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Terms and Conditions
These terms were last updated: 1st March 2024
1. Who are we?
Dream Factory is a business-to-business members’ collective that creates advertising and marketing content for its member companies in professional studio settings. Dream Factory is operated by Alwaysdreaming ltd, a company registered in England and Wales under registration number 13295316 and our registered address is 42-44 Rivington Street, London, England, EC2A 3QP.
These terms and conditions govern each member’s (“you” or “your”) relationship with Dream Factory (“we”, “our” or “us”) including your access to and use of studios in each Dream Factory venue (“Site”), and all Content (as defined below) created by us for you in accordance with these terms (“Terms”).
By becoming a member of Dream Factory, using our Sites, and accessing any other features and services made available to our members, you acknowledge that you have read, understand and agreed to these Terms and our House Rules, and expressly agree that they form a binding contract between you and Dream Factory. Dream Factory does not sell to individual consumers, nor do we target or sell to children under the age of 18, and they are not permitted to use Dream Factory or access its Sites, unless otherwise expressly stated in these Terms.
2. Changes to the terms
These Terms may change as Dream Factory grows and develops. If we change these Terms, we will update the Terms on our website and will endeavour to notify you of such change and such changes will be effective immediately. By continuing to use your Dream Factory membership you accept any such changes and agree to be bound by the modified Terms.
3. Membership
Dream Factory will approve new members at its sole discretion, we want to ensure that all Dream Factory members’ values align with our own. Upon approval or renewal of your membership, your membership fee and any joining fee (the “Fee”), is payable immediately in advance. If you fail to pay your Fee within 10 days of the due date, then you will not be able to access any Dream Factory Sites. Continued failure to pay the Fee will result in your membership being cancelled and/or additional late payment fees becoming due and payable. We will ask that you assign the membership to a company founder, or co-founder. If your membership is a ‘Scale’ membership, the founder and or co-founder may name a second member from their team.
4. Renewal
Your membership, if sold as an annual membership, is for one (1) year from the date you sign up (unless otherwise agreed) and can be renewed annually. Membership renewal is subject to review and approval by Dream Factory (a “Renewal”). On confirmation of each Renewal, the Fee will become payable in accordance with clause 3 above. If your membership is sold on a capped hourly basis, your membership is valid for the duration of use. Once all hours are used, you will have 14 days to take up any renewal offer we may present to you.
Dream Factory reserves the right to increase Fees at any time, any Renewal shall be subject to the then current Fees.
5. Content
Your use of the Sites and all content created for you by Dream Factory including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials (“Content”) is subject to these Terms.
Subject to your compliance with these Terms (including payment of all Fees and any others amounts owed to Dream Factory during the Term), all Content that is created by Dream Factory, specifically on your behalf and in accordance with your Briefs (as defined below), on a Dream Factory Site shall be owned by you, once transferred to you by Dream Factory. You grant Dream Factory a limited licence to use your Content for its own marketing purposes only with your express written permission given in advance of any such use.
All other intellectual property of Dream Factory including pre-existing intellectual property owned or licensed by Dream Factory, content created for other members or content created by Dream Factory on its own behalf (even if you were on Site during its creation) shall belong to Dream Factory. The name ‘Dream Factory’ and any other business names and logos we use from time to time may be trademarks belonging to us or other companies in our group (“Trade Marks”).
You agree that you will not use Content in any way that may be considered to be in competition with Dream Factory. This includes allowing third parties to use your Content, if the purpose of such use is or may reasonably be considered to be in competition with Dream Factory.
While you are a member of Dream Factory, we are entitled to refer to you as a member of Dream Factory, including the use of your name and logo on its website and in marketing material, if you do not wish to be referred to by us, please let us know in writing in advance.
6. Content Creation
We do not allow third party filming at Dream Factory unless the space is hired under a separate contract. Content creation is carried out by Dream Factory personnel in accordance with Briefs that have been submitted and approved in accordance with the process set out below. Dream Factory will only produce Content on a Dream Factory Site and in accordance with a Brief.
Due to limited availability of studio space at our Sites, we require that members always have a founder (or other senior, Dream Factory approved, member of their team) (“Approved Member”) on-Site at all times during Content creation. Failure to have an Approved Member on-Site during a Booking is a breach of our House Rules and may have an impact on future Renewals.
