Terms
Welcome to DAN & DAVE (dananddave.com). DAN & DAVE provides its services to you subject to the following terms and conditions. If you visit our Site or shop at the Store, you accept these conditions. Please read them carefully. In addition, when you use any current or future DAN & DAVE service or visit or purchase from any business affiliated with DAN & DAVE, whether or not included in the DAN & DAVE website, you also will be subject to the terms and conditions applicable to such service or business.
Use of Content» Shipping Policy» ON DEMAND: Terms of Use» Return Policy» LEGAL: Terms & Conditions» LEGAL: Privacy & Security»This website is meant for both the amateur and professional magician as well as the strolling enthusiast. By entering you agree, on moral ground, to not reveal the content.
As an authorized training facility, this website reveals the inner workings of the conjuring arts and is here for those who are interested in the study, practice, and presentation of magical feats. We do not condone exposure in any way so please use the material you find on this site to your advantage.
Ethics: Revealing magic is no different then copying the lyrics of Bono, orplagiarizing Rowling, or illustrating a Picasso. They are all works of art and unless you are the creator you have no right copying their work. We kindly ask that you respect the artists’ on this site and not re-publish or re-teach the methods as your own.
We have been given permission by every artists involved to sell and teach their creations and are notable among the magic community. In other words, we know what we’re doing.
We make every effort to ship your order as quickly as possible. Items ordered together may not necessarily be shipped together. In the event of a delay, you will be notified by email.
Shipping Methods: We offer two shipping methods – USPS & UPS.
DISCLAIMER: The chart is for USPS PRIORITY MAIL ONLY and does not reflect shipping times associated with items shipped FIRST CLASS & FIRST CLASS AIRMAIL. Actual times for these shipping methods can take up to 3 weeks on Overseas orders. With that said we highly recommend paying the few extra dollars to ship PRIORITY.
Orders placed before 1pm ET will be processed and shipped the same day. Orders placed after 1pm will be processed and shipped the next business day unless it’s Friday in which case your order will be processed and shipped on Monday.
International Shipments: All of our products can be shipped to international addresses. Recipients are responsible for all applicable customs duties or taxes in that country, which are collected by the carrier upon delivery. For your convenience each item is marked as “artist supplies” on the customs form to keep duties to a minimum.
Shipping rates are calculated based on the weight of the order and its destination. To determine shipping rates, simply begin the checkout process. Enter the billing and shipping address and proceed to the Shipping & Payment step. Here you can review your order with the shipping and handling charges added before entering your credit card. Click the “Personal Details” button to change your shipping and/or billing address. Your order is not final until you have entered your credit card information and clicked “Submit Order.”
SIGNED MERCHANDISE: If you wish to have your D&D products signed please contact us before placing your order.
For additional information, please contact our Customer Service department.
PLEASE READ THESE TERMS OF USE, ALL RULES AND POLICIES RELATED TO THE D&D ON DEMAND SERVICE ARE OUTLINED BELOW.
The Service:
The D&D On Demand service (the “Service”) offers digital video content (the “Digital Content”). The Service allows you to access and view the Digital Content by streaming technology through a secure gateway on STORE.DANANDDAVE.COM
In order to be able to stream from the Service you will need to login to your STORE.DANANDDAVE.COM account that was created and/or used to purchase the Digital Content.
The Service allows you to pay a fee to view Digital Content an unlimited number of times over an indefinite period of time (“Purchased Digital Content”).
Purchased Digital Content will generally continue to be available to you for streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and DANANDDAVE.COM will not be liable to you if purchased Digital Content becomes unavailable for further streaming.
Terms:
You may not transfer, copy or display the Digital Content, except as permitted in this Agreement.
DANANDDAVE.COM reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice to you, and DANANDDAVE.COM will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
All purchases of Digital Content are final when you click the “Buy Now” button.
DANANDDAVE.COM reserves the right to make changes to this Agreement at any time. Your continued use of the Service following any such changes will constitute your acceptance of such changes.
We want you to be 100% satisfied with your purchase and will go the extra mile to make that happen. If you would like to exchange all or part of your order, we’ll be happy to replace the item(s) within 14 days of shipment. You may return any unused tangible item in its original condition (DVDs must still be in shrink-wrap) for a refund of the purchase price (excluding shipping).
DISCLAIMER: On Demand Content, PDF Downloads, and Instant DVDs are not tangible items therefore you may not return them. All sales on these items are deemed final.
To return, simply download our return slip and ship the package back to us. Please return your item with an insured carrier (UPS, USPS Priority Mail) to protect you in the event the item is damaged or lost in transit. If you used a credit card, you will receive a credit to the same account.
In the event of an exchange, a new order will be placed using the same account.
For additional information, please contact our Customer Service department.
Please review our Privacy Policy, which governs your visit to this Site, to understand our practices.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DAN & DAVE or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of DAN AND DAVE INDUSTRIES, Inc. and protected by U.S. and international copyright laws.
Trademarks
DAN & DAVE; are registered trademarks of DAN AND DAVE INDUSTRIES, Inc. or in the United States and other countries. DAN & DAVE graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of DAN AND DAVE INDUSTRIES, Inc. or its subsidiaries. DAN & DAVE’s trademarks and trade dress may not be used in connection with any product or service that is not DAN & DAVE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DAN & DAVE. All other trademarks not owned by DAN AND DAVE or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DAN & DAVE or its subsidiaries.
