Terms & Conditions of Pure Dream Builder

These Terms govern the use of Pure Dream Builder and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.


The User must read this document carefully.


Pure Dream Builder is provided by:


Timeless Time Productions, LLC

2222 W. Grand River Ave., STE A

Okemos , MI 48864


Owner contact email:

[email protected]




  • This website, including its subdomains and any other website through which the Owner makes its Service available;

  • Applications for mobile, tablet and other smart device systems;

  • The Application Program Interfaces (API);

  • The Service;

  • Any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the User Should Know at a Glance

An authorization hold is placed on your card when an order is placed via debit or credit card that triggers what looks like a deduction of the purchase price from the funds available to be debited. The money is still in your account; however, the amount of the authorization hold is restricted from use. This procedure ensures the funds necessary to complete the transaction remain available until the order is processed after delivery. Upon delivery, the funds are deducted from the account to be debited. Most holds last from 3 to 7 days; however, the holding periods can vary from bank to bank.

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

  • PureDreamBuilder uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

  • Usage of PureDreamBuilder and the Service is age restricted: to access and use PureDreamBuilder and its Service the User must be an adult under applicable law.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Pure Dream Builder.


Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.


By using Pure Dream Builder, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;

  • Users must be recognized as adult by applicable law;

  • Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;

  • Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account Registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.


Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Pure Dream Builder.


By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials, or personal data, has been violated, unduly disclosed, or stolen.

Account Termination

Users can terminate their account and stop using the Service at any time by using the tools provided for account termination on Pure Dream Builder. Uses can access their billing information at any time through the billing portal located in the main menu.


Automatic Renewal - subscriptions are automatically renewed through the payment method you chose during purchase unless you cancel the subscription. The renewed subscription will last for a period equal to the original term.


Recurring subscriptions may be terminated by singend us an email at [email protected]


Termination shall take effect as soon as the current billing period is completed.

Account Suspension & Deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.


The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.


The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Pure Dream Builder

Unless where otherwise specified or clearly recognizable, all content available on Pure Dream Builder is owned or provided by the Owner or its licensors.


The Owner undertakes its utmost effort to ensure that the content provided on Pure Dream Builder infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.


In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights Regarding Content on Pure Dream Builder - All Rights Reserved

The Owner holds and reserves all intellectual property rights for any such content.


Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.


In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on Pure Dream Builder, nor allow any third party to do so through the User or their device, even without the User's knowledge.


Where explicitly stated on Pure Dream Builder, the User may download, copy and/or share some content available through Pure Dream Builder for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.


Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content Provided by Users

The Owner allows Users to upload, share or provide their own content to Pure Dream Builder.


By providing content to Pure Dream Builder, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on Pure Dream Builder they grant the Owner a non-exclusive, fully paid-up, and royalty-free license to process such content solely for the operation and maintenance of Pure Dream Builder as contractually required.


To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Pure Dream Builder.


Users acknowledge, accept and confirm that all content they provide through Pure Dream Builder is provided subject to the same general conditions set forth for content on Pure Dream Builder.

Liability for Provided Content

Users are solely liable for any content they upload, post, share, or provide through Pure Dream Builder. Users acknowledge and accept that the Owner does not filter or moderate such content.


However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to Pure Dream Builder:

  • If any complaint based on such content is received;

  • If a notice of infringement of intellectual property rights is received;

  • Upon order of a public authority; or

  • Where the Owner is made aware that the content, while being accessible via Pure Dream Builder, may represent a risk for Users, third parties and/or the availability of the Service

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.


Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Pure Dream Builder.

Access to External Resources

Through Pure Dream Builder, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.


Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable Use

Pure Dream Builder and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.


Users are solely responsible for making sure that their use of Pure Dream Builder and/or the Service violates no applicable law, regulations, or third-party rights.


Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Pure Dream Builder or the Service, terminating contracts, reporting any misconduct performed through Pure Dream Builder or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • Violate laws, regulations and/or these Terms;

  • Infringe any third-party rights;

  • Considerably impair the Owner’s legitimate interests;

  • Offend the Owner or any third party

Software License

Any intellectual or industrial property rights and any other exclusive rights on software or technical applications embedded in or related to Pure Dream Builder are held by the Owner and/or its licensors.


Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Pure Dream Builder and the Service offered.


This license does not grant Users any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.