Dream Factory, on separate agreement, does offer pre-production, post-production, and event services, please contact us to find out more. Payment of these services is due upfront in advance, unless otherwise agreed.
Where relevant, Dream Factory will record and share Content in RAW form to ensure you have the highest quality Content. We are not responsible for ensuring you have the necessary software, hardware or other equipment or expertise necessary to be able to access and edit the Content. Content is provided ‘as is’ and you are responsible for the editing or other processing of the Content, unless expressly agreed otherwise, in writing, with Dream Factory. You are responsible for downloading and backing up Content after it has been shared with you by Dream Factory.
Dream Factory will retain any Content it produces for 3 months, after which it reserves the right to delete the Content and any underlying back-ups or data. Members will be offered the option to purchase on-premise and cloud data storage for the duration of their membership, a service we strongly advise our members to purchase.
7. Use and acceptable conduct
You must only use the Content: a) for legal purposes and in accordance with these Terms; b) for marketing activity and must not put the Content behind a paywall or for any other direct money generating activity.
Children and dogs are permitted on Site only if approved in advance and in accordance with a Brief. You remain responsible, to the maximum extent permitted by law, for any children and dogs you bring on Site.
We have a zero tolerance for abuse and harassment of our team. We reserve the right to cancel membership without compensation at our discretion in the event of unwelcome abuse and or harassment of our team.
8. Bookings
To book studio time at one of our Sites:
a) you must, not less than 10 working days before the date you’d like to book the studio, submit a brief (which must include full detail of the content you wish to create and the date you want to content to ‘go-live’);
b) on receipt of a draft brief, Dream Factory will review and advise if any additional information is required; and
c) once the brief is approved (a “Brief”), Dream Factory will confirm the available studio slot and Site as close to the date requested in a) above as reasonably possible (the “Booking”).
d) our internal SLA’s for responding to booking requests are 48 hours (Monday - Friday).
You may cancel a Booking confirmation up to 5 days prior to the proposed Booking time. Any cancellation within 5 days of the Booking time will result in a £250 per hour cancellation fee.
You may also book our venues for event hire through our website. Such bookings and use are strictly subject to our house rules and policies, as updated from time to time.
9. Our rules
You will not use Dream Factory to produce:
a) any Content or information that is unlawful, fraudulent, libellous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights;
b) any non-public information about third party companies without authorization; or
c) any Content that contains material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, or contains any personal contact
information or other personal information identifying any third party;
d) Content that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or
disability.
If we reasonably consider any Content to have been produced in violation of these Terms, we reserve the right to immediately delete the Content and withdraw membership without further further liability to Dream Factory.
10. Our liability
Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities.
You acknowledge and agree that, to the maximum extent permitted by applicable law, your use of the Content and our Sites is at your sole risk. We warrant that we will produce the Content with reasonable care and skill and substantially in accordance with your instructions set out in the Brief. We otherwise exclude all warranties that the Content will be fit for a particular purpose.
To the maximum extent permitted by law, in no event will either party be liable to the other party for any direct, consequential, indirect, incidental, special, punitive, or exemplary damages, including without limitation for loss of use, lost data, lost business or lost profits, arising out of or in connection with the Content or these Terms. In addition, if and to the extent Dream Factory is liable for any direct damages for any claims arising out of or in connection with these Terms then, to the maximum extent permitted by law, the aggregate liability of Dream Factory for such direct damages will be limited to the Fees most recently paid by you.
11. Your personal information
We will use any personal information you provide to us in accordance with our Privacy Policy and Cookie Policy.
12. Expiry or Termination
You may terminate these Terms for convenience at any time by written notice to Dream Factory, however, you will not be entitled to any refund in Fees paid.
These Terms will expire in any year in which a Renewal is not agreed, for any reason.
13. Other terms
If any of these Terms are found to be invalid or unenforceable the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.
Dream Factory will not be responsible and will not pay any compensation where we are prevented or delayed from performing our obligations due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, pandemic (or similar outbreak), adverse weather conditions, acts of terrorism, gas, water or other utilities.
We may transfer or otherwise assign our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not negatively affect your rights under the contract.
In the event of any dispute (contractual or otherwise) between you and us concerning these Terms, the laws of England and Wales will apply. The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this agreement, its subject matter or formation (including non-contractual disputes or claims).
14. Contact
Should you have any questions or wish to give notice to Dream Factory regarding your membership and/or these Terms, please contact us at membership@dreamfactory.ventures