Revised: October 4, 2022
1. Acceptance of Terms
Welcome to Dreamlight Book Co.! The Dreamlight Book Co. website and services are provided by Literati, Inc. (“Dreamlight Book Co.”). These Terms of Service (“TOS”) govern your (“you” or “your”) access to and use of the website located at https://www.dreamlightbooks.com/, any mobile apps (“Apps”), and other related software, content, and services, including all versions and upgrades thereto (collectively, the “Services). Your use of the Services is subject to and governed by the terms and conditions in. Dreamlight Book Co. may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by Dreamlight Book Co..
PLEASE REVIEW THIS TOS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES.
THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 13 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOS; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 13, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER.
2. Rights
(a) Use. Subject to your compliance in all material respects with the terms and conditions of this TOS, Dreamlight Book Co. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Services on a personal mobile device that you own and control, in executable, machine-readable, object code form only and solely for your internal business purposes. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Dreamlight Book Co.. The Services may contain links to other Internet websites and third-party resources, and we may employ third-party technologies in connection with the Services that require you to accept such third party’s terms. Dreamlight Book Co. is not responsible for the availability of such third party resources or content. You may not sell or resell any products you purchase or otherwise receive from Dreamlight Book Co. Dreamlight Book Co. reserves the right, with or without notice to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of this TOS, as determined by Dreamlight Book Co. in its sole discretion.
(b) Mobile Apps. If the App is downloaded by you from the Apple App Store or Google Play Store, your use of the App must comply with the applicable Apple App Store or Google Play Store Terms of Use. Additionally, you and Dreamlight Book Co. acknowledge that (i) this TOS are concluded between you and Dreamlight Book Co. only, and not with Apple or Google, (ii) neither Apple nor Google are responsible for the App or the contents thereof, (iii) Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App, (iv) Dreamlight Book Co., not Apple or Google, is responsible for addressing any claims from you or any third party relating to the App or your possession and/or use thereof, including product liability claims, any claim that App fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation, (v) Apple, Google, and their subsidiaries are third-party beneficiaries of this TOS with respect to the applicable App, and they shall have the right (and will be deemed to have accepted the right) to enforce this TOS against you as a third-party beneficiary hereof with respect to the applicable App, and (vi) Dreamlight Book Co., not Apple or Google, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim attributable to the App.
3. Privacy Policy
In addition to this TOS, the Dreamlight Book Co. Privacy Policy at https://www.dreamlightbooks.com/privacy (“Privacy Policy”) applies to how Dreamlight Book Co. may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Dreamlight Book Co. may receive certain information about you, including personal data, as set forth in the Privacy Policy, and Dreamlight Book Co. may collect, use, disclose, store, share, and process such personal data in accordance with such Privacy Policy.
4. Proprietary Rights
a) You grant Dreamlight Book Co. and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all content (in any form and any medium, whether now known or later developed) that you provide in connection with the Services. You acknowledge and agree that the technical processing and transmission of data associated with the Services, may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.
(b) Users have a personal, non-transferable, non-exclusive right to access and use the Content of the Services subject to this TOS. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Services, whether created by us or provided by another person for display through the Services. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available through the Services, subject to the following conditions: (i) the Content may be used solely for internal informational purposes. No part of the Services or the Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose; (ii) the Content may not be modified; and (iii) copyright, trademark, and other proprietary notices may not be removed.
Nothing available through the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any Content displayed through the Services, through the use of framing or otherwise, except: (x) as expressly permitted by this TOS; or (y) with our prior written permission or the permission of such third party that may own the trademark or copyright of Content accessible through the Services. The Services and the Content are protected by U.S. and international copyright and other intellectual property laws and treaties. Dreamlight Book Co. reserves all rights not expressly granted to you in this TOS.
(c) You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account. You agree to notify Dreamlight Book Co. immediately of any unauthorized use of your account or password or any other similar breach of security. If your account remains inactive for three months or longer, Dreamlight Book Co. reserves the right to suspend or terminate your account, with or without notice to you, and delete your content all without liability.
5. Sales and Delivery Terms
(a) Risk of Loss. All purchases of physical items from Dreamlight Book Co. are made FOB carrier. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
(b) Returns, Refunds and Title. Dreamlight Book Co. does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Dreamlight Book Co. does not take title to the refunded item.
(c) Product Descriptions. Dreamlight Book Co. attempts to be as accurate as possible so that you understand the products you are viewing and/or purchasing; however; Dreamlight Book Co. does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. No guarantee is made regarding color representation as color may vary due to monitors, screens, software, hardware and internet connections. In the event of a typographical error, pictorial error, technical error or other inaccuracy, Dreamlight Book Co. reserves the right to make improvements, corrections or changes without notice. Dreamlight Book Co. reserves the right to change pricing without notice. If a product offered by Dreamlight Book Co. itself is not as described, your sole remedy is to return it in unused condition.
(d) Pricing. With respect to items sold by Dreamlight Book Co., the price listed at checkout is the final price for products sold and your credit card will be charged immediately upon purchase.
