DreamTime’s Terms & Conditions of Use

Welcome to the NoSpiritLeftBehind.com website. This site is owned and operated by DreamTime, LLC (hereinafter, “DreamTime”). PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE.

These Terms and Conditions, along with policies and guidelines located throughout the DreamTime family of websites govern the use of the NoSpiritLeftBehind.com website (“this” “Website” or “NoSpiritLeftBehind.com”). By accessing any areas of this Website, users are deemed to have accepted these Terms and Conditions and other policies and guidelines identified throughout this Website.

You should check these terms and conditions periodically for changes. DreamTime reserves the right to modify the terms contained herein, as well as the right to change or discontinue any aspect or feature of this Website or products and services offered by this Website. Your continued use of this Website following the posting of changes to these Terms and Conditions, the Website or products and services will mean that you accept the provisions and changes as is. By using this Website after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them.

Privacy Policy
DreamTime respects the privacy of its users. The terms and conditions of the DreamTime Privacy Policy, are incorporated herein by reference into the NoSpiritLeftBehind.com terms and conditions. View Privacy Policy
Scope of Terms and Conditions
These terms and conditions apply to your use of all the sites and services owned or operated by DreamTime, its divisions and affiliated companies, (collectively “we,” “us,” or “our”), including www.NoSpiritLeftBehind.com, www.Dtpublications.com, www.DreamTimeonline.com, and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Sites”). Unless otherwise mentioned, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites may link.
Restrictions on Use of Materials
The content of our Site (the “Content”) is protected by copyright and trademark laws, and is the property of DreamTime and/or its affiliated companies. Copyright.

All Content is copyrighted as a collective work under the U.S. copyright laws, and DreamTime owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Unless otherwise noted, you may access the materials located within the Sites only for your personal use. This means you may download only one copy of posted downloadable materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material.

You may not modify, copy, reproduce, publish, display, transmit, distribute, adapt, prepare derivative works based upon or in any way or medium exploit the Content of the Sites. In order for you to publish, display or commercially exploit any material from the Sites, you must obtain prior written consent from DreamTime and from all other entities with an interest in the relevant intellectual property. DreamTime will not be held liable in any way to any user of NoSpiritLeftBehind.com (“User”) or to any third party or to any other person who may receive information in the DreamTime materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

You must abide by all additional copyright notices or other restrictions contained in any of the Sites.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Content available on the Sites. You may not take any action to interfere with, or disrupt, the Sites, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.
Termination of Usage
DreamTime may suspend or terminate any User’s access to all or any part of the DreamTime website(s) including any account thereon, without notice, for any reason in DreamTime’s sole discretion.
Links
The Sites may contain links and pointers to other World Wide Web sites and resources. These terms and conditions apply only to the Sites, and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any of the Sites link. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.

Other sites may link to any of the Sites only through a plain-text link to the home page of such Site. Written permission must be granted by us for any other type of link to the Sites. To seek our permission, you may write to:

DreamTime, LLC
4715 East Lone Cactus Drive
Phoenix, Arizona 85050-6161

We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.
Submissions
We welcome your comments about any of the Sites. However, unless a Site has set up a specific submissions policy, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material (“Submission”), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.

If you are submitting something to a Site that contains a submissions policy, please consult that site for its specific requirements.


Registration
If you access the Sites anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services on the Sites, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Screen names or IDs may not be offensive, deceptive or violate any other party’s rights. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.

We may, at our discretion, suspend or terminate the registration of any general User who violates any of these terms and conditions of use or for any other behavior that we in our discretion believe is inappropriate.
Subscriptions Service (“Service”)
Purchasing; Price; Payment.
You must be 18 years of age to subscribe to the Subscription Service offered by NoSpiritLeftBehind.com. All subscriptions automatically renewable monthly, yearly (364 calendar days) or by special promotion ("Special Promotion"). One subscription per person is allowed. In order to purchase merchandise, features or Services on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Privacy Policy explains how such information may be collected and used.) Your ability to purchase merchandise, features or Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. DreamTime may bill your credit card at the time the Services and/or merchandise are ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. DreamTime may in its sole discretion decline service to or terminate any account. Neither DreamTime, nor any other DreamTime Entity (defined herein), nor any of the Vendors is responsible, and must not be held liable, for any breaches in transaction security by any third party.

By purchasing any features or Services via the Website, you acknowledge and agree that your credit card is being charged by the payment processor of DreamTime, LLC or No Spirit Left Behind, LLC. By utilizing a debit card or e-check for purchase of any features or Services, you authorize DreamTime, LLC or No Spirit Left Behind, LLC to debit on the specified periodic basis (e.g., once per month for monthly Services; once per year for yearly Services; Special Promotion as defined) the amount described on the applicable SUBSCRIBE TODAY page(s).

The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.

The Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.

Billing, Automatic Renewal and Refund Policies for Certain Services

For certain Services purchased on a monthly, yearly or Special Promotional basis (e.g., NoSpiritLeftBehind.com subscriptions), the term begins when you purchase. An automated email notification will be sent upon completion of your subscription request. The Subscription will automatically renew on a month-to-month or year-to-year basis depending upon your selection at the time of purchase until cancelled.

YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION SERVICE AT ANY TIME BY CALLING 480-473-8957 TEN (10) BUSINESS DAYS PRIOR TO YOUR APPLICABLE MONTHLY EXPIRATION. CANCELLATION NOTIFICATION OF LESS THAN TEN (10) BUSINESS DAYS WILL RESULT IN THE SUBSCRIPTION SERVICE BEING CANCELLED THE FOLLOWING MONTH.

