Terms of Use

1. Users. Scan-Optics provides its services to you (the “User”) subject to the following Terms and Conditions of Use (the “Terms”). Users must either be a school or a parent or legal guardian of a student. The Terms may be updated and/or revised from time to time by Scan-Optics without notice to the User, and such Terms become effective when posted. Please be aware that it is the User’s responsibility to regularly review the Terms to stay informed of any changes or revisions.

2. Users Bound by Terms. When a User registers to participate in the Dreamsakes program, the User is bound by these Terms. The User will be asked to check a box indicating that they have read, understood and agreed to these Terms in consideration of the use of the Website and participation in the Dreamsakes program.

3. Provisions Applicable To All Users: The following provisions shall apply to all Users, including without limitation each registered school (“School”) each student artist (individually, an “Artist” and collectively, “Artists”), each parent or legal guardian of an Artist (individually, a “Parent” and collectively, “Parents”):

a. Permitted Use of Website.

i. Except as otherwise limited by these Terms or by Scan-Optics, Schools, Artists and Parents are free to use the Website for any lawful purpose that furthers the interests of artists as determined by Scan-Optics.
ii. The materials posted on the Website, including both text and graphics, may be accessed, downloaded or sent to a printer solely for the Parent’s personal, private, non-commercial, and lawful use.

b. Prohibited Use of Website.

i. No text, graphics or other material or content available on this Website may be copied, modified or distributed for commercial purposes without prior written permission from Scan-Optics.

ii. Users may not upload, post, transmit, email, or otherwise distribute any material that may be unlawful, harmful, obscene, defamatory, libelous, hateful, threatening, damaging to software or hardware, or racially, ethically, or otherwise objectionable.

iii. Users also are prohibited from uploading, posting, transmitting, emailing or otherwise distributing any material that invades another’s privacy or publicity rights, or that infringes on any party’s trademark, copyright or other intellectual property rights. Users covenant and agree that their use of the Website and Scan-Optics’s services will not harm minors in any way. Without limiting the foregoing, each User specifically covenants and agrees that without it will not transmit or post any content that violates child pornography laws, child sexual exploitation laws, obscenity laws, or any other law or regulation.

iv. All Users including Schools and Parents must provide accurate information in the name fields, address fields and any other fields provided on the Website. Users are forbidden from providing false email addresses to Scan-Optics.

v. Scan-Optics posts the names of participating schools for identification purposes only. Copying this information, either manually or through automated software programs, for the purposes of targeted marketing or solicitation is prohibited.

c. Removal from Website. Scan-Optics reserves the right to remove any content from the Website at any time and for any reason in its sole discretion.

d. Scan-Optics Privacy Policy. By using Scan-Optics’s services and visiting the Website, Users acknowledge and agree that they are subject to and must comply with Scan-Optics’s Privacy Policy. For more information, see the full Privacy Policy at http://www.dreamsakes/privacy .

e. Links to Third-Party Websites. Users may obtain access to third-party websites through links on the Website. These links are provided as a convenience to the Users of our Website. While Scan-Optics attempts to ensure that the content available at such links is not offensive or objectionable, Scan-Optics is neither liable nor responsible for any content or information on third-party websites. Furthermore, because Scan-Optics has no control over the owners or content of the third-party websites to which its Website links, Scan-Optics does not guarantee, represent or warrant that the content or links provided on such third-party websites is accurate, legal or appropriate for all viewers.

f. Special Admonitions for International Use. Recognizing the global nature of the Internet, Users agree to comply with all local rules and laws regarding online conduct and acceptable content. Specifically, and without limitation, users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.

g. Disclaimer of Warranty.

i. USERS ACKNOWLEDGE AND EXPRESSLY AGREE THAT THE USE OF SCAN-OPTICS’S SERVICES IS AT THE USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCAN-OPTICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ii. SCAN-OPTICS MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SCAN-OPTICS AND ITS WEBSITE WILL MEET THE USER’S EXPECTATIONS, OR THAT ANY ERRORS ON THE WEBSITE OR IN THE SOFTWARE WILL BE CORRECTED.

iii. ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
iv. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM SCAN-OPTICS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

h. Limitation of Liability. NEITHER SCAN-OPTICS NOR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, VOLUNTEERS, AGENTS AND AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE OR PROFITS) RESULTING FROM OR RELATING DIRECTLY OR INDIRECTLY TO SCAN-OPTICS AND/OR ANY USER’S USE OF THE WEBSITE.