(e) Payment. Customer shall pay all agreed upon fees for all products ordered through the Services as set forth on the checkout page, including but not limited to shipping fees (“Fees”), in accordance with terms set forth herein and any additional terms set forth on the Services. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Dreamlight Book Co. the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Dreamlight Book Co. will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version of which is available at https://stripe.com/us/legal/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology
(f) Taxes. Unless otherwise noted, items sold by Dreamlight Book Co. are subject to state and local sales tax in accordance with applicable laws. Dreamlight Book Co. may not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities. The sales tax indicated on the checkout page is an estimate. The sales tax ultimately charged to your credit card will be calculated when your credit card charge is authorized and will reflect applicable state and local taxes.
6. Feedback
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to our products or the Services (collectively “Feedback”), you hereby grant us a non-exclusive, world-wide perpetual license to use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways.
7. Dealings with Advertisers and Other Third Parties
The Services may include or provide access to third party products, services, content, or offerings, including advertising for such (“Third Party Services”). You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services and that terms and policies are solely between you and the advertiser or other third party. You agree that does not endorse and is not responsible or liable for any issues related to Third Party Services.
8. Indemnification
You shall indemnify and hold Dreamlight Book Co. and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Dreamlight Book Co. Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to extent resulting from or arising out of any third party claim, demand, or action due to (a) content you provide to Dreamlight Book Co. ; (b) your violation of this TOS, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your use of the Services, except as expressly permitted in this TOS.
9. Disclaimer of Warranties
(a) YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE BOOKS ARE SUITABLE FOR YOUR CHILDREN. WE DO NOT TAKE RESPONSIBILITY FOR THE CONTENT IN BOOKS OR WHETHER THE BOOKS WE CHOOSE CONFORM TO VALUES SUITABLE TO EVERY PARENT WHO PURCHASES PRODUCTS FROM OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCTS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ACCESSIBLE THROUGH THE SERVICES. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER SHIPMENT, AT DREAMLIGHT BOOK CO.’S SOLE DISCRETION
(b) EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, DREAMLIGHT BOOK CO. DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH THE SERVICES IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED THROUGH THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
10. Limitation of Liability
(a) IN NO EVENT SHALL DREAMLIGHT BOOK CO. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE DREAMLIGHT BOOK CO.’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS TOS OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO DREAMLIGHT BOOK CO. FOR THE PRODUCTS YOU PURCHASED THAT GAVE RISE TO THE APPLICABLE CLAIM(S).
(b) INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Suspension and Termination
(a) Either party may terminate this TOS at any time.
(b) If you violate this TOS, Dreamlight Book Co. may, with or without notice to you, immediately suspend or terminate your access and use of the Services.
(c) Dreamlight Book Co. reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and Dreamlight Book Co. shall not be liable to you or any third party for any such modification or discontinuance;
(d) Upon termination of this TOS for any reason: (i) Dreamlight Book Co., in its sole discretion, may remove and discard your content and information; (ii) you will immediate cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination. Further, you agree that that Dreamlight Book Co. shall not be liable to you or any third party for any termination of your account or access to the Services.
12. Governing Law
This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.
13. Binding Arbitration and Class Action Waiver
(a) ALL CLAIMS ARISING IN CONNECTION WITH THIS TOS, THE SERVICES OR ANY PRODUCT PURCHASED FROM DREAMLIGHT BOOK CO. SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
(b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c) WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
(d) Notwithstanding anything to the contrary, you and Dreamlight Book Co. may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 13.
(e) If Dreamlight Book Co. implements any material change to this Section 13, such change shall not apply to any Claim for which you provided written notice to Dreamlight Book Co. before the implementation of the change.
14. Legal Compliance
You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where products are delivered or used and you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
15. Procedure for Making Claims of Copyright Infringement
If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Dreamlight Book Co.’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Dreamlight Book Co.’s Agent for Notice of Copyright Claims. Dreamlight Book Co.’s Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
1145 W 5th St
Austin, TX 78703
Email: copyright@dreamlightbooks.com
16. California Users & Residents
I If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Literati to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to help@dreamlightbooks.com or write to us at: Literati, Inc. 1145 W 5th St, Austin, TX 78703.
17. A Note About Children
Children under the age of 13 are not eligible to use our Services directly. We do not collect or store personal information submitted by children we know to be under the age of 13. If a child under 13 submits personal information to us and we learn that the submitter is under 13, we will take steps to remove the personal information from our databases. If you believe that we might have received personal information submitted by a child under 13, please contact us at help@dreamlightbooks.com.
Persons over 13 but under 18 years of age may use the Services only in conjunction with and under the supervision of a parent or legal guardian.
18. General Provisions
This TOS constitutes the entire agreement between you and Dreamlight Book Co. concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Dreamlight Book Co. with respect to such subject matter. In the event of any conflict between or among this TOS and any privacy policy or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern. This TOS may not be amended by you except in a writing executed by you and an authorized representative of Dreamlight Book Co. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of Dreamlight Book Co.. The failure of Dreamlight Book Co. to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by Dreamlight Book Co. hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.