The Dreamtime Advertising Terms of Use

By continuing use of your ad account, you agree to These Terms and Conditions (the "Terms") which must be accepted and agreed in order for an advertiser ("Customer") to setup an advertising account with The Dreamtime or purchase advertising through The Dreamtime.

At all times, the following terms apply:

1. At the present time, all website Banner/Button ads will run on The Dreamtime Web Pages which include most pages at The Dreamtime including Numerology, Free Numerology Readings and all other pages except for The Dreamtime Home Page and The Dreamtime Pathways Directory Home Page. The Dreamtimes Newsletter advertisements will appear (as text advertising) in The Dreamtimes Newsletter (which is delivered by Email on a sporadic schedule throughout the year, based on availability of new articles), and in the online archived Newsletter (as text) which is posted in The Dreamtimes Newsletter archive (there is no guarantee that the online archived Newsletter will remain freely available, or that the advertisements will be kept intact, or shown). In the future the Newsletter archive may not show advertisments, or the Newsletter archives may be offered for paid subscribers only, and these may NOT include any advertisements.
2. For website Banner/Button ads, the ad image will be served from our server. You will supply an URL to an image located on your site, and we will download your image from this location for display in The Dreamtime Advertising rotation.
3. LOCATION OF BANNERS/BUTTONS. The placement and location of any Banner advertisement shall be at the top of the page (just below The Dreamtime standard navigation toolbar). The placement and location of any Button advertisement shall be at the bottom of the page content for that page (just above The Dreamtime standard navigation bottom toolbar and grouped with 3 Buttons together). Pathways Sponsorship Banners/Buttons appear within the Pathways Directory listings at The Dreamtime.
4. REPORTING. Customer will be provided with all information collected by The Dreamtime about the advertisement to the extent information is available. For Banner/Button advertising this statistical information is generally available 24 hours/day by visiting our Advertising Account Page and logging in with your Username and Password; for The Dreamtimes Newsletter advertising/Pathways Sponsorships we suggest that you track your click-throughs by using a method that works best for you.
5. REPRESENTATIONS AND WARRANTIES. Each party represents and warrants to the other party that Insertion Order, when executed and delivered by such party, will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms. Each party acknowledges that the other party makes no representations, warranties or agreements (written or oral) related to the subject matter except as expressly provided for in the Insertion Order and these Terms. Customer represents and warrants that Customer has the right to publish the contents of the advertisement, without infringement of any rights of any third party.
6. RIGHT TO REJECT ADVERTISEMENTS OR SITES. The Dreamtime reserves the right, in its sole discretion, to refuse to provide advertising services to any web site, to reject any URL link, or to disallow a site from advertising for any reason. Without limiting the foregoing, the following advertisements are prohibited from participating at The Dreamtime:
   • Any advertisement or site that would violate any applicable law, regulation or third party right;
   • sites containing pornographic material, sites with links to pornographic sites;
   • sites containing adult material, links to adult material, or nudity;
   • sites encouraging illegal activity or racism, sites providing instructions or discussions about illegal activities;
   • sites that promote or utilize software or services designed to deliver unsolicited e-mail;
   • sites with products or advertisements that are offensive or inappropriate;
   • or any advertising that The Dreamtime determines has resulted or could result in legal liability or adverse publicity to The Dreamtime as a result of such advertising being offensive, inaccurate, defamatory, libelous or slanderous or involving potential infringement of third party's intellectual property rights.
7. LIMITATION OF LIABILITY. The parties agree that: (i) The Dreamtime exercises no control and has no responsibility whatsoever over the content or quality of the content on any of The Dreamtime (forums) which include individual messages posted by visitors to The Dreamtime that our members and visitors create. (ii) use of The Dreamtime's services is at Customer's own risk, and (iii) this is not a contract for the sale of goods and, therefore, is not subject to the Uniform Commercial Code. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" The Dreamtime DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. The Dreamtime shall not be liable for any advertisers whose banners appear on the The Dreamtime, nor the contents of any banner, nor shall The Dreamtime be liable for any loss, cost, damage, or expense (including attorney's fees) incurred by Customer in connection with Customer's participation in the The Dreamtime Advertising. The Dreamtime makes no guarantees with respect to the services rendered under the Insertion Order and hereunder, and neither The Dreamtime nor any of its officers, directors, agents, Members or Customers shall have any liability as a result of The Dreamtime's performance under the Insertion Order and hereunder, including, without limitation, Internet disruption, interrupted service, errors or delays in providing the service, levels of use or impressions, loss of data, failure to provide requested subject categories, failure to meet Member or advertiser's requirements or other injury, damage, or disruption to Customer or Customer's web site. Without limiting the foregoing, The Dreamtime's entire liability under, for breach of, arising under, or related to the Insertion Order and hereunder or the services to be provided hereunder or thereunder (whether in tort, contract or any other theory), and Customer's sole remedy, is for The Dreamtime, if possible, to either provide the advertising services or refund any amounts paid by Customer under the Insertion Order. In no event shall either party be liable for indirect, exemplary, special, incidental or consequential damages, or costs, including but not limited to, any lost profits or revenues, loss of use or goodwill, or any third party claims, even if such party has been advised of the possibility of such damages.