i. Indemnity. By using this Website, the User agrees to indemnify, defend, and hold Scan-Optics and its directors, managers, officers, employees, subsidiaries, volunteers, agents, and affiliates harmless from any liability to third parties, including reasonable legal fees, arising from or related directly or indirectly to the User’s breach of these Terms, or the violation of any statutory or common law or the breach of the rights of any third party.

j. Geographic Coverage and Jurisdiction. Users of the Website located outside of the United States acknowledge and agree that they access the Website at their own risk, and that they are solely responsible for complying with all local laws in force in the jurisdiction where they are located. These Terms shall be construed and enforced in accordance with the laws of the State of Connecticut in the United States. Any action to enforce these Terms shall be brought in a federal or state court located in the State of Connecticut having jurisdiction over such action, and all Users consent to personal jurisdiction and venue in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall remain in full force.
k. Scan-Optics’s Custom Merchandise. Scan-Optics offers Parents a service to inscribe their respective Artist’s artwork on gift merchandise such as coffee mugs, t-shirts and other items. (See website for a complete list of merchandise offerings.)

i. Each item ordered by a Parent is custom produced. If, for any reason, the Parent is dissatisfied with a merchandise purchase, Scan-Optics will replace the item(s) free of charge, subject to the following conditions and restrictions: If a User receives a gift item that depicts the wrong piece of artwork, or that is broken or otherwise defective, Scan-Optics will replace the item free of charge if notified of the problem within 14 days after delivery of the merchandise to the User. To provide notification, the User must email Scan-Optics at orders@Dreamsakes.com and include the following information: the User’s name and mailing address, the order number, the screen name of the Artist, the correct art identification number (if applicable) and the reason for the requested product replacement.

ii. Although Scan-Optics takes the utmost care to achieve the best reproduction quality on all merchandise, artwork submitted to Scan-Optics by the school or Parent of an Artist may be of poor image quality (i.e., low resolution or poor lighting) and may not reproduce well on merchandise. Therefore, before making an order, the User must check the artwork on the Website to ensure adequate image quality. Scan-Optics will not accept the return of any merchandise that is a faithful reproduction of the artwork image in our archive and displayed on the Website. However, if the reproduction quality is poorer than the image on the Website, the User can return the item(s) to the address below, and Scan-Optics will replace the item within four weeks after the date that Scan-Optics receives the returned merchandise.

Dreamsakes
1890 Beaver Ridge Circle
Norcross, GA 30071

iii. The Parent is responsible for ensuring that the artwork that he or she has ordered to be reproduced on the merchandise was created by the intended Artist. Scan-Optics will not accept returns of merchandise if a Parent orders merchandise depicting artwork from the wrong Artist.
iv. The Parent must ensure that he or she has ordered the correct size t-shirt or other apparel prior to finalizing the merchandise order. Scan-Optics will not accept returns of t-shirts or other apparel due to incorrect sizing.

l. Copyright Claims. If you believe that your work has been copied in artwork, lesson plans or any other material appearing on the Website in a manner that constitutes copyright infringement, you may submit a notification to Scan-Optics pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with information in accordance with the following instructions:

i. To notify Scan-Optics of an alleged copyright infringement, you will need to send a written communication that includes the following information (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) concerning these requirements): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) An explicit identification of the copyrighted work(s) claimed to have been infringed; (iii) An explicit identification of the allegedly infringing material that is to be removed from the Website, along with information reasonably sufficient to permit Scan-Optics to locate the material at the Website; (iv) information reasonably sufficient to permit Scan-Optics to contact the complaining party, including an address, telephone number, and email address at which the complaining party may be contacted; (v) 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; (vi) 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. Such written notice should be sent to our designated agent as follows:

Scan-Optics,LLC
Attn: Dreamsakes Complaints
69 Progress Drive
Manchester, CT 06042-2294

ii. If a User elects to send us a counter notice after having been notified of a copyright claim submitted to Scan-Optics in accordance with the complaint provisions above, to be effective, it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) concerning these requirements): (i) A physical or electronic signature of the parent or legal guardian of the Artist whose artwork was removed from the Website as a result of a copyright claim; (ii) An explicit identification of the material that has been removed and the location on the Website at which the material appeared before it was removed or access to it was disabled; (iii) A statement under penalty of perjury that the Artist’s parent or legal guardian has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled; (iv) The submitting parent or legal guardian’s name, address, and telephone number, and, if the parent or legal guardian’s address is outside of the United States, a statement indicating that the parent or legal guardian consents to jurisdiction in the United States District Court for Connecticut and will accept service of process from the complainant or its agent. Such written notice should be sent to our designated agent as follows:

