Terms of Use

WEBSITE TERMS OF USE

In these Terms of Use, “we”, “us” and “our” means Dreamweaver.  We provide fishing lures, and other services (collectively, the “Services”) and certain information, including information about us, our products and services, at URL: www.dreamweaverlures.com (the “Website”) to our users (“You”) under the following Terms of Use (the “Terms”). PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

If you access this Website from outside United States you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

  1. Content on this Website

The Website is not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect or maintain personal information from people we actually know are under 18 years old, and no part of the Website or Services is designed to attract people under 18 years old. If we later obtain actual knowledge that a user is under 18 years old, we will take steps to remove that user’s personal Information from our databases. By using our Website, you represent that you are at least 18 years old.

The Website offers a wide variety of resources, products and services which may be accessed through a variety of means. We hope you find the information and services available on the Website useful and helpful.

Nevertheless, material or information (“Content”) on the Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. We do not warrant the accuracy, completeness or adequacy of the Content in the Website. You should make your own enquiries before entering any transaction on the basis of the Content on the Website.

  1. Access rights

We hereby grant you a limited, non-exclusive, non-transferable license to access the Website and use the Services solely for internal business purposes and personal use only. You understand and acknowledge that the Website and Services are our property, and you may not prepare derivative works of, modify, distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner the Services or the Website.

  1. General restrictions

In using the Website, you must not: (i)    violate any local, state, national or international law; (ii) use the Website for any purpose that is threatening, libelous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; (iii) distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any software, hardware, network, server or communications systems or equipment; (iv) collect or store personal data about other users of the Website; or (v) engage in any other conduct that inhibits any other person from using or enjoying the Website.

Without our written consent, you may not (i) allow, enable, or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via email (spam); (ii) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts); or (iii) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

  1. Copyright in material on the Website and restriction of use

You acknowledge that the Website is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”), under United States and international copyright laws. Save and except for any third party copyright included on the Website under a licence or agreement, all the content of the Website and downloads from it, is owned by Dreamweaver. All rights reserved.

We grant you permission to store a reproduction of the Content on your local computer for the sole purpose of viewing it, or print hard copies of the Content for non-commercial use or personal use only.

Except as expressly stated above, our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Content.

  1. Member account, password and security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

The security of your personally identifying information is important to us. While there is no such thing as perfect security on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Website is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that use of any portion of our Website is protected from viruses, security threats or other vulnerabilities.

  1. External links and advertisements

The Website contains links to websites maintained by other organizations over which we have no control. We do not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

We make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which the Website is linked. You should refer to the relevant external site or advertiser for information on its products and / or services. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

  1. Linking to this Website

We encourage you to provide links to this Website. While you may use the name “www.dreamweaverlures.com” in the text of any such link, you may not use the Dreamweaver logo or any of our other trademarks without our prior written consent. You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

  1. Disclaimer of warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE WEBSITE AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES, OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  1. Limitation of liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WE WILL (OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE OR THE SERVICES. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) ONE HUNDRED DOLLARS (U.S. $100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

  1. Indemnification

You agree to indemnify, defend and hold us, our subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, harmless from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (i) any information you submit, post or transmit through the Website or Services, (ii) your use of the Website or Services, (iii) your violation of these Terms, (iv) your violation of any rights of any other person or entity or (v) any viruses, trojan horses, worms or other similar harmful or deleterious programming routines input by you into the Services.

  1. Termination

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of the Website or Services offered on or through the Website, or (iv) unexpected technical issues or problems. You agree that we will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms.

  1. Modifications to Terms

We may change these Terms from time to time. If you object to any such changes, your sole recourse will be to cease using the Website and/or Services. Continued use of the Website and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes.

  1. Modifications to the Website or Services

We reserve the right to modify or discontinue the Website or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Website or Services. If you object to any such changes, your sole recourse will be to cease using the Website or Services. Continued use of the Website or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Website or Services as so modified.

  1. Privacy policy

You may be required to register before you can contribute to this website (eg. post comments on the Website), this may involve providing your personal information to us or our nominated service provider. You agree that any registration information provided will be truthful and up to date.

Any personal information collected by us through your use of the Website will be dealt with in accordance with our Privacy Policy. Information collected by our nominated service providers may be subject to different terms; please refer to their privacy statement before providing your personal information.

By submitting content to the Website, you:  (i) grant us a perpetual, worldwide, royalty free, irrevocable and transferable licence in all media to use, reproduce, modify, adapt, publish and display the content for any purpose without compensation, restriction on use, attribution or liability; and (ii) warrant that the content is yours and does not (nor will our use of the content under the above licence) infringe the rights or privacy of any third party.

The comments and content contributed by users of the Website does not necessarily reflect our views. While we use reasonable efforts to make sure such content is appropriate, we are not responsible or liable for the conduct of others.

  1. Force majeure

Neither party will be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of that party.

  1. Claims of Copyright Infringement

We respect the intellectual property rights of others, and we ask that all users of the Website do the same.

If you believe that your work has been published on our Website in a way that constitutes copyright infringement, you may notify our copyright agent by providing all of the following information:

– Identification of the copyrighted work that you claim has been infringed.

– Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website.

– Your address, telephone number, and, if available, e-mail address, so that we can contact you about your complaint.

– A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement claims should be sent by mail or email to the attention of our Copyright Agent, as follows:

By mail:

Dreamweaver Lures

5712 Brookwood Place

Ludington, MI 49431

By email: as found on the website contact page

If you give us notice of copyright infringement by email, our Copyright Agent may begin investigating the alleged copyright infringement; however, our copyright agent must receive your signature by mail before we are required by law to take any action. More information about U.S. copyright law can be found at the United States Copyright Office.

  1. Geographical restrictions

We make no representation that all products, services and/or material described on the Website, or the Services available through the Website, are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our Website and the Services do so on their own initiative and are responsible for compliance with local laws.

  1. General

If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Terms shall be construed in accordance with the laws of the State of Michigan, and the parties irrevocably consent to bring any action to enforce these Terms in the federal or state courts located in Ludington in the State of Michigan.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.

Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.

The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.

The word “including” when used in these Terms is not a term of limitation.

Copyright notice: © 2019 Dreamweaver Lure Company. All rights reserved.