Terms of Service


Last updated: June 26, 2017

Welcome to DAAME! These Terms of Service (these “Terms of Service”) and the DAAME Privacy Policy (the “Privacy Policy”) govern your (“you” or “your”) access to and use of the DAAME website at www.daame.com (the “Website”) and all services provided by DAAME via the Website (collectively, the “Services”). The Website and the Services are provided by DAAME LLC (“DAAME”, “we” “us” or “our”).

 

  1. Acceptance of Terms.

    Please read these Terms of Service carefully, as they may have changed since your last visit. The Website may contain, and DAAME reserves the right to post, additional terms and policies governing your access to and use of our Website and Services and all such terms and policies are hereby incorporated by reference into this Terms of Service. In the event of a conflict between such terms and policies and this Terms of Service, the terms and policies on the Website shall govern. By accessing or using our Website or Services, you indicate your unconditional acceptance of, and agree to be bound by, these Terms of Service. If you do not accept these Terms of Service, or any changes thereof, then do not use or continue to use the Services or the Website.

  2. Scope of Services.

    DAAME maintains the Website as a service to the user community that visits the Website. You are responsible for obtaining any equipment and internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Website or the Services in whole or in part, at any time and for any reason, without notice or liability to you. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

  3. Website Content and Notification.

  4. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person or entity for display on the Website or through the Services. DAAME hereby grants you a personal, non-transferable, revocable, non-exclusive license to access and use the Content of the Website and the Services solely for your personal use, subject to these Terms of Service and any other Terms of Service or licenses governing the Content. DAAME may terminate such license at any time for any reason or no reason. Some of the Content on our Website is trademarked or copyrighted by third parties and displayed to you under license and you agree to be bound by any such license. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to content, descriptions or specifications or other information of the Content, without obligation to issue any notice of such changes. As a user of the Website or our Services, you consent to the receipt of emails or other notifications from us, including without limitation any notices required by law, in lieu of communication by postal mail. You may opt-out from receiving such email by emailing selecting unsubscribe as may be provided in the applicable e-mail correspondence. Except for the Content submitted by you or our other users, all Content contained on the Website are the properties of DAAME and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
  • Content Submitted by You.

    DAAME does not claim ownership of any materials you submit to us or make available through the Website. You hereby grant DAAME a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works of, and sublicense such materials or any part of such materials. You hereby represent and warrant that any such materials do not (a) include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant DAAME the license specified above or (b) contain libelous or otherwise unlawful, abusive or obscene material. DAAME will be entitled to use any materials submitted by you without incurring obligations of confidentiality, attribution or compensation to you. You also agree that DAAME is free to use, sell, and/or disclose any ideas, concepts, know-how, or techniques that you send us for any purpose, without any compensation to you.

    If you choose to provide information to register for or participate in a service, event, or promotion on the Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested by us.

  • Content Submitted by Users.

    We are not responsible or liable for the conduct of users on our Website or for any views, opinions and statements expressed in Content submitted for public display through our Website. We do not prescreen the Content posted to our Website by third parties and are not responsible for any such Content. Any opinions, advice, statements, services, offers, or other information in such Content expressed or made available are those of the respective author(s) or distributor(s) and not of DAAME. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. Users are responsible for ensuring that the Content submitted to the Website by them are not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity.

  • Monitoring

    You are solely responsible for your interactions with other users of the Website and/or Services. We reserve the right, but have no obligation, to monitor disputes between you and any such other users. DAAME shall have no liability for your interactions with any such other users, or for such user's action or inaction.

    We reserve the right, but have no obligation, to monitor the Content, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right to remove or edit any Content that DAAME, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable.

  1. User Account.

    You may register with the Website by providing certain truthful information about you, as specified on the Website. All information that you provide to DAAME is subject to the Privacy Policy. You do not have to register with our Website, but not all functions or areas of Website may be made available to you if you do not register.

    You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activities that occur on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

    We may terminate or suspend your access to or use of our Website or Services in our sole discretion, for any reason and at any time, with or without prior notice. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

  2. Orders and Payments.

    Our products are sold online only at limited quantities and availabilities. We have done our best to display our items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur. Subject to any order placement and/or fulfillment policy set forth on the Website, DAAME has sole discretion with respect to whether and how any order for our products you place with us will be fulfilled.

    You shall promptly pay us for any order of our products or services that you make through our Website or Services, but in no event later than the date or time period we listed on the Website or in our notice to you. We reserve the rights to (a) charge you any applicable sales taxes for any order of our products that you place with us (b) accept or reject any request for returns or refunds at our sole discretion and (c) charge you return shipping for any returned items.

    All information that you provide to register with DAAME including your credit card information is subject to the Privacy Policy. By submitting your credit card information, you grant DAAME the right to store and process your information through a third party payment service, which DAAME may change from time to time. You agree that DAAME will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of the third party payment provider in addition to these Terms of Service. You acknowledge that we may change the third party payment service and move your information to other service providers.