YOU MAY CANCEL YOUR YEARLY OR SPECIAL PROMOTION SUBSCRIPTION SERVICE AT ANY TIME BY CALLING 480-473-8957 THIRTY (30) CALENDAR DAYS PRIOR TO YOUR APPLICABLE YEARLY/SPECIAL PROMOTION EXPIRATION. CANCELLATION NOTIFICATION OF LESS THAN THIRTY (30) CALENDAR DAYS WILL RESULT IN THE SUBSCRIPTION SERVICE BEING CANCELLED THE FOLLOWING YEAR.

DreamTime reserves the right to modify the price of its subscriptions services, merchandise or any service or feature. DreamTime is not responsible for any error in copy or images relating to merchandise, tickets or feature or Service. Any offer to sell any merchandise, feature or Service, may be discontinued at any time in DreamTime’s sole discretion.

No refund is available to the monthly, yearly or Special Promotion Subscription Service to NoSpiritLeftBehind.com.

By accepting this Agreement, you agree that DreamTime may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with DreamTime, and by publishing such notices from time to time on the informational page(s) of the website applicable to the Services. It is your responsibility to notify DreamTime of any change in your e-mail address by logging into NoSpiritLeftBehind.com and using the online account management tool. Programming, pricing, terms and conditions of Services are subject to availability and change.

Subscription activation for Services, and subsequent ability to access Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by DreamTime (e.g., your IP address).
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, DREAMTIME MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITES; OR (IV) THAT THE SITES, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF NOSPIRITLEFTBEHIND.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

DREAMTIME DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE NOSPIRITLEFTBEHIND.COM WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE NOSPIRITLEFTBEHIND.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF DREAMTIME.

UNDER NO CIRCUMSTANCES SHALL DREAMTIME OR OUR LICENSORS, SUPPLIERS OR VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DREAMTIME RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.

WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED ON THE SITES. WE ARE NOT PARTY TO, AND DO NOT MONITOR, ANY TRANSACTIONS BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.


CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY DREAMTIME OR ANY ACT OR FAILURE TO ACT BY DREAMTIME OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE YOU TRANSMIT VIA THE WEBSITE.

IN NO EVENT SHALL DREAMTIME BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES OR MERCHANDISE.

IN NO EVENT SHALL DREAMTIME, ANY OTHER DREAMTIME ENTITY OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITES INCLUDING, BUT NOT LIMITED TO ANY TRANSACTION FOR, MERCHANDISE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DREAMTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF DREAMTIME IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITES.

IN NO EVENT SHALL DREAMTIME OR ANY OTHER DREAMTIME ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE SITES, INCLUDING THE AVAILABILITY OF ANY WEBSITE FEATURE.
No Personal Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal. Review Disclaimer.
Indemnity
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and expenses) arising from or relating to: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials, merchandise, features or Services available on the Sites (except to the extent a claim is based upon infringement of a third-party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Termination
DreamTime may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. DreamTime also may impose limits on certain features and Services or restrict your access to parts or the entire Site without notice or liability at any time in DreamTime’s exclusive discretion, without prejudice to any legal or equitable remedies available to DreamTime, for any reason or purpose, including, but not limited to, conduct that DreamTime believes violates this Agreement or other policies or guidelines posted on the Site or conduct which DreamTime believes is harmful to other customers, to DreamTime’s business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by DreamTime in its sole discretion. In addition and without prejudice to any other remedy available to DreamTime, DreamTime may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by DreamTime.

YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION SERVICE AT ANY TIME BY CALLING 480-473-8957 TEN (10) BUSINESS DAYS PRIOR TO YOUR APPLICABLE MONTHLY EXPIRATION. CANCELLATION NOTIFICATION OF LESS THAN TEN (10) BUSINESS DAYS WILL RESULT IN THE SUBSCRIPTION SERVICE BEING CANCELLED THE FOLLOWING MONTH.

YOU MAY CANCEL YOUR YEARLY OR SPECIAL PROMOTION SUBSCRIPTION SERVICE AT ANY TIME BY CALLING 480-473-8957 THIRTY (30) CALENDAR DAYS PRIOR TO YOUR APPLICABLE YEARLY/SPECIAL PROMOTION EXPIRATION. CANCELLATION NOTIFICATION OF LESS THAN THIRTY (30) CALENDAR DAYS WILL RESULT IN THE SUBSCRIPTION SERVICE BEING CANCELLED THE FOLLOWING YEAR.

Jurisdictional Issues; Attorneys’ Fees
We control and operate the Site from our offices in the State of Arizona, United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Agreement will be governed by the laws of the State of Arizona applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Maricopa County, Arizona will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. DreamTime will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. DreamTime in its sole discretion may amend this Agreement, and your use of the Sites after such amendment is posted on the Sites will constitute acceptance of it by you.

If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.
Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Sites by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Sites for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Sites.

If you believe any materials on the Sites infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:


Legal Department
DreamTime, LLC
4715 East Lone Cactus Drive
Phoenix, Arizona 85050-6161
Tel: 480-473-8957
Fax: 480-634-8107

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Acceptance of Terms of Use
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use any of the Sites. DreamTime may change the terms of this Agreement at any time, and your use of the Sites after such changes are posted will mean that you accept them.

(Last Updated: February 14th, 2008)