1) Definitions

"Australian Consumer Law" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth) .

"Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics, and imagery of the Product, Content, and Materials as well as all copyrights, trademarks, trade secrets, patents, and other intellectual property contained in the Product, Content, and Materials.

"Content" means any content, writing, images, audiovisual content, or other information published on the Product.

"Contract" means these terms and conditions.

"Dispute" means any dispute, controversy, or claim arising out of or in relation to these Terms, including any dispute, controversy, or claim relating to the existence, validity, or termination of these Terms.

"Effective Date" means the date that these Terms come into force.

"Goods" means any or all goods provided by or on the Product.

"Identifying Information" means information provided by You when registering to use the Items, including but not limited to Your name and e-mail address, a user name, and a password.

"Items" means any and all of the Product, Goods, Services, Content, and Materials collectively.

"Materials" means any materials, information, or documentation that We may provide to You in connection with Your use of the Goods or Services or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Services or Product.

"Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively.

"Product" means the website including all pages, all sub pages, all blogs, all forums, all other connected pages, and all other connected internet content whatsoever, the home page or main page of which is located at: dreamingking.com

"Services" means any or all services provided by or on the Product.

"Terms" means these terms and conditions.

"Third Party Goods and Services" means Goods and / or Services sold by third parties via the Product or via Third Party Links.

"Third Party Links" means links or references to websites or applications other than the Product, to content other than the Content, or to materials other than the Materials, none of which are controlled by Us.

"Us" , "We" , "Our" , "the Company" or "the Owner" refers to Dreaming King Productions Pty Ltd.

"Us" , "We" , "Our" , "the Company" or "the Owner" also includes any employees, affiliates, agents, or other representatives of Dreaming King Productions Pty Ltd.

"You" or "Your" refers to the user of the Product.

"Your Content" means any Content posted to or added to the Product, Content, or Materials by You or by somebody authorised by You or doing so on Your behalf.

2) Interpretation

1. In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
1. Words referring to one gender include every other gender.
2. Words referring to a singular number include the plural, and words referring to a plural include the singular.
3. Words referring to a person or persons includes companies, firms, corporations, organisations, and vice versa.
4. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

3) Your agreement and representations

1. By continuing to use the Product and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms, and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.
2. By continuing to use the Product and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.
3. By continuing to use the Product and the Items You represent and warrant to Us that You have complied with all of these Terms.

4) Age restriction

1. In order to use the Items, You must be aged at least 13 years.
2. By using the Items, You represent and warrant that You are aged at least 13 years.
3. We accept no responsibility or liability for any misrepresentation of Your age.

5) Licence to use product, content, and materials

1. We may provide You with certain other Items in connection with Your use of the Product.
2. Subject to these Terms, We grant You a licence to use the Product, Content, and Materials solely in connection with Your use of the Items. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide, and revocable.
3. You may not use the Product, Content, or Materials for any purpose other than in accordance with the licence that is provided under this clause, and this licence to use the Product, Content, and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.

6) Sale of goods / services

1. We may sell Goods or Services or may allow third parties to sell Goods or Services on the Product. If this occurs, then some specific exclusions of liability will apply, as described in the "Exclusion of Liability" clause.
2. Please refer to Our additional terms and conditions for sale of goods and / or terms and conditions for sale of services as applicable.

7) Exclusion of liability

1. The Product, Content, and Materials are provided for general information only and may change at any time without prior notice.
2. You accept and acknowledge that the Items may contain mistakes, errors, and inaccuracies.
3. Your use of the Product, Content, and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content, or other information available through the Product suits Your particular purpose.
4. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Items.
5. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations, or terms (whether express or implied) except for those expressly set out in these Terms.
6. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Items.
7. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business, or any damages which are incidental to or arise from such loss of data or interruption to business.
8. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost, or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.
9. for Goods and / or Services sold by third parties via the Product or via Third Party Links (hereinafter "Third Party Goods and Services"):
1. You acknowledge and agree that We have no control over those Third Party Goods and Services and that You purchase such Third Party Goods and Services at Your own risk.
2. You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of Third Party Goods and Services.
3. For any claim You may have against the third party provider of the Third Party Goods and Services (such as the manufacturer or vendor) You agree to pursue that claim directly with that third party provider of the Third Party Goods and Services and not with Us.
4. To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Goods and Services including any and all warranty and product liability claims.

