Last Updated: Mar 7, 2023
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Jreamit Marketing Agency, Inc. (“Company,” “we” or “us”).
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.USE OF THE WEBSITE
To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and any resources provided on or available for download from the Website are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided.
The Company reserves the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.USE OF FREE DOWNLOADABLE CONTENT
The Company may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.
By accessing or downloading the Gated Content, you agree that the Gated Content you may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.
By accessing downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content and you shall not offer any competing products or services based upon any information contained in the Gated Content.MATERIAL YOU SUBMIT TO THE WEBSITE
By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you are granting the Company, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
We claim no intellectual property rights over the Submissions you supply to the Company. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.
You shall not upload, post, submit, input or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.
For all Submissions submitted by you to the Website, you automatically represent or warrant that you own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from Submissions you submit through the Website.
You further you grant us the right to use your Submission for the purpose of improving our Website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to the Company or to our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.
As a condition of your use of the Website, you warrant to the Company that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.
The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual use and will make no other use of the Content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.CHANGED TERMS
While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our website and related information and services on an “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABE THROUGH THE WEBSITE.
ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.AVAILABILITY
Your use of the Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted or delayed for any reason.MALICIOUS CODE
Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.SECURITY
The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access of this Website or any outbound hyperlinks.THIRD PARTY RESOURCES
The Website contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Company may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.ENTIRE AGREEMENT; WAIVER
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended usage contact us at email@example.com.CONTACT INFORMATION
The owner of this website is Jreamit Marketing Agency, Inc. You may contact us by phone at (407) 476-7876 or by email at firstname.lastname@example.org. COURSES & WORKSHOPS
By purchasing the workshops and/or courses, you agree to be bound by the following terms and conditions:
- Eligibility. You must be at least 18 years of age to participate in the workshops and/or courses,. If you are under 18, you must have the permission of a parent or legal guardian to participate.
- Content. The workshops and/or course content is intended for educational and informational purposes only. The instructor will make a reasonable effort to ensure that the information provided is accurate and up-to-date, but makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the workshops and/or course content or the information, products, services, or related graphics contained in the workshops and/or courses for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- Community Guidelines. As a participant in the community aspect of the workshops and/or courses, you are expected to follow the community guidelines, which will be provided to you in the workshops and/or courses. These guidelines are designed to create a safe and respectful environment for all participants. If you violate the community guidelines, your participation in the workshops and/or courses may be suspended or terminated.
- Intellectual Property. All content provided as part of the workshops and/or courses, including but not limited to text, images, video, and audio, is the property of the instructor or its licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not use any of the workshops and/or course content for commercial purposes without the express written consent of the instructor.
- Refund Policy. We do not offer refunds for the workshops and/or courses once you have begun accessing the content. If you have any questions or concerns, please contact us prior to purchasing the workshops and/or courses.
- Limitation of Liability. The instructor shall not be liable for any damages whatsoever, including but not limited to direct, indirect, special, punitive, or consequential damages, arising out of or in connection with your access to, or use of, the workshops and/or course content or the community aspect of the workshops and/or courses.
- Governing Law. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.
Changes to the Terms and Conditions. The instructor reserves the right to make changes to these terms and conditions at any time, and your continued participation in the workshops and/or courses after any changes have been made constitutes your acceptance of the new terms and conditions.VIP DESIGN DAYS
By purchasing this service, you ("Client") agree to retain Jennifer Cerna of Jreamit Marketing Agency Inc. ("Service Provider") to proceed with branding and/or design services for a design intensive, packaged under Design Days, and agree to the terms and conditions as set forth in this Agreement.
During this intensive, Service Provider agrees to devote up to 6 hours on assignments to be determined by Client, as well as 1 hour for a pre-intensive strategy call, 1 hour for post-intensive "fix" support, and 30 days of post-intensive email and messaging support. Work will be performed at the offices of Service Provider, but occasionally may take place at other locations, as required. Work priority and scheduling will be at the discretion of Client. Work will normally occur between the hours of 10am - 5pm ET on business weekdays, with an hour break for lunch.
During the 30 days of post-intensive support, the Client will be able to email or message Service Provider with any questions or concerns about the work that was performed during the intensive, and will receive a reply via email, message, or video tutorials. This support does not cover additional design or website work that exceeds what was done during the intensive. If the Client has additional work that needs to be performed, Client will have the option to book another day or a half-day intensive.
Payment for these services will be to Service Provider at the rate of $1,000 and will be due at the time of booking this appointment. Client may choose to alternatively pay a 50% deposit, and pay the balance within 24 hours of the appointment date.