License and Site Access
DAN & DAVE grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DAN & DAVE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DAN & DAVE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DAN & DAVE and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing DAN & DAVE’s name or trademarks without the express written consent of DAN & DAVE. Any unauthorized use terminates the permission or license granted by DAN & DAVE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DAN & DAVE so long as the link does not portray DAN & DAVE, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DAN & DAVE Photos logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account(s)
If you use this site, you are responsible for maintaining the confidentiality of your account(s) and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account(s) or password(s).
DAN & DAVE suggest using the same email, username, and password for the account(s) needed to fully experience the features on this Site so as to not confuse matters down the road.
- STORE: DAN & DAVE STORE, located at (http://store.dananddave.com/) does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use DAN & DAVE STORE only with involvement of a parent or guardian. DAN & DAVE STORE and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Copyright Complaints
DAN & DAVE and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
Risk of Loss
All items purchased from DAN & DAVE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Products
DAN & DAVE sell a variety of different products from venders around the world.
Product Descriptions
DAN & DAVE and its affiliates attempt to be as accurate as possible. However, DAN & DAVE does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by DAN & DAVE itself is not as described, your sole remedy is to return it in unused condition. Please see our Return Policy.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by DAN & DAVE. Such links do not constitute an endorsement by DAN & DAVE of those sites. You acknowledge that DAN & DAVE is providing these links to you only as a convenience, and further agree that DAN & DAVE is not responsible for the content of such sites. Your use of other sites is subject to the terms of use and privacy policies located on the linked sites.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by DAN & DAVE, and agree that DAN & DAVE does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that DAN & DAVE has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by DAN & DAVE or its licensors.
_DAN & DAVE, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAN & DAVE SHALL NOT BE LIABLE TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION, OR MATERIAL OR THIRD PARTY CONTENT CONTAINED ON THE SITE. IN NO EVENT SHALL DAN & DAVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF DAN & DAVE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Unauthorized Activities
You acknowledge that your unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold DAN & DAVE entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by DAN & DAVE in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password (including without limitation your participation in any chat rooms) violates any applicable law or regulation, or the rights of any third party.
Additional Rights
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws
DAN & DAVE controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
Restricted Areas of the Site
Certain functions of the Site are restricted to authorized users or require you to provide personal information (“Restricted Areas”). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, if any, and agree to notify DAN & DAVE if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify DAN & DAVE of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
General
DAN & DAVE does not monitor your data or transmissions, yet, DAN & DAVE does actively monitor accounts for system utilization. However, you agree that, in DAN & DAVE’s efforts to promote good citizenship within the Internet community, if DAN & DAVE becomes aware of inappropriate use of the Site or any DAN & DAVE service, DAN & DAVE may respond. You acknowledge that DAN & DAVE will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, DAN & DAVE will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, DAN & DAVE reserves the right to terminate your ability to use the Site without notice. In addition, you agree to terminate your use of the Site upon request. DAN & DAVE’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action.
You agree that DAN & DAVE can revise these Terms at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of DAN & DAVE to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DAN & DAVE in writing. The Terms comprises the entire agreement between you and DAN & DAVE and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
This Privacy Policy describes how we handle your personal information for our services on the DAN & DAVE website.
At DAN & DAVE, we respect and value the privacy of your personal information. We collect information to improve your experience on this Site, and we want you to know that we maintain and use this information responsibly. Here are the details about the information that we collect about you.
Information Collection and Use
DAN & DAVE collects information from our users on our web site, and is the sole owner of this information. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
Registration
To place an order on our web site, a user must register by giving their contact information (such as name and email address). This information is used to contact the user about the services on our site for which they have expressed interest.
Order
We request information from the user on our order form. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fulfill a customer’s order. If we have trouble processing an order, this contact information is used to get in touch with the customer.
Cookies
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates until you return to our site. We leave a cookie on the user’s machine, which will allow the site to recognize the user when they return. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they may still use our site, although the user will be limited in some areas of our site.
Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Sharing
We will share aggregated demographic and trending information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services.
We partner with parties to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Links
This web site may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.
Newsletter
If a user wishes to subscribe to our newsletter, we ask for contact information such as email address. If unsatisfied with our newsletter user may choose to opt-out with no questions asked.
Surveys & Contests
From time to time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as ZIP code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Security
DAN & DAVE takes every precaution to protect our users’ information. When you submit sensitive information via the web site, your information is protected both online and off-line. When you enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry – SSL. While on a secure page, such as our order form, the padlock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ’surfing’. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect customer information off-line. All of our customers’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific task (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment, protected by a firewall.
Supplementation of Information
In order for this Web site to properly fulfill its obligation to our customers, it is necessary for us to supplement the information we receive with information from 3rd party sources.
Special Offers
We send all new members a welcome email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt-out below.
Choice/Opt-out
Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site at the point where we ask for the information.
Users who no longer wish to receive our newsletter or promotional materials from may opt-out of receiving these communications by choosing the un-subscribe option at the bottom of each newsletter.
Users of our site are always notified when their information is being collected by any outside parties other than those mentioned in this privacy policy above. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.
Site and Service Updates
We also send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
Correction/Updating Personal Information
If a user’s personally identifiable information changes (such as your ZIP code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the My Account page, or by emailing or calling Customer Support.
A note about web site errors
Due to high order volume, an item may go out of stock before we’re able to remove it from our site. If this happens, we will notify you personally using the phone number or email address you have provided. Also, although we make every attempt to maintain accuracy, human errors happen from time to time. We cannot honor inaccurate or erroneous price listings. If you see an error, please report it to our Support Center at: http://support.dananddave.com
Privacy Policy Changes
This privacy policy is subject to change without notification. If you are concerned about how your information is used, please check this statement periodically, or please email ddi@dananddave.com if you have further questions.
