Subscriptions renew on a periodic basis, based on the term that you choose (e.g., monthly), at the rate disclosed at the time of purchase and are billed to the payment method associated with your user account up to 48 hours in advance of the current subscription period end date. Discount and promo plans renew at regular rates, unless specified otherwise.
To continue your downloads without interruption, credit packages and subscriptions that you purchase will renew automatically. Until canceled, renewal purchase prices will remain the same as your initial purchase price, except for promo and discount purchases unless otherwise specified, even if credit package or subscription prices are later increased.
You may be given the option to pay for yearly subscription plans in 12 monthly installments. If you elect to be billed in installments, your yearly subscription plan will be billed on a monthly basis for 12 months and payments may only be cancelled after all 12 installments have been collected. As with any other subscription package, at the end of a yearly subscription, your package will automatically renew at the same rate as your initial purchase price for another 12 months unless you cancel the package before the subscription renewal date.
Refunds will not be given for the first subscription fee charged after a promo deal subscription if any Media has been downloaded during the promo deal period. If you elect not to continue your subscription after any trial or promo period, you must cancel your subscription before the renewal charge date, as specified after the purchase and on your "Payment Profiles" page, to avoid paying a fee for the next subscription period. If you do not cancel before the renewal charge date, your account will be charged the periodic fee associated with the chosen subscription.
Subject to the foregoing, you may cancel automatic renewals at any time from your "Payment Profiles" page, but please note that cancellation of a yearly subscription package that has already begun does not cancel the payments due for your yearly subscription until all 12 installments have been collected under the package you selected. If your permitted cancellation request is not received in time, and your credit card is billed despite your desire to cancel your subscription, please contact customer support by phone (+1-615.771.5611) or email so that we may refund your subscription fee, provided you have not yet used any of the download credits associated with such subscription renewal and provided the fee is not the first one charged after a trial or promo subscription. Fees charged to your payment method may be split into multiple charges, the aggregate of which shall not exceed the amount currently due for your particular purchase.
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules and applying the laws in effect in Miami-Dade County, Florida. The term “Dispute” means any controversy or claim arising out of or relating to the Dreamstime website, the services offered through the website, or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and Dreamstime hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Arbitration will take place in Miami-Dade County, Florida exclusively.
You and Dreamstime hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.
The obligation to arbitrate is not binding upon Dreamstime with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and the Site each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.