1. ACCEPTANCE OF DREAMITREEL TERMS.
2. DESCRIPTION OF PROMOTIONAL SERVICE.
The features and price points of DreamItReels offerings are set forth on the packages section of their site and are subject to change at the sole discretion of DreamItReel. In order to utilize the Promotional Service, the user (“You”) will provide video footage (the “Content”) to DreamItReel to be edited by editors working with the Company. You, and not DreamItReel, are entirely responsible for all content that you upload, post, or otherwise transmit using the Promotional Service. You expressly acknowledge and agree that once you submit Your Content and utilize the Promotional Service, it may be posted on the DreamItReel website, on YouTube, and/or on any other video hosting service, at the sole discretion of DreamItReel, unless otherwise stated. As such, You acknowledge that Your Content will be accessible by others, and that there is no confidentiality or privacy with respect to Your Content, including any personally identifying information that you may make available online. If the Promotional Service provides You with the option of limiting the sharing of a particular piece of Your Content at a particular time, DreamItReel will honor the option You have selected for that piece of Your Content at that time, but any such selection shall apply only to that particular piece of Your Content and not more generally to other Content You have submitted using the Promotional Service.
3. PROHIBITED CONTENT AND CONDUCT.
By submitting Your Content, You agree: a. that You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) to Your Content and any other works that You incorporate into Your Content, and You authorize DreamItReel to use Your Content in the manner contemplated in these Additional Terms; b. that You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use such person’s name or likeness in Your Content for use in the manner contemplated in these Additional Terms; and c. not to include in Your Content any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
4. SUBMISSION OF YOUR CONTENT TO DREAMITREEL AND INTELLECTUAL PROPERTY.
You retain ownership to Your Content that You submit using the Promotional Service. You hereby grant DreamItReel a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty- free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, display, modify and create derivative works of any Content or part of any Content you submit and grant sublicenses of the foregoing rights. You hereby represent, warrant and covenant that you have all right, title and interest in and to the Content you make available on the Services and that any Content you submit does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified herein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the DreamItReel site, Promotional Service, other services offered by DreamItReel, or any Content, except as DreamItReel may expressly permit.
You are not required to provide DreamItReel with any feedback or suggestions regarding the Promotional Service or any Content. However, should you provide DreamItReel with comments or suggestions for the modification, correction, improvement or enhancement of the Promotional Service then, subject to the terms and conditions of this Agreement, you hereby grant DreamItReel a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner DreamItReel chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of DreamItReel’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media DreamItReel chooses, but without reference to the source of such comments or suggestions.
Certain types of content may be made available through the Promotional Service, including edited and summarized videos. In addition, the Site may contain blogs and forums to which DreamItReel may allow you, in its sole discretion, to post Content. DreamItReel reserves the right to remove and permanently delete any Content, including any edited or summarized videos of any user, without notice, including without limitation any Content that is in the sole discretion of DreamItReel obscene, abusive, indecent, illegal or may otherwise subject us to public disparagement or scorn. As such, you should take care to preserve the originals of your video. You should have no expectation that any edited or summarized videos will always be available through the Services. Do not rely upon the Site and/or the Application as a storage space for Content.
You acknowledge that DreamItReel has the right to pre-screen any Content submitted by you, but no obligation to do so. At DreamItReel’s sole discretion, any Content submitted by you may be included in the Promotional Service in whole or in part in a modified form. In addition, DreamItReel and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Promotional Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.
DreamItReel may allow you to forward, post, embed or email any Content (or links to such Content). In addition, DreamItReel may provide you with the ability to download or modify any Content. You expressly agree that you shall observe all applicable laws, regulations and rules of other third party internet sites and services in forwarding, embedding or posting such Content, or links to such Content. You shall not forward, or post any Content or links to Content that violates these Terms. You may not embed any Content in any third party site if such third party site contains any content that would violate these Terms. You accept full liability for all Content that you modify, forward or post, including in respect of any third party intellectual property rights or moral rights in such Content. DreamItReel cannot accept any liability in respect of your modifications of any Content. You shall fully indemnify DreamItReel for any breach of the terms set forth in this paragraph.
You hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against DreamItReel with respect thereto, and agree to hold DreamItReel, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding your use of the Promotional Service or your exposure to any Content.
You agree to indemnify and hold harmless DreamItReel, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of and access to the Promotional Service, Your violation of the TOU or these Additional Terms, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations.
6. DREAMITREEL’S RESERVATION OF RIGHTS.
In addition to all other legal remedies available to DreamItReel, You acknowledge that DreamItReel has the right to remove Your Content from the Promotional Service or refuse to include Your Content in the Promotional Service, suspend or terminate Your DreamItReel account or refuse to grant You access to any current or future use of the Promotional Service or any DreamItReel service, with or without warning, if DreamItReel, in its sole discretion, believes You have: (i) violated or tried to violate the rights of DreamItReel or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Additional Terms or any other terms of the TOU.
7. INVALIDITY OF SPECIFIC TERMS.
If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
8. LOCATION OF LAWSUIT.
The TOU, which apply to Your use of the Promotional Service, provide that both You and DreamItReel agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, County of New York.