Terms & Conditions
PrivacyPlease 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 AN 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.
- MEDIA: DAN & DAVE MEDIA, located at (http://media.dananddave.com/)
A. As a DAN & DAVE account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, DAN & DAVE does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize DAN & DAVE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to DAN & DAVE, you hereby grant DAN & DAVE a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the DAN & DAVE Website and DAN & DAVE's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the DAN & DAVE Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DAN & DAVE Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the DAN & DAVE Service. You understand and agree, however, that DAN & DAVE may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DAN & DAVE all of the license rights granted herein.
E. You agree that your conduct on the site will comport with the DAN & DAVE Media Guidelines, found at http://www.dananddave.com/terms/media-guidelines.html, which may be updated from time to time.
F. DAN & DAVE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DAN & DAVE expressly disclaims any and all liability in connection with User Submissions. DAN & DAVE does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DAN & DAVE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. DAN & DAVE reserves the right to remove Content and User Submissions without prior notice.
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.
DAN & DAVE sell a variety of different products from venders around the world.
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.
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.
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.