Scan-Optics LLC
Attn: Dreamsakes Complaints
169 Progress Drive
Manchester, CT 06042-2294

4. Provisions Applicable to Schools: The following provisions shall apply to all Schools:

a. Registration. To register for a school membership with Scan-Optics, an administrator with requisite power and authority to act on behalf of the School (“Administrator”) must register and login to use the Website and acknowledge and agree that they have received all necessary permissions to take such action, including without limitation the permission of school and school district. Further, the Administrator individually and on behalf of the school must agrees that the information provided to Scan-Optics upon registration and at all times thereafter will be true, accurate, current and complete. The Administrator on behalf of the school also agrees to ensure that all information provided to Scan-Optics is kept accurate and up to date at all times, including without limitation, the administrator’s or its designees email address, which is the primary method by which Scan-Optics will correspond with the School.

b. Member Account, Password and Security. When the School receives a username and password in order to submit artwork to Scan-Optics. The School is responsible for maintaining the confidentiality of the password and the account, and is solely responsible and liable for all activity that occurs by way of that password-protected account. The School expressly agrees to:

i. Immediately notify Scan-Optics of any unauthorized use of their password or account, or any other breach of security relating to their account or to the personally identifiable information of any Artist, and

ii. Ensure that they properly logout of their account at the end of each session. Scan-Optics is not liable for any direct or indirect loss or damage resulting from the School’s failure to comply with this Section.

c. Content Submitted by Schools. The School is responsible for obtaining any necessary approvals from their school’s authorities and administrators before showcasing their students’ artwork on the Website. Under no circumstances will Scan-Optics be liable for the School’s failure to consult their school’s authorities and administrators or for failing to obtain the necessary permission to post students’ artwork or others’ lesson plans on the Website. The School covenants and agrees that, before posting any materials, they will obtain permission from the Parents of their students or others whose artwork, lesson plans, or other materials are posted.

d. Prohibited material. If a School chooses to upload class artwork to the Website, the following conditions and restrictions apply:

i. Because the Website is directed to children and visitors of all ages, Schools may not submit artwork or other material that is unsuitable for viewing by children; including without limitation artwork that is sexually explicit, or that depicts nudity or violence.

ii. Schools may not submit artwork or other material that depicts or contains copyrighted materials or trademarks owned by others, including without limitation company or product logos, copyrighted cartoon characters or other material that could infringe on the intellectual property rights of third parties.

iii. For privacy and security reasons, the Schools may not submit artwork or other material that contains photographs of children under 18 years old, including the artist themselves.

iv. Artwork or other material submitted by the School may not display the Artist’s last name anywhere on the artwork. The School is solely responsible for reviewing all artwork and other material prior to submission to ensure that it does not display the Artist’s last name. Scan-Optics is not liable or responsible for artwork or other material submitted by a School that depicts the last name of the Artist or other such personally identifiable information.

e. Secure Identification Procedures. To organize artwork, the School inputs the first and (optionally) last names of students in a secured School roster. The first and last names are entered in separate fields, and unique screen names are then generated for each student, based on the information entered in the first name field. It is the School’s responsibility to ensure that only the first name is added in the first name field. Scan-Optics is not liable or responsible for Schools entering last names or any other personally identifiable information in the first name field. Each Artist within the School created roster is assigned a unique “security key.” This security key is required for Parents to officially register as the Parent. It is the School’s responsibility to ensure that each Artist knows their security key and only shares that security key with their Parents. Schools may also find more suitable means to communicate the security key to the Parent, including by sending home a private letter to the Parent or otherwise contacting the Parent directly. If Parents submit the Artist’s artwork themselves, the School will not have a security key to distribute.

f. Reservation Of Right To Refuse Artwork. Scan-Optics reserves the right to refuse any artwork that is submitted for display on the Website for any reason and in its sole and exclusive discretion. In all cases, Scan-Optics’ decision shall be final.