies" and web server logs to collect information about how the Dream Catcha site is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at one or more individual Dream Catcha sites, and the web sites visited just before and just after the Dream Catcha site. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for the purposes of administering our business activities, fulfilling our obligations to customers, providing customer service and making our customers and prospective customers aware of other products and services we offer. Membership lists for a particular fan club, including name, address and email addresses (when accessible) will be made available to the band or Artist for whom we maintain the fan club upon request, and no others. Occasionally, we may also use the information we collect to notify you about important changes to the Dream Catcha site, new services and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under standards designed to safeguard the security and privacy of our customers' personal information. As a customer, you will be given the opportunity, at least once annually, to notify us of your desire not to receive these offers.
What is a Cookie?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a web site. Cookies are small pieces of data that are stored by a user's web browser on the user's hard drive. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with that web site by the same user or to use the information to streamline the user's transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the internet. Cookies should make your online experience easier and more personalized.
How Do We Use Information We Collect from Cookies?
We user web site browser software tools such as cookies and web server logs to gather information about our web site users' browsing activities, in order to constantly improve the Dream Catcha site and better serve our customers and clients. This information assists us to design and arrange our web pages in the most user-friendly manner and to continually improve our web site to better meet the needs of our customers and prospective customers.
Cookies help us collect important business and technical statistics. The information in the cookies let us trace the paths followed by users to The Dream Catcha site as they move from one page to another. Web server logs allow us to count how many people visit The Dream Catcha site and evaluate our visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you although they would permit us to send focused online banner advertisements or other such responses to you.
Sharing Information with Affiliates
Although we do not do this at present, from time to time we may provide the opportunity for outside companies to advertise products or services we think would be of interest to customers on the Dream Catcha site. We will take measures to select product and service providers that are responsible and afford privacy protections to their customers. However, we cannot make any representations about the practices and policies of these companies. We will not share personally identifiable information with such outside companies.
Sharing Information with Strategic Partners
We may enter into strategic alliances or partnerships with third parties who may be given access to personal information including name, address, telephone number and email for the purpose of providing you information regarding products and services that we think will be of interest to you. In connection with strategic marketing alliance or partnerships, we will retain all ownership rights to the information, and we will not share information regarding your credit card number or any other personal financial data.
Notice of New Services and Changes
Occasionally, we may also use the information we collect to notify you about important changes to our Site, new services and special offers we think you will find valuable. As our client, you will be given the opportunity to notify us of your desire not to receive these offers by following instruction contained in the email.
How Do We Protect Your Information?
Information Security. We utilize encryption/security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information.
Employee Access, Training and Expectations. Our corporate values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions.
How Can You Access and Correct Your Information? You may request access to all your personally identifiable information that we collect online and maintain in our databases by emailing webmaster@dreamcatcha.com
Do We Disclose Information to Outside Parties? We may provide aggregate information about our customers, sales, web site traffic patterns and related web site information to an affiliate or reputable third parties, but this information will not include personally identifying data, except as otherwise provided in this Privacy Policy.
What About Legally Compelled Disclosure of Information? We may disclose information when we, in good faith, believe that the law requires it or for the protection of our legal rights.
What About Other Web Sites Linked to Our Web Site?
We are not responsible for the practices employed by web sites linked to or from the Dream Catcha site nor the information or content contained therein. Often links to other web sites are provided solely as pointers to information on topics that may be useful to the user of our The Dream Catcha site.
Please remember that when you use a link to go from the Dream Catcha site to another web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other web site, including web sites, which have a link on the Dream Catcha site, is subject to that web site's own rules and policies. Please read over those rules and policies before proceeding.
Your Consent
By using our Site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on the Dream Catcha site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.
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