8) Delivery

1. We may arrange delivery of physical Goods by courier or by Australia Post. We process deliveries promptly upon receipt of full payment.
2. Delivery of physical Goods within Australia may take between seven (7) and twenty one (21) business days, but may take a greater period of time if the Goods are customised for You or due to circumstances beyond our control.
3. Delivery of physical Goods outside of Australia may take between thirty (30) and sixty (60) business days, but may take a greater period of time if the Goods are customised for You or due to circumstances beyond our control.
4. Any digital Goods are delivered immediately. You acknowledge and accept that there are inherent risks with downloading any digital Goods. Please contact Us using the details at the end of these Terms if You experience technical problems regarding delivery of digital Goods.
5. We take no responsibility for Goods that are lost or damaged during delivery.
6. We may choose in Our sole discretion whether or not to replace Goods which are lost or damaged during delivery.
7. Any disputes regarding physical Goods which are lost or damaged during delivery should be directly taken up with the relevant courier company or with Australia Post as applicable.

9) Returns / refunds / repairs

1. We handle returns, refunds, and repairs in accordance with Our obligations under the Australian Consumer Law .
2. If You are seeking a return, refund, or repair, You may contact Us using the details at the end of these Terms. In order for your request to be handled promptly, please provide full details about Your valid reason for return, refund, or repair.

10) Indemnity

You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents, or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.

11) Termination

1. We may immediately terminate these Terms at any time, with or without cause.
2. We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
3. These Terms terminate automatically if we cease to operate the Product for any reason.
4. If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.
5. At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in the "Exclusions of Liability" clause.

12) Other action

1. We reserve the right to take any of the following actions in Our sole discretion:
1. Monitor, review, edit, or delete any Content which You have added, uploaded, or posted to the Product or through the other Items, whether or not You have breached these Terms.
2. Record any correspondence that occurs in public sections of the Product.
3. Review any allegations about breaches of these Terms, and determine in Our sole discretion whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches.
4. Determine in Our sole discretion whether to terminate Your or another Product user's access to any particular section or sections of the Product or other Items.

13) Acceptable use

1. You agree not to use the Product or the Items for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Product or the Items in any way that could damage the Product, the Items, or Our general business.
2. You further agree not to use the Product or the Items:
1. to harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights;
2. to violate any intellectual property rights of Us or of any third party;
3. to upload or otherwise disseminate any computer code or other software that may damage the property of another;
4. to commit any kind of fraud;
5. to engage in or create any unlawful gambling, sweepstakes, or pyramid schemes;
6. to publish or distribute any obscene or defamatory material;
7. to publish or distribute any material that incites violence, hatred, or discrimination towards any person, group, or community;
8. to unlawfully gather information about others.
3. Unauthorised use by You of the Items may be a criminal offence and may give rise to a claim for damages.

14) Variation of terms

1. You hereby acknowledge and agree that these Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Product following any such variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.
2. You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear Your web browser's cache when doing so in order to avoid accessing a prior version of these Terms.
3. In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.

15) Third party links

1. You hereby acknowledge that We may from time to time include links or references to other websites, other content, or other materials (hereinafter "Third Party Links"), none of which are controlled by Us.
2. You hereby acknowledge that these Third Party Links are provided for Your information only and that We do not make any representations, warranties, or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality, or suitability for a particular purpose of these Third Party Links. We do not endorse, approve, or support these Third Party Links. You use the Third Party Links at Your own risk.

16) Affiliate marketing and advertising

1. Through the Product and other Items, We may engage in affiliate marketing whereby We receive a commission on or a percentage of proceeds of sales of Third Party Goods and Services that occur through Our Product and other Items.
2. Through the Product and other Items, We may accept advertising and sponsorships from commercial businesses whereby third parties pay us to advertise on the Product or through Our other Items, or we may receive other forms of advertising compensation.

17) Changes to product

1. You acknowledge and agree that We may, in Our sole discretion, vary, alter, amend, change, or update the Content, Materials, or the Product at any time.
2. You acknowledge, agree, and accept that the Product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
3. You acknowledge, agree, and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.

18) Intellectual property

1. The Items contain intellectual property that is owned by Us and / or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colours, appearance, graphics, and imagery of the Product, Content, Materials, and Goods as well as all copyrights, trademarks, trade secrets, patents, and other intellectual property contained in the Items (hereinafter "Company IP").
2. You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.
3. You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
4. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including but not limited to electronically or via registration of any new trademarks, trade names, service marks, domain names, or Uniform Resource Identifiers (URIs) without express written permission from Us.
5. You hereby acknowledge and agree that by adding, posting, or uploading any Content on the Product (hereinafter "Your Content"), you grant Us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, and transferrable right and licence to use Your Content in any way We choose. This licence includes a right and licence to:
1. reproduce, copy, alter, or make derivate works from Your Content in any way We choose; and
2. display, communicate to the public, broadcast, or transmit Your Content in any way We choose; and
3. authorise any other person, company, or organisation to use Your Content in any way We choose.
6. You represent and warrant to Us that You have all necessary rights to grant the licences and to provide the consents set out in this clause in relation to "Intellectual property".
7. All of the provisions of this clause in relation to "Intellectual property" shall survive any termination of these Terms.

19) User registration

1. You may be asked to register with Us in order to use or access the Items.
2. If You register with Us, You may be asked to provide personal details such as Your name and e-mail address, as well as choosing a user name and a password ("Identifying Information"). This Identifying Information will allow You to access the Items.
3. You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.
4. You agree that You will not share your Identifying Information with any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.
5. You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.
6. You acknowledge that providing false or misleading information, or using the Items to further fraud or unlawful activity is grounds for immediate termination of these Terms.

20) Privacy

1. Through Your use of the Product or other Items, You may provide Us with some of Your personal information. By using the Product or Items, You authorise Us to use Your information in Australia and any other country where We operate.
2. We take Our privacy obligations very seriously.
3. Please refer to Our privacy policy for further information about what information We collect, how We use it and store it, and Your rights in relation to it.

21) Reverse engineering and security

You agree not to:

1. reverse engineer, or attempt to reverse engineer, or disassemble any code or software from or on the Items; and
2. violate the security of the Items through any unauthorised access, circumvention of encryption, or other security tools, data mining, or interference with any host, user, or network.

22) Unsolicited commercial e-mail policy

You are prohibited from using the Items for the purpose of gathering e-mail addresses and / or personal information from people, companies, or other organisations and / or for sending bulk e-mails or unsolicited e-mails.

23) General provisions

1. Australian Consumer Law: You may have certain rights, warranties, guarantees, and remedies under the Australian Consumer Law , which is contained in the Competition and Consumer Act 2010 (Cth) , and these rights, warranties, guarantees, and remedies may not be restricted, modified, or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law .
2. Applicable law: Your use of the Product and the Items is subject to the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.
3. Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:
1. such notice is properly given if given to the other party:
1. by e-mail to an e-mail address that the other party has nominated, acknowledged, or used in connection with the use of the Product or other Items.
2. by facsimile to a facsimile address which the other party has nominated, acknowledged, or used in connection with the use of the Product or other Items.
3. by post to a postal address the other party has nominated, acknowledged, or used in connection with the use of the Product or other Items.
2. such notice is taken to be received:
1. if sent by e-mail, when the e-mail becomes capable of being retrieved by the recipient at the relevant e-mail address.
2. if sent by facsimile, at the time shown of correct and complete transmission to the recipient's facsimile number by the sending machine.
3. if sent by prepaid post within Australia, five (5) business days after the date of posting.
4. if sent by prepaid post to or from an address outside Australia, twenty one (21) business days after the date of posting.
4. No assignment: You must not assign, sub-licence, or otherwise deal in any way with your rights under these Terms without Our prior written consent.
5. Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.
6. No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.
7. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.
8. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.
9. Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise, or replace the terms of any other legal agreements You may have with Us.

24) Contact us

You can contact us about these Terms using the following methods:

Mail
Privacy Officer
Dreaming King Productions Pty Ltd
GPO Box 1579
Brisbane, QLD. 4001. Australia.

e-mail
terms@dreamingking.com