All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on Pure Dream Builder, as part of the Service, are provided on the basis of payment.


The fees, duration, and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Pure Dream Builder.

Product Description

Prices, descriptions or availability of Products are outlined in the respective sections of Pure Dream Builder and are subject to change without notice.


While Products on Pure Dream Builder are presented with the greatest accuracy technically possible, representation on Pure Dream Builder through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.


The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing Process

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:

  • By clicking on the checkout button, Users open the Stripe checkout section, wherein they will have to specify their contact details and a payment method of their choice

  • After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on Pure Dream Builder, hereby accepting these Terms and committing to pay the agreed-upon price

Order Submission

When the User submits an order, the following applies

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page

  • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.


Prices on Pure Dream Builder are displayed excluding any applicable fees, taxes and costs.

Offers and Discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Pure Dream Builder.


Offers and discounts are always granted at the Owner’s sole discretion.


Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.


Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.


If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.


Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.


Unless otherwise stated, these rules apply to the use of Coupons:

  • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;

  • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;

  • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;

  • A Coupon cannot be applied cumulatively;

  • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;

  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;

  • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon

Methods of Payment

Information related to accepted payment methods are made available during the purchasing process.


Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Pure Dream Builder.


All payments are independently processed through third-party services. Therefore, Pure Dream Builder does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.


If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Retention of Usage Rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Performance of services


The purchased service shall be performed or made available within the timeframe specified on Pure Dream Builder or as communicated before the order submission

Contract Duration

Subscriptions


Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.


Paid subscriptions begin on the day the payment is received by the Owner.


In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.


Fixed-Term Subscriptions


Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.


Once the subscription period expires, the Product shall no longer be accessible, unless the User renews the subscription by paying the relevant fee.


Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.


Automatic Renewal


Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Pure Dream Builder.


The renewed subscription will last for a period equal to the original term.



Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or by using the corresponding controls inside Pure Dream Builder.


TERMINATION NOTICE

If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.


Terms and conditions applying to extra features


Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of Pure Dream Builder. Unless otherwise specified, such extras are subject to the same terms applicable to the main Product, including all provisions of this document.

Liability and Indemnification

US Users

Disclaimer of Warranties


Pure Dream Builder is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.


Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at user's own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.


The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.


The Service may become inaccessible or it may not function properly with Users’ web browsers, mobile devices, and/or operating systems. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.


Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.


Limitations of Liability


To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for

  • Any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

  • Any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;

  • Any errors, mistakes, or inaccuracies of content;

  • Personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

  • Any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;

  • Any interruption or cessation of transmission to or from the Service;

  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.


Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.


Indemnification


The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;

  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

  • User’s violation of any statutory law, rule, or regulation;

  • Any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

  • User’s wilful misconduct; or

  • Statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common Provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.


Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.


Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Pure Dream Builder and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Pure Dream Builder.

Intellectual Property Rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Pure Dream Builder are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.


All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Pure Dream Builder are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to These Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.


Such changes will only affect the relationship with the User for the future.


The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.


The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.


If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.


Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of Pure Dream Builder must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing Law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Venue of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either Pure Dream Builder or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

  • The User’s grant of licenses under these Terms shall survive indefinitely;

  • The User’s indemnification obligations shall survive for a period of five years from the date of termination;

  • The disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute Resolution

Amicable Dispute Resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.


While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Pure Dream Builder or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.


The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.


The Owner will process the complaint without undue delay and within 21 days of receiving it.

Definitions and Legal References

Pure Dream Builder


The property that enables the provision of the Service.


Agreement


Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.


Business User


Any User that does not qualify as a Consumer.


Coupon


Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.


European (or Europe)


Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.


Owner (or We)


Indicates the natural person(s) or legal entity that provides Pure Dream Builder and/or the Service to Users.


Product


A good or service available for purchase through Pure Dream Builder, such as e.g. physical goods, digital files, software, booking services etc.


The sale of Products may be part of the Service.


Service


The service provided by Pure Dream Builder as described in these Terms and on Pure Dream Builder.


Terms


All provisions applicable to the use of Pure Dream Builder and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.


User (or You)


Indicates any natural person or legal entity using Pure Dream Builder.


Consumer


Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.


Latest update: October 7, 2021


Pure Dream Builder hosts this content and only collects the Personal Data strictly necessary for it to be provided.

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