Website Terms and Conditions
Updated August 18, 2017
These “Terms and Conditions” set forth the terms and conditions that apply to your use of the WP Ultimate Web Site (the “Web Site”). The Web Site is owned and operated by DreamDolphin Media, LLC. The Web Site is offered to you conditioned on your acceptance of the terms contained herein. Your use of the Web Site constitutes your agreement to all such terms.
Hosting services are provided by WP Managed Host, LLC and are governed by a Hosting Terms of Service separate from these Web Site Terms and Conditions.
Copyrights and Trademarks
All materials contained on and generated by the Web Site not belonging to another party are copyright DreamDolphin Media, LLC. All rights reserved. No person is authorized to use, copy or distribute any portion of the Web Site.
“WP Ultimate” and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify the Web Site and the goods and/or services provided by DreamDolphin Media, LLC through the Web Site. Such marks may not be used under any circumstances without prior written authorization.
Your agreement to these terms constitutes your acceptance of the Website Copyright Policy.
Personal and Non-commercial Use Limitation
The use of the Web Site provided through the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, publish, reproduce, license, create derivative works from, transfer, or sell any material including but not limited to information and images obtained from the Web Site.
Privacy and Personal Information Protection
Materials Provided to DreamDolphin Media, LLC
DreamDolphin Media, LLC does not claim ownership of the materials you provide (the “Submission”) to DreamDolphin Media, LLC or post, upload, or submit to the Web Site. By posting, uploading, providing or submitting materials including, but not limited to, account information, comments and images, you are granting DreamDolphin Media, LLC permission to analyze, modify and publish your Submission. By posting a Submission, you grant DreamDolphin Media, LLC permission to use non-personally identifying information for the purposes of research and marketing.
By posting a Submission, (a) you warrant and represent that you are the copyright owner of such material, or that the copyright owner of such material has granted you permission to use such material with the manner and purpose of your use and as otherwise permitted by these Terms and Conditions, (b) you agree to accept full responsibility for any problem, dispute, or legal matter directly or indirectly resulting from the use of such material by DreamDolphin Media, LLC and (c) agree not to submit information, images or material that contain nudity, violence, any type of obscenity or that is illegal or considered offensive by DreamDolphin Media, LLC.
DreamDolphin Media, LLC, under its sole discretion, reserves the right to reject, remove and modify any Submission that is deemed insufficient or inappropriate.
Third-party Links, Products and Services
DreamDolphin Media, LLC may provide hyperlinks to third-party Web sites, including products, as a convenience to users of the Web Site. DreamDolphin Media, LLC does not control third-party Web sites and is not responsible for the contents, services or products of third-party Web sites. DreamDolphin Media, LLC does not endorse, recommend or approve any third-party Web sites. DreamDolphin Media, LLC will have no liability to any entity for the content or use of the content available through such hyperlinks.
The Web Site contains references to third party products and companies. References to such products and companies does not imply an endorsement of WP Ultimate by them nor do the references constitute an endorsement of any product or company by DreamDolphin Media, LLC. DreamDolphin Media, LLC is not responsible for the content, products or services or use of the content, products or services provided by third parties.
DreamDolphin Media, LLC receives commission for referrals to third-party product and service providers. If a user clicks a link on the Web Site to an external website and makes a purchase there, DreamDolphin Media, LLC may be paid for the referral.
Spam and Abuse
You agree not to use the Web Site for the purposes of sending unsolicited electronic messages or any other form of spam. You may not use the Web Site to harass other persons. You agree not use offensive language in your account details, comments or on any other area of the Web Site that allows you to submit material. You agree not to attempt to impersonate other users or staff by using similar names, account details, images or any other form of intentional deception. You agree not to share your account details with other users. Each account is to be used by one person.
Accounts and submissions in violation will be terminated without warning.
No Representations or Warranties; Limitations on Liability
The information and materials on the Web Site provided by WP Ultimate could include inaccuracies or typographical errors. Changes are periodically made to the information and materials contained herein. All content on the Web Site is offered solely for informational and entertainment purposes. The content is not intended to be a substitute for responsible consumer decisions. Users take full personal and legal responsibility for any decisions made or actions taken based on content provided on the Web Site. DreamDolphin Media, LLC is not responsible for unintended consequences resulting from the use, misuse or inability to use the Web Site. This Web Site does not constitute an offer or contract.
DreamDolphin Media, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.
DreamDolphin Media, LLC does not guarantee that the Web Site will be available and accessible at any time or for any length of time. DreamDolphin Media, LLC reserves the right to permanently or temporarily make the Web Site unavailable or inaccessible. By using the Web Site, you agree to indemnify DreamDolphin Media, LLC and its owner(s) from any liability directly or indirectly resulting from the use or inability to use the Web Site.
Choice of Law; Jurisdiction
All claims arising out of the use of this Web Site shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your present state or country of residence. Any and all claims, legal proceeding or litigation brought against DreamDolphin Media, LLC in connection with the use of this Web Site will be brought exclusively in Tarrant County, Texas. You hereby irrevocably submit to the jurisdiction of such courts.
Terms and Conditions Modification
DreamDolphin Media, LLC reserves the right to change the terms and conditions under which the Web Site is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Web Site constitutes your agreement to all such terms.