    For information about our shipping and returns, see here.

  3. Loyalty Program

    Under the DAAME Loyalty Program, if you refer DAAME to another user through your unique invite link and the user purchases a DAAME product through the Website, you and the other user will each receive a $15.00 credit in your account for future use (“Loyalty Credits”). Your accrued Loyalty Credits are available to view in your account and you can use your Loyalty Credits at checkout toward the purchase of DAAME products. Loyalty Credits do not constitute personal property, have no cash value and may not be exchanged for cash. Loyalty Credits may not be transferred to other users. You are solely responsible for determining and complying with any tax obligations associated with the Loyalty Credits. Loyalty Credits may only be applied to an order of greater value than the Loyalty Credits itself. A maximum of $15.00 in Loyalty Credits may be used per order. Other terms and conditions may apply, as displayed at the time of purchase. DAAME reserves the right to terminate a user’s membership account and cancel accrued Loyalty Credits if DAAME believes, in its sole discretion, that the member is abusing the Loyalty Credits, has misrepresented any information furnished to DAAME or is in violation of this Agreement. DAAME has the right to terminate the Loyalty Credits program at any time. In that event, the ability to earn Loyalty Credits will end immediately and the ability to redeem Loyalty Credits may end ninety (90) days after notification. In addition, DAAME may terminate the Program effective immediately, in whole or in part, in any jurisdiction(s) to the extent required to do so by applicable law, rule or regulation.

  4. Links to Third-Party Websites.

    The Website may contain links to third party websites that are provided to you as a convenience. Any outside websites accessed from our Website is independent from DAAME, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party website.

  5. No Implied Endorsements.

    In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by DAAME of that third party or of any product or service provided by a third party. DAAME does not endorse, warrant or guarantee any product or service offered by any third party through the Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services.

  6. Prohibited Conduct.

    By accessing our Website or the Services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website to:

    • Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, in each case as determined by DAAME;
    • Use a name or language that DAAME, in its sole discretion, deems offensive;
    • Post defamatory statements;
    • Post hateful or racially or ethnically objectionable Content;
    • Post Content which infringes another's copyright, trademark or trade secret;
    • Post unsolicited advertising or unlawfully promote products or services;
    • Harass, threaten or intentionally embarrass or cause distress to another person or entity;
    • Impersonate another person;
    • Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
    • Engage in disruptive activity;
    • Introduce viruses, worms, Trojan horses and/or harmful code to the Website;
    • Obtain unauthorized access to any computer system through the Website;
    • Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);
    • Solicit personal information from children under 13 years of age;
    • Violate any federal, state, local, or international law or regulation;
    • Encourage conduct that would constitute a criminal or civil offense; or
    • Access (or attempt to access) the Website or any of the Services through any automated means (including use of scripts or web crawlers).
  7. Copyright Infringement; Notice and Take Down Procedures.
    If you believe that any Content infringes your copyright, you may request that it be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the Content, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the Content is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.
    1. Disclaimer of Warranty.

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, WEBSITE, AND CONTENT ON OR ACCESSIBLE FROM THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DAAME DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE WEBSITE IS ACCURATE OR FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES PROVIDED BY THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, (v) THE PRODUCTS APPEAR SIMILAR TO THEIR APPEARANCE IN REAL LIFE; (vi) THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (vii) WE HAVE ADEQUATE INVENTORY TO FULFILL YOUR ORDER FOR OUR PRODUCTS; (viii) WE WILL FULFILL OR BE OBLIGATED TO FULFILL ANY ORDER FOR OUR PRODUCTS YOU PLACE THROUGH THE WEBSITE OR USING THE SERVICES; OR (ix) PRODUCTS WILL BE DELIVERED WITHIN THE DELIVERY TIME OR ESTIMATED DELIVERY TIME INDICATED BY DAAME.

    2. Indemnification.
      By using the Website or our Services, you agree to indemnify, hold harmless and defend DAAME from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with the materials you submit to the Website(s) or use of the Website, Content, or Services by you or any person using your member login account.
    3. Limitation of Liability.

      IN NO EVENT SHALL DAAME OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE, THE CONTENT, THE SERVICES, OR ANY INFORMATION CONTAINED THEREON OR THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

    4. Minors.

      The Website and the Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use the Website and the Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities of such individual under the age of 18.

    5. International Access.

      The Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties.

    6. Enforcement.

      These Terms of Service shall be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law.

      All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in the Northern District of California, California, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of California or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.

    7. Severability.

      If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

    8. Entire Agreement and Amendment.

      These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

    9. Assignment.

      These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DAAME without restriction. Any assignment contrary to this section shall be void.

    10. Waiver.

      No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DAAME’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

    11. Survival.

      Upon termination of these Terms of Service or your access to the Services or Website for any reason or no reason, you will continue to be bound by these Terms of Service which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

    12. Additional Information.

      If you have any questions about these Terms of Service, please contact hello@daame.com.

      Copyright 2017, DAAME LLC. All Rights Reserved.