8. INDEMNIFICATION. Customer, at its own expense, shall indemnify, defend and hold The Dreamtime and its officers, directors, employees, agents, distributors and licensees harmless from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with or arising from any claim, suit, action or proceeding collectively, a "Claim") to the extent the basis of such Claim relates to a breach by Customer under the Insertion Order or these Terms or in connection with claims arising out of publication of any content or information in the Customer's advertisement (including, without limitation, any claim of trademark or copyright infringement, libel, defamation or breach of confidentiality) or web site or any product or service of Customer or any breach of a third party contract.
9. DEFAULT BY CUSTOMER. The Dreamtime shall not be obligated to provide any advertising services to Customer following any failure by Customer to pay any amounts due hereunder or any default by Customer hereunder; provided, however, the termination of The Dreamtime's obligation to provide such services shall not relieve Customer from its liability to pay any fees that have accrued with respect to the amount of time that Advertising has already been delivered by The Dreamtime.
10. MISCELLANEOUS.
    • (a) Entire Agreement. These Terms and the Insertion Order sets forth the entire understanding betweenthe parties and supersedes prior agreements and representations between the parties, whether written or oral,regarding the subject matter contained herein. All Customers shall be subject to the then current The Dreamtime Terms, which Terms may be revised by The Dreamtime at any time.
    • (b) Assignment. A Customer may not assign or otherwise transfer, whether voluntarily or by operator of law, any rights or obligations under these Terms and the Insertion Order, without the prior written consent of The Dreamtime.
    • (c) Governing Law; Attorney's Fees; Jury Trial. These Terms and the Insertion Order shall be construed and interpreted according to the laws of the State of Indiana and all disputes arising under these terms shall be heard exclusively in the state courts of Indiana or in a federal courts of Indiana. Each party hereby consents to the jurisdiction of such courts. If any action at law or in equity (including arbitration) is necessary to enforce or interpret the terms of the Insertion Order or these Terms, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES WAIVES ANY RIGHT TO TRIAL BY JURY THAT THE PARTIES MAY HAVE IN ANY ACTION OR PROCEEDING IN CONNECTION WITH SUBJECT MATTER CONTAINED HEREIN.
    • (d) Waiver/Severability. The waiver by either party of a breach or right under these Terms and the Insertion Order, will not constitute a waiver of any other or subsequent breach or right. If any provision of these Terms or the Insertion Order is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions and the Insertion Order, which will remain in full force and effect.
    • (e) Delivery of Ads. For website Banner/Button ads, The Dreamtime will make good faith efforts to begin the impressions as quickly as possible from the date the Insertion Order was placed. For The Dreamtimes Newsletter advertising The Dreamtime will make good faith efforts to place the ad in the next upcoming The Dreamtimes Newsletter (which is delivered on a sporadic publishing schedule as articles and time allow) There is no guarantee of exact publishing dates/times for delivery of The Dreamtimes. Sponsor/Customer understands that by the nature of online advertising, the advertising campaign's exact start and end dates and the rate of impressions (for website Banner/Button ads) delivered may vary due to fluctuations in daily traffic. For website Banner/Button ads it is in The Dreamtime's best interest to provide you with the minimum of 30 calendar days for each month of banner/button advertising that you order, or 365 calendar days for a one year period of website banner/button advertising or Pathways sponsorship advertising that you order.
    • (f) Force Majeure. The Dreamtime shall not be in default or otherwise liable for any delay in or failure of its performance under these Terms or the Insertion Order where such delay or failure of its performance hereunder arises by reason of any Act of God, or any government or any governmental body, acts of war, the elements, strikes or labor disputes, or other cause beyond the control of The Dreamtime.
    • (g) Refund. The Dreamtime will guarantee you a specific number of Impressions per period of time that you purchase, The Dreamtime will continue to run your advertisement until your total Impressions have been displayed as noted by The Dreamtime Advertising Statistics program. Any amount paid by The Customer is not refundable. The Dreamtime will only provide a refund in the event The Dreamtime does not advertise your banner ad for any reason.
    Due to our stringent refund policy, we strongly advise that any advertiser purchasing banner ads for the first time to buy a smaller amount for testing purposes.
    • (h) Construction. No obligations other than those expressly set forth in these Terms or the Insertion Order shall be binding on The Dreamtime. In the event of any inconsistency between the Insertion Order and these Terms, these Terms shall control.
    • (i) Content. The Dreamtime does not allow banner/button ad images, text or alternate (rollover text) that contains nudity, foul words or is offensive or inappropriate. If you establish a banner ad image or define your alternate text with this information The Dreamtime reserves the right to remove your ad immediately without further notice and without refund for any unspent impressions or advertising time period.
11. If any errors occur, or any data lost, you understand that this is a possible risk, and although we will do our best to restore any lost data, we can not be responsible for any loss that occurs.
12. If you purchase advertising, the price of that advertising will not increase until the impressions have been spent, or the time period that you purchased advertising for has been fulfilled.
13. Members agree that their web site information (name, URL, banner Graphic, button graphic, traffic counts, etc.) may be used by The Dreamtime for displaying successful advertising campaign information, and your Banner/Button image may be included in a list of 'Top successful advertising campaigns at The Dreamtime'.
14. The Dreamtime makes every effort to verify and maintain a high standard of quality for our services, but The Dreamtime does not make any guarantees regarding the dependability, or accuracy of The Dreamtime's services.
15. The Dreamtime reserves the right to modify, or change these Terms and Conditions as it deems necessary. It is the member's responsibility to keep current with changes in the Terms and Conditions, since changes are effective for all members, regardless of when the member signed on for advertising.