Downtime and Hosting Most images will be hosted using the space provided through the clients blog platform or web host. We are not responsible for any error or downtime associated with this space. When applicable client's images and files will be hosted through our hosting provider. We are not responsible for any error or downtime on their part, but should it occur client is advised to please wait it out. If client's images and files are not up and viewable within 4 hours they may contact us for an overview on the issue and an estimated time of it's solution. If desired client may provide us with a replacement hosting provider (site and login info) to which we will switch said images and files over to. In such event the client will be given full control of the new location but the copyright will continue to remain with us.
Payments.
Payments for services provided hereby shall be in accordance with the conditions contained in these terms. DreamUp Studios will accept no payment outside of Paypal. All orders under $500 must be paid upfront in full before project can begin. All orders over $500 may be paid for in two parts: 50% upfront, 50% before installation or file hand-off. For orders in case collection proves necessary, the client agrees to pay all fees (including all attorney fees and court costs) incurred by that process. The client agrees that for purposes of venue, this agreement was entered into orange County, Orlando, and any dispute will be litigated or arbitrated in Orange County, Florida and the client hereby consents to the personal jurisdiction of the Florida Sate courts. Furthermore, the client waives any right to claim of sovereign immunity.
Credit Line.
At the bottom of each blog and web page DreamUp Studios will include a small credit line . This credit line will link to http://dreamupstudios.com and will be written as follows: "Web (or blog)Design by DreamUp Studios". This credit line, including text and link must remain intact, clearly viewable and unaltered.
On blog design progects a button will also be installed on client's sidebar.
Legal Notice.
The entire risk as to the quality and performance of the completed project is with the client. DreamUp Studios does not warrant that the functions contained in the project will meet the clients requirements or expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. All web sites at time of completion will be compatible with the latest versions of Internet Explorer and Mozilla Firefox, DreamUp Studios is not be held responsible for any functionality or design errors that may occur with the use of any other browser. DreamUp Studios is not to be held responsible for the function of the favicon, load times, or any other errors occurring due to reasons beyond DreamUp Studios' control. In no event will DreamUp Studios be liable to the client or any third-party for and damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate the project, failure of any services provides, of any telecommunication carrier, of the internet backbone, of any internet servers, your or your sites visitor's computers or internet software, even if DreamUp Studios has been advised of the possibility of such damages. If any provision shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed serviceable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Warranties and Liability.
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of DreamUp Studios. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold DreamUp Studios harmless from any claim resulting from the client's publication of material or use of those materials. It is also understood that DreamUp Studios will not publish information over the Internet which may be used by another party to harm another. The Developer will also not develop a pornography or warez web site for the Client. DreamUp Studios reserves the right to determine what is and is not pornography.
Indemnification.
Client agrees that it shall defend, indemnify, save and hold DreamUp Studios harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with DreamUpStudio's involvement in the client's project. This includes Liabilities asserted against the Developer, it's subcontractors, it's agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless DreamUp Studios against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the client's web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
Electronic Commerce Laws.
The client agree that the client is solely responsible for complying to any government laws lees, taxes and tariffs affecting internet electronic commerce, and will hold harmless protect and defend DreamUp Studios and it's subcontractors from any claim, suit, penalty, tax or tariff arising from the clients exercise of internet electronic commerce.