Welcome to DAN & DAVE (dananddave.com). DAN & DAVE provides its
services to you subject to the following 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 Web
site, you also will be subject to the guidelines and conditions
applicable to such service or business.
Privacy
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 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.DAN &
DAVE.com/MediaGuidelines.php, 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.
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.
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