Design services in addition to the intensive will be made available by Service Provider at the current daily or half-date rate, and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are: stock images, premium font licenses, and 3rd party application services.
The results of any and all work performed by Service Provider for Client, including original creative work, will remain the property of the Client. Client may use this material in any way deemed appropriate.
Client understands that any written statements, images, audio recordings, or video recordings of Client while participating in the intensive and made on behalf of the Service Provider may be used in connection with publicizing and promoting the Service Provider. Client authorizes the Service Provider to use their name, brief biographical information, and the written or recorded statements.
This purchase is non-refundable, but may be transferred to another date or service with 7-days prior written notice. The Client's deposit is valid for 90 days, and must be used within that timeframe. In the event the intensive fails to occur within 90 days, or the Client fails to request a new date at least 7 days prior to their booked appointment, the deposit will be forfeited, and the intensive will be terminated. If the Client wishes to reschedule beyond 90 days, the original deposit may, at the Service Providers discretion, be applied to a new booking at the current intensive rate, which may or may not be higher than the original booking rate.INTELLECTUAL PROPERTY OWNERSHIP
- As used in this Agreement, “Work Product” shall mean all data, materials, documentation, computer programs, inventions (whether or not patentable), patents, ideas, discoveries, products, designs, business methods, pictures, audio, artistic works, and all works of authorship, including all worldwide rights therein under patent, trademark, copyright, trade secret, confidential information, or other property right, created or developed, in whole or in part, by Service Provider while retained by Client, and within the scope of Service Provider's retention by Client, whether or not developed during work hours.
- Service Provider hereby assigns the sole and exclusive right, title and interest in and to the Work Product to Client. Client shall have the right to and hold in Client’s name patents, trademarks, copyrights, registrations, and any other protection available in the Work Product.
- Notwithstanding the foregoing, this Agreement shall not require the assignment of any inventions (i) that Service Provider developed entirely on Service Provider's own time without using any of Client’s equipment, supplies, facilities, or Confidential Information, and (ii) that do not relate to Client’s business or actual or anticipated research or development or result from any work performed by Service Provider for Client.
- At any time upon request by Client, Service Provider shall promptly disclose to Client in writing all Work Product conveyed, developed, conceived, created or made by Service Provider, individually or jointly, that relates in any way to the business conducted by Client.
- To the extent any intellectual property developed or known by Service Provider prior to the Effective Date of this Agreement is contained in any Work Product that Service Provider delivers to Client or to Client’s Customers, Service Provider represents and warrants that it has ownership in, or the right to use, such preexisting intellectual property and grants to Client an irrevocable, nonexclusive, worldwide, royalty-free license to (i) use and distribute, internally and externally, copies of, and prepare derivative works based upon, such preexisting intellectual property materials, and (ii) authorize others to do the same, provided such distribution complies with the non-disclosure clause below.
As a participant in the DayJream community, you are expected to follow the community guidelines, listed below. These guidelines are designed to create a safe and respectful environment for all participants. If you violate the community guidelines, your participation in this community may be suspended or terminated.
- Be Kind and Respectful. This is a positive group created to support and empower each other. No hate speech, bullying, or disrespectful behavior of any kind will be tolerated.
- Stay On Topic. Keep discussions and posts relevant to the provided content and community. Avoid off-topic conversations or personal attacks.
- Be Professional. Represent yourself and your business in a responsible and respectful way.
- No Spamming. Do not post irrelevant or repetitive content or messages. This includes, but is not limited to, advertisements, promotions, or links to external websites unless specified or given permission.
- Protect Your Privacy. Do not share personal information about yourself or others in the community, including but not limited to phone numbers, email addresses, and physical addresses.
- Respect Confidentiality. Do not share any confidential or proprietary information about the community, content, or its participants, including but not limited to intellectual property, trade secrets, and business plans.
- No Plagiarism. Use your own words when creating posts or contributing to discussions.
- Be Helpful. Be willing to help others, answer questions, and provide guidance and support when possible.
- Be Open-Minded. Be open to different perspectives and ideas, and be willing to learn from others.
- Report Any Violations. If you see a post or message that violates these guidelines, please report it to the moderator.
- Use of Community Content. By participating in the community, you agree that any content you create or contribute may be used by us to promote the community and our business. This includes, but is not limited to, sharing your posts or comments on our website or social media channels, including your content in email newsletters, and using your content in promotional materials. We will always credit you as the author of the content and seek your permission before using any content in a way that could identify you personally. By contributing to the community, you acknowledge that your content may be shared beyond the community and may be accessible to a wider audience. If you do not wish to have your personal information shared in connection with your content, please let us know and we will make every reasonable effort to remove or anonymize it before using the content for promotional purposes.