I. GENERAL TERMS AND CONDITIONS
Changes to the Agreement and Additional rules of usage
From time to time, we will make changes to this Agreement. In addition, we may post additional rules of usage that apply to specific parts of our website. In light of those anticipated changes and additions, you should review this Agreement often. Your continued use of our website and/or Services indicates your acceptance of any such changes and additions.
Ownership of the website and Site Information
wedaredtodream.com is owned and operated by We Dared to Dream. We may, without notice and at any time and for any reason, terminate wedaredtodream.com or any portion thereof or any products or Services offered through wedaredtodream.com. Unless otherwise noted, the design and content features on wedaredtodream.com, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by We Dared to Dream or its affiliates or are licensed from third party service providers. The site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
Site Information is provided “As Is”
Site Information is provided “as is” with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. We Dared to Dream may change, delete or update any Site Information at any time and without prior notice.
Third party linkages
Referral source only
Neither We Dared to Dream nor its third party service providers make any warranties with respect to any of the merchandise featured or referenced on our website. If you wish to purchase a product viewed on our website, we will forward you to the applicable retailer or ecommerce service provider for placement and processing of the order. The sales transaction will occur and be consummated on the retailer’s or service provider’s website and not on wedaredtodream.com. We Dared to Dream is not a party to the sales transaction. If you have a problem with any merchandise or service you purchased from that retailer or ecommerce provider, you need to contact that retailer or ecommerce provider directly for information regarding returns and exchanges, warranties, or customer service.
II. YOUR USE OF THE WEBSITE AND SERVICES
Eligibility to use the website and Services
Our website and Services are not intended for users under the age of 18. To register for any Services offered on wedaredtodream.com, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use wedaredtodream.com in conjunction with your parents or guardians.
Use of the website and Services by you
Once registered to use our website and Services, your right to use the website and Services is personal to you. You may not authorize others to use our website and Services. You are responsible for your use of the website and Services and are responsible for the use by others whom you have permitted to use, or have provided access to, the website and Services. You agree to use the website and Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Non-commercial use only
wedaredtodream.com is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use our website, Services, or Site Information for any purpose. You agree not to make unauthorized use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or We Dared to Dream. Illegal and/or unauthorized uses of the site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Content provided by you
We may from time to time make available to registered users certain portions of our website, such as social networking, chat rooms, review areas or bulletin boards (the “Public Areas”) into which users may post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials (“Content”). If you post any Content to any portion of wedaredtodream.com, you agree not to post any unacceptable Content (“Unacceptable Content”). Unacceptable Content includes, but is not limited to, Content that is:
- Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
- Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
- Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy;
- Offers or disseminates any fraudulent goods, services, schemes or promotions, including any “make money fast” schemes or pyramid schemes;
- Is libelous, defamatory, or knowingly false or misrepresents another person;
- Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
- Includes any material that is encrypted or that involves the transmission of “junk mail,” unsolicited mass mailing or spamming, or unauthorized advertising;
- Is harmful to We Dared to Dream’s or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
- Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
- Consists of any other Content that We Dared to Dream in its sole discretion deems to be Unacceptable Content.
Our use of Content supplied by you
By posting Content or engaging in any other form of communication through wedaredtodream.com, you grant We Dared to Dream, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit, and distribute such Content or communication and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes such as advertising. To the extent we find that any such Content or communication is suitable for use as an endorsement of our website or Services, you agree that we may use that Content or communication for advertising purposes and to attribute the Content or communication to you.
Suspension or termination of your use
We may suspend or terminate your access to our Services without notice should you fail to adhere to one or more terms or conditions of this Agreement or should you infringe our or anyone else’s intellectual property rights in any Site Information. We reserve the right, moreover, to terminate, without notice or cause, any user’s right to use our Services, and to also seek all other remedies available should you fail to adhere to one or more terms and conditions of this Agreement.
Personally Identifiable Information
Non-Personally Identifiable Information
We also collect non-personally identifiable information relating to you when you visit our website and when you register, sign-in, search, fill out a profile or survey, or request our e-mail newsletters. We may use this non-personally identifiable information for various purposes, including, but not limited to (1) facilitate your use of our website, (2) address security issues, (3) track usage and traffic patterns of the website, (4) describe our customer audience, products and services, and (5) to develop partnerships with third parties in order to offer additional products and services our customers may be interested in purchasing.
Third party use of tracking devices
We may use third-party advertising companies to serve advertisements on wedaredtodream.com. These companies may employ cookies and action tags (also known as single pixel gifs or Web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is not connected to personally identifiable information, such as your name and e-mail address.
Posting of information in Public Areas
All information that you disclose in Public Areas may be viewed, collected, and used by anyone. We urge you to protect your privacy by not disclosing in Public Areas any personally identifiable information such as your home address or telephone number. You acknowledge that your posting of information in Public Areas is at your own risk. You agree that We Dared to Dream and its third party service providers are not responsible, and shall have no liability, with respect to any information you post, or permit others to post, on wedaredtodream.com, including any Unacceptable Content. We Dared to Dream and its affiliates and third party service providers shall not be liable to you or any third party for any direct, indirect, special, consequential, or punitive damages arising out of your posting or using any information on wedaredtodream.com.
When you register with wedaredtodream.com, you can choose not to receive information about merchandise, services, and special promotional offers from us by e-mail. If you elect not to receive such product marketing information by e-mail, we may still contact you as necessary to service your account.
Mergers, acquisitions, and bankruptcy
IV. DISCLAIMER OF WARRANTIES AND INDEMNITY
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT YOU ARE USING OUR SITE AND SERVICES AT YOUR OWN RISK. OUR SITE, SITE INFORMATION AND SERVICES ARE PROVIDED “AS IS.”
TO THE FULL EXTENT PERMITTED BY LAW, WE DARED TO DREAM, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS, OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM.
WE DARED TO DREAM, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF WEDAREDTODREAM.COM.
WE DARED TO DREAM, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT (I) THE SITE AND ITS SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND ITS SERVICES WILL BE ACCURATE OR RELIABLE, AND (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH USE OF THE SITE AND ITS SERVICES WILL MEET YOUR EXPECTATIONS.
WE DARED TO DREAM, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH WEDAREDTODREAM.COM, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO WEDAREDTODREAM.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE WE DARED TO DREAM, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You agree to indemnify We Dared to Dream and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable attorneys’ fees) which may arise from your Content submissions, from your unauthorized use of the Services or Site Information or from your breach of this Agreement.
You agree to receive communications from us electronically by e-mail or by posting notices on wedