YUMEWORX LLC
WEBSITE TERMS OF USE

LAST UPDATED: September 19, 2022

These Terms of Use, including any additional terms and conditions referenced herein or presented elsewhere on the Site (defined below), generally or in relation to a specific service or feature (collectively, the “Terms” and/or “Agreement”), and the Privacy Policy, set forth the terms and conditions that apply to your use of the Site. YumeWorx LLC (“YumeWorx”), is the owner of the website [URL], all rights therein and associated therewith, including, but not limited to, the copyrights and trademarks (hereinafter, the “Site”).

Your access to the Site is subject to these Terms, and by using the Site, you agree to follow and be bound by the Terms, and further agree to comply with all applicable laws and regulations, including United States and Florida laws. In these Terms, the words “you” and “your” refer to each customer, Site visitor, or user. “We,” “us,” and “our” refers to YumeWorx. “Services” refers to all services provided by us on the Site, including YumeWorx’s software as a service (“SaaS”) incorporated therein.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY CAPABLE OF ENTERING INTO A CONTRACT. Minors are not eligible to use the Site without the supervision of a legal guardian and we ask that they do not submit any personal information to us. You acknowledge that we reserve the right to refuse service to anyone and to cancel user access at any time.

Scope of Services: We offer, through the Site, custom and/or proprietary artwork on a print-on-demand basis (the “Services”). To use the Service, you must complete an online sign-up flow, which identifies the Services, any different or additional terms, and the fees payable by you to YumeWorx for the Services. You are only entitled to use the Services for which you have paid, and your use of the Services is subject to your compliance with these Terms. We reserve the right to suspend or modify the Services (or any part thereof) from time to time and we are not liable to you or to any third party for any such suspension or modification of the Services.

You may use additional Services, including any new value-added services made available by YumeWorx from time to time, by executing an order form or completing an additional online sign-up flow, as applicable. Each new sign-up flow will include the price and billing date of the Services being added at that time. All new Services are subject to these Terms.

Sizing and Configuration: You are solely responsible for determining the appropriate size and configuration of the artwork to be printed. In the event you request we provide assistance in the set-up or configuration of the artwork, we make no representations or warranties with respect to any changes we may make or work we may perform on your behalf and at your request.

Changes to Terms: It is your responsibility to review the Terms periodically. If you do not agree to the Terms, do not use this Site. We may modify these Terms at any time without notice to you, and such modifications, additions, or deletions shall be effective immediately upon posting.

Changes to Site: We may change or discontinue any aspect, service, or feature of the Site, including, but not limited to, the content, availability, and equipment needed to access or use the Site, at any time and without notice. If you have any questions about these Terms, please contact us.

Authorized Use: Subject to (i) your timely payment of all fees set forth in the online sign-up flow and (ii) your compliance with these Terms, we authorize you, on a non-exclusive, non-transferable, and limited basis, to use (and permit your authorized users to use) the Services in accordance with these Terms.

Authorized Users: During your use of the Site, it shall be solely your responsibility to maintain the confidentiality of your (and your authorized users’) e-mail addresses, passwords, and any other account identifiers related to any personal account you created on the Site (the “Account”), and for restricting access to other users, computers, or devices. You also agree to accept sole responsibility for any and all activity that occurs under your Account. You (i) are responsible for your authorized users’ compliance with these Terms, and (ii) will use commercially reasonable efforts to prevent unauthorized access to or use of the Services. If the authorized status of a user changes, it is your responsibility to promptly remove such user’s access to the Services. Third parties that compete directly with us are not permitted to access or use the Services or any application programming interface we may make available to you. We reserve the right to disable or delete access to the Services and any application programming interface for any of your authorized users that we deem to be direct competitors, as determined in our sole discretion.

Your Responsibilities; Use of the Services in Compliance with Laws: The Services may contain various tools that assist you in customizing the artwork to be printed. Such activities can be highly regulated, and while we assist you in carrying out such activities, you are solely responsible for ensuring compliance with U.S. and International Copyright Laws, and all other applicable laws and regulations. You are responsible for all activities that occur under your account or by your authorized users. Without limiting the foregoing, you will (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data that you submit to the Services; (ii) use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify us immediately of any unauthorized use or security breach; (iii) comply with all applicable local, state, federal, and international laws (including, without limitation, laws regarding intellectual property rights (such as U.S. copyright laws), privacy laws, and protection of personal or consumer information) in using the Services; and (iv) obtain and maintain all computer hardware, software and communications equipment needed to access the Services and pay all access charges (e.g., ISP fees) incurred by you in connection with your use of the Services. Any unauthorized use of the Site or the Services is expressly prohibited.

Restrictions on Use: You may not, and you will ensure your authorized users do not, (i) disassemble, reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Services, or modify, adapt, create derivate works based upon, or translate the Services; (ii) license, sublicense, sell, rent, assign, distribute, time share transfer, lease, loan, resell for profit, distribute, or otherwise commercially exploit, grant rights in or make the Services or any content offered therein available to any third party; (iii) use the Services except as expressly authorized under these Terms or in violation of any applicable laws; (iv) engage in any illegal or deceptive trade practices with respect to the Services; (v) circumvent or disable any security or other technical features or measures of the Services or any other aspect of the Site or, in any manner, attempt to gain unauthorized access to the Services or its related computer systems or networks; (vi) use the Services to transmit infringing, libelous, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, or to store or transmit material in violation of third-party privacy rights; (vii) use the Services to store or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs or to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (viii) interfere with or disrupt the integrity or performance of the Services or third- party data contained therein; (ix) use any robot, spider, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services; or (x) reformat or frame any portion of the Services. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in YumeWorx’s sole discretion, an unreasonable or disproportionately large load on YumeWorx’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or the Services; (iii) alter or modify any part of the website; (iv) bypass any measures YumeWorx may use to prevent or restrict access to the Site, the Services, other accounts, or computer systems or networks connected to the Site; or (v) interfere with any other user’s use of the Site, including, without limitation, accessing an account of a YumeWorx user that is not yours.

Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the Site for the sole purpose of creating publicly available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.

Reservation of Rights: No other rights are granted except as expressly stated in these Terms, and nothing herein conveys any rights or ownership or license in, or to, the Site, the Services, or any underlying software or intellectual property. We own all right, title, and interest, including all intellectual property rights, in and to the Site, the Services, and the underlying software, and any and all updates, upgrades, modifications, enhancements, improvements, or derivative works thereof, and in any idea, know-how, and/or program(s) developed by us or our authorized users during the course of performance of the Services. YumeWorx reserves the right to refuse service or access to the Site or the Services to any person, entity, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis and in our sole discretion. We reserve the right to discontinue any product or Service at any time. 

Monitoring: Although we have no obligation to monitor your use of the Services, we may do so at our discretion and may prohibit any use of the Services we believe may be (or is alleged to be) in violation of these Terms or to satisfy any law, regulation, or authorized government request. We may, without notice, share personally identifiable information in response to a law enforcement agency’s request, or where we deem, in our sole discretion, that it is necessary or otherwise required by law.

Ownership: This Site, the Services, the pre-existing artwork sold on the Site, and any underlying intellectual property are owned and operated by YumeWorx. Aside from third-party licensed content, all rights, title, and interest in and to the materials provided on this Site, including, but not limited to, information, documents, logos, graphics, sounds, images, audio-visual works, characters, and the intellectual property rights therein, including, without limitation, copyright and trademark (the “Materials”) are owned by us. “YumeWorx” and the YumeWorx logo are trademarks and are the exclusive property of YumeWorx. Except as otherwise expressly provided herein, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein are reserved by us.

Third-Party Content: The Site or the Services may contain links to websites controlled by third parties. We have no control over the content of any third-party site, and these Terms do not govern your use of any such third-party site. Additionally, the Site may reference products, services, or other information by trade name, trademark, or otherwise, and such reference shall not be construed as an endorsement, sponsorship, or recommendation of or by such third parties unless expressly stated to the contrary.

Submissions: We are pleased to hear from our visitors and welcome your comments regarding our services. However, please be advised that all material is received on a non-confidential basis. While we do value your feedback, we request that you be specific in your comments and not submit any ideas, suggestions, or materials (unless specifically requested by us). If you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (individually and collectively, "Submissions"), you hereby grant us a non-exclusive, perpetual, worldwide, royalty- free right, but not the obligation, to use the same. We may already be exploring concepts and ideas generated by employees or other outside sources that resemble the Submissions. We may have similar or identical ideas that may have been generated independently. Therefore, you hereby waive any claim that we misappropriated any ideas or portions of the Submissions in any current or future productions or endeavors.

DISCLAIMER OF WARRANTY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE SERVICES, AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR SaaS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.

WE MAKE NO WARRANTY THAT: (A) THE SITE, SERVICES, OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES, OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, OR IN RELIANCE ON THE MATERIALS OR SERVICES, WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS OR SERVICES THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WE AND/OR OUR OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COST OF SUBSTITUTE GOODS OR SERVICES, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

Indemnification: You agree to defend, indemnify, and hold us harmless from and against any and all claims and expenses, including, but not limited to, attorneys’ fees and court costs, that arise out of or are related to your use of the Site or the Services.

Interpretation: These Terms were written in English (U.S.). To the extent any translated version of this Agreement conflicts with the English version, the English version controls. Headings are provided for convenience only and do not modify these Terms. All references to the singular shall be construed to include the plural and vice versa. All references to any gender shall be construed to include other genders and neutral gender.

Privacy: Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use the Site and how we collect and can use the content and information you share with us. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

Mobile and Other Devices: Be aware that your carrier's normal rates and fees, such as data charges, will apply to use of the Site on mobile devices such as cellphones and tablets.

Termination: If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, or for any or no reason whatsoever, we can stop providing all or part of the Site and/or Services to you.

Disputes: You will resolve any claim, cause of action, or dispute you have with us arising out of or relating to these Terms or the Site exclusively in the U.S. District Court for the Middle District of Florida or a state court located in Orange County, Florida, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Florida will govern these Terms, as well as any other claim that might arise between you and us, without regard to conflict of law provisions.

Miscellaneous: The Terms and Privacy Policy constitute the entire agreement between you and us and supersedes all previous written or verbal agreements between you and us with respect to the subject matter herein. If any portion of these Terms is found to be unenforceable, the remaining portions will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. These Terms shall be deemed a joint work product of you and us and may not be construed against either party by reason of its/his/her preparation or word processing. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. The section headings contained herein are for convenience only and shall not impact the meaning or effect on the content of the Terms.

If you access the Site from outside the United States, you accept full responsibility for compliance with local laws.

Any amendment to or waiver of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our written consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in these Terms shall prevent us from complying with the law.

These Terms do not confer any third-party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing the Site.

DMCA Policy

YumeWorx respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, YumeWorx will respond expeditiously to claims of copyright infringement committed using YumeWorx’s services and/or the YUMEWORX website (the “Site”) if such claims are reported to YumeWorx’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to YumeWorx’s Designated Copyright Agent. Upon receipt of Notice as described below, YumeWorx will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to YumeWorx’s Designated Copyright Agent: YumeWorx LLC, Attn: Copyright Agent,1255 Belle ave Unit 129, Winter Springs, FL 32708; or via email to: Admin@YumeWorx.com