Dream Drôme Terms of Service
1. These Terms of Service
1.1 In accordance with the following Terms of Service ('Terms of Servicve'), Dream Drôme Limited and the Dream Drôme Affiliates (defined in Clause 9.1 below) grant to you as an authorised user ('you') of this Dream Drôme web site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations.
1.2 Please read these Terms of Service carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these Terms of Service.
1.3 These Terms of Service should be read in conjunction with Dream Drôme's Privacy Policy. If you are advertising any goods and/or services on our Web Site via the internet, you should read our Advertising Terms. If you are unable to advertise on our Web Site over the internet, you may provide your advertising content to Dream Drôme who will process it and post it on our Web Site. However, in this event separate terms and conditions apply for ordering such advertising services from Dream Drôme off-line (i.e. by faxing or emailing a special order form to Dream Drôme). Please Contact Us. if you are interested in posting such advertisements to the Web Site or use the contact information given on that page.
1.4 If you do not agree with these Terms of Service and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
2. Licence to Use Material on the Web Site
2.1 Dream Drôme grants to you a personal, non-exclusive, non-transferable, free licence to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('Dream Drôme Material') on the basis set out in Clause 2.2.
2.2 You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these Terms of Service) and store the Dream Drôme Material for your own personal, non-commercial use provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other intellectual property rights in the Dream Drôme Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the Dream Drôme Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in the Dream Drôme Material in any form, to any person or entity without the prior written consent of Dream Drôme.
2.3 Any product, process or technology referred to in the Dream Drôme Material may be subject to other intellectual property rights of Dream Drôme and are not made available hereunder.
2.4 Unless Dream Drôme has expressly granted you permission in writing, you may not use the Dream Drôme Material for any purpose other than those set out above. In particular, but without limiting the generality of the foregoing, you may not harvest the Dream Drôme Materials (or any part of them) through the use of any automated retrieval robot, screen scraper or similar technology. If you operate a search engine that uses spidering technology you must obey the robots directives on the Web Site.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, Dream Drôme retains all ownership, title and interest in the intellectual property rights contained in the Dream Drôme Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world.
3.2 Dream Drôme and the Dream Drôme logo are trademarks or registered trademarks of Dream Drôme. All other product names and company logos mentioned in the information, documents or other items provided or available herein may be the trademarks of their respective owners.
4. Duration of Terms of Service and Termination
4.1 These Terms of Service are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:
4.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2;
4.1.2 Dream Drôme terminates these Terms of Service by notice to you at any time in accordance with Clause 9.2; or
4.1.3 you terminate these Terms of Service by notice to Dream Drôme at any time in accordance with Clause 9.1.
4.2 In the event that these Terms of Service are terminated for any of the reasons stated above, you agree to comply with the following obligations:
4.2.1 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the Dream Drôme Material;
4.2.2 you must delete or destroy any of the Dream Drôme Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
4.2.3 you will have no further rights to access or use the Web Site or any of the services provided on the Web Site.
5. Dream Drôme's Responsibilities
5.1 Dream Drôme undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2 The Web Site is provided by Dream Drôme on an "as is" and "as and when available" basis to you. You use the Web Site at your own risk.
5.3 Dream Drôme makes no representation or warranty that the Web Site or services offered via the Web Site will be accessible, or useable by you or error free. Dream Drôme uses reasonable efforts to include accurate and up-to-date information on the Web Site. The information, documents or other items provided or available on this Web Site could include technical inaccuracies or typographical errors. Dream Drôme makes no warranties or representations as to its accuracy. Dream Drôme assumes no liability or responsibility for any errors or omissions in the content on the Web Site.
5.4 Dream Drôme is not an agent for and does not represent those persons, companies and other organisations whose goods or services may be displayed or referred to on the Web Site.
5.5 The advertisements placed on the Web Site by you or any other third party do not constitute any part of an offer or contract. Dream Drôme makes no warranty or representation that the items advertised for sale or for rent via the Web Site are offered:
(i) free of encumbrance, charge or any other unexpired right in the item; or
(ii) that such advertising is a statement or representation of fact.
You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase such item.
5.6 Dream Drôme reserves the right, without notice to you, to remove any Dream Drôme Material from the Web Site or to suspend or alter the operation of the Web Site or any of the services on the Web Site, at its sole discretion or for legal or technical reasons. Dream Drôme will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. Dream Drôme may make improvements and/or changes to the information or documents provided or available on this Web Site at any time.
5.7 Dream Drôme may make available to you information based on the opinion of Dream Drôme or on the opinion of an affiliate of Dream Drôme. You should not rely upon any such opinion as a recommendation by Dream Drôme of the goods or services available of the Web Site. Professional advice should be sought before purchasing or renting any item on the Web Site or before entering into any legally binding agreement.
6. Your Responsibilities
6.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any of the services on the Web Site. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the services on the Web Site using your user name or password.
6.2 You agree that you will not use the Web Site or any of the services on the Web Site as follows:
6.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
6.2.2 to send or distribute multiple unsolicited emails or messages (i.e. 'spam') or to cause any other person annoyance, inconvenience or worry;
6.2.3 for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
6.3 You agree to indemnify Dream Drôme against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or the services on the Web Site in contravention of Clauses 6.1 and 6.2. Further, in these circumstances, Dream Drôme shall be entitled to treat the contravention as a material breach of these Terms of Service and terminate the Terms of Service and any access permission granted to you by Dream Drôme forthwith, without notice to you.
7. Disclaimers
7.1 Information about Dream Drôme and any Dream Drôme Affiliates that is posted on this Web Site has been extracted from publicly available data about Dream Drôme and the relevant Dream Drôme Affiliates, as applicable. Such information contains a true and accurate picture of Dream Drôme's activities as of the date when it was published. While every effort has been made to ensure the accuracy of all information contained on this Web Site and to update it regularly, Dream Drôme disclaims any duty or obligation to update the information herein and any liability for any inaccuracies. You should check to see if more recent information is available.
7.2 Dream Drôme has used its discretion, best judgement and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on this Web Site, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights. Dream Drôme hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by errors or omissions in the information, documents or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause.
7.3 Your use and browsing of the Web Site is at your risk. Neither Dream Drôme nor any other party involved in creating, producing, or delivering the Web Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site.
7.4 Whilst Dream Drôme has used all reasonable efforts in maintaining this Web Site virus free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data, or downtime.
7.5 This Web Site may contain links or references to third party materials and web sites that are controlled and operated by parties other than Dream Drôme. The links will let you leave the Web Site and Dream Drôme is not responsible for any contents of third party materials, any linked site or any link contained in a linked site. The inclusion of any reference or link on the Web Site does not imply endorsement, publication, permission or authorisation by Dream Drôme of the linked site. If you decide to access linked third party web sites or materials, you do so entirely at your own risk. Dream Drôme is providing these links and references only as a convenience. You should read the applicable Terms of Service and Privacy Policy of the linked third party web site before entering into an agreement with or purchasing from the third party, linked to the Web Site.
7.6 Dream Drôme is not and will not be a party to, or responsible for, any transaction concerning items advertised for sale or for rent on the Web Site. All agreements are entered into by you and the third party advertiser and/or third party providing the goods and/or services only.
7.7 The express terms of these Terms of Service are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
8. Notices
8.1 You may send a legal notice to Dream Drôme, or any questions you may have concerning these Terms of Service by e-mail to termsofservice@dremadrome.eu. Such notices will be effective within 3 days of receipt by Dream Drôme.
8.2 Dream Drôme may send you notice by general notice on this Web Site, by email to your email address on record with Dream Drôme, or by post to the geographical address on record with Dream Drôme. Such notice will be effective if sent by email or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by Dream Drôme.
9. General
9.1 In this Privacy Policy, "Dream Drôme Affiliates" shall mean any subsidiary or holding company of Dream Drôme, or any subsidiary of Dream Drôme Ltd, the holding company of Dream Drôme, all as defined of the Companies Act 1985, Dream Drôme Ltd (Company Number 6373062). "Dream Drôme Affiliate" shall mean one of the Dream Drôme Affiliates, as applicable.
9.2 Dream Drôme reserves the right to add to or change the terms of these Terms of Service in its sole discretion without your prior consent. All changes to the Terms of Service will be effective once posted on the Web Site. Dream Drôme will provide notice on the Web Site of any changes to the Terms of Service for 30 days after Dream Drôme has posted the amended Terms of Service on the Web Site. Your continued use of the Web Site or any of Dream Drôme's services available on the Web Site following Dream Drôme's posting of such changes will be regarded by Dream Drôme as acceptance of the amended Terms of Service. If you do not agree to be bound by the amended Terms of Service you should exit the Web Site and not access or use any of Dream Drôme's services on the Web Site in the future.
9.3 No variation or amendment to these Terms of Service by you is valid unless otherwise agreed by Dream Drôme in writing and signed by a duly authorised representative of Dream Drôme and you.
9.4 If any part of these Terms of Service are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms of Service will not be affected.
9.5 Your use of the internet is solely at your risk and subject to all applicable laws, and Dream Drôme has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet. Dream Drôme does not assume any liability for timely, trouble-free and uninterrupted access to the internet.
9.6 These Terms of Service do not affect any consumer rights that you may have under the provisions of any applicable law or regulation.
9.7 These Terms of Service shall be governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts Dream Drôme makes no representation that any information, materials or functions included are appropriate for use in any other jurisdiction. If you access the Web Site you do so on your own initiative and are responsible for compliance with applicable local laws and regulations.
