Terms and Conditions
Welcome to the Daame website (“the Site,” “we,” or “our”). This site is used as a service to our customers and explains the terms of service (“Terms”) by which you may use our Site. By accessing or using the Site, you agree to follow and to be bound by the Terms below.
Additionally, we reserve the right to modify these Terms at any time without prior notification so please review the Terms periodically for changes. Your use of the Site at anytime constitutes your acceptance of our Terms. If you do not agree with these Terms, please do not use or access the Site. The Terms below applies to all visitors, users, and others who access the Site (“Users”).
DESCRIPTION OF SERVICE
Daame is an online retailer of womenswear products. Membership allows customers to vote on designing each item and to purchase a variety of products, including accessories to basics, exclusively offered to our members only.
You must create an account at Daame.com in order to gain membership services. Membership to Daame.com is free. Membership services are not available to users under the age of 18 or to members who, at our discretion, have been suspended or removed from Daame.com. Members agree to all terms of service and must only create an account if eligible.
By providing Daame your contact information, you consent to receiving Service-related and/or promotional notices, including any notices required by law via postal mail, electronic mail and general site notification from Daame.
You cannot access or use the Daame website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via email and chat or by obscene or abusive language, is strictly forbidden. Although Daame cannot monitor the conduct of its Users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Also, you agree that no comments or other user submissions submitted by you to the Daame website will violate any right of any third party including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain derogatory or otherwise unlawful, abusive or obscene material. You are and will remain responsible for the content of any comments you make.
Daame is committed to providing our customers with high quality products which are sold online only. We have done our best to display our items as accurately as possible on the Site. Please be aware, variations may occur in style, color, size, shape and look. If you are not satisfied with your purchase, please review our Return Policy for further assistance.
CORRECTION OF SITE ERRORS
Daame strives to provide accurate information on the Site. However, the information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to not process or to cancel any orders placed for a product or service as a result of an error. If this occurs, Daame will notify you via email. We apologize for any inconveniences.
User comment, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Daame on or by this Site shall be and remain Daame property (any such materials a user submits, posts, displays or otherwise makes available on the site are referred to as “User Content”). You agree to grant to Daame a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology.
All of the content that appears on the Daame website, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photos, audio, videos, music, and User Content (“Daame Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Daame. Daame grants you a limited license to access and make personal use of the content on this website. Content of the Daame website is intended solely for the personal, noncommercial use by the Users of our Site. For the purpose of the Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdictions.
MEMBER REFERRAL CREDIT PROGRAM
Daame may provide Daame.com members referral credits when members invite their friends to join Daame.com (“Referral Credits”). Referral Credits may be awarded to the referrer when her friends join, as well as when her friends make their first purchases. Referral Credits are granted at Daame’s sole discretion. In order for a member to be eligible to receive Referral Credits for friends joining Daame.com, the new friend must join Daame.com via the referring member’s unique referral link. Referral Credits are loyalty or promotional discounts or credits offered by Daame, and do not constitute an account, a payment instrument or other property owned by any Daame.com member. Referral Credits do not have a cash value, and you may only use Referral Credits in connection with a qualifying purchase on Daame.com. Daame reserves the right to revoke your Referral Credits if Daame determines that you have engaged in fraudulent referral activity (e.g. inviting fake people to join Daame.com) or otherwise violates our Terms, or if we terminate your membership. Referral Credits are not transferable, sellable, are not giftcards, and cannot be used to purchase Daame.com giftcards. Daame.com reserves the right at any time without notice to you to change the terms applicable to the Referral Credits, including your ability to redeem existing Referral Credits, Daame.com does not impose any fee on your use of Referral Credits.
By use of this Site, you agree to indemnify and hold Daame (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use and access to the site, including any data or content transmitted or received by you; (2) your violation of the Terms; (3) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (4) your violation of any applicable law, rule or regulations; (5) any claim or damages that arise as a result of your User Content or any that is submitted via your account; or (6) any other party’s and use of the Site with your username, password or other appropriate security code.
In the event of termination, you will still be bound by your obligations under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. Daame shall not be liable to you or any third-party for any termination of your access.
Daame may use and promote services by outside third parties in an effort in create a user friendly site. However, even if the third party is affiliated with Daame, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk. DAAME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE DAAME WEBSITE AND DAAME WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE (“PRODUCT”), OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (“A LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DAAME DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAAME, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL DAAME BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAAME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (6) USER CONTENT OR THE DEFAMATORY OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DAAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree that the Site shall be deemed solely based in the State of California. This Term shall be governed by the internal substantive law of the State of California, without respect to its conflict of laws principles. You and Daame hereby expressly consent to the exclusive personal jurisdiction of the courts of Santa Clara County, California.
May 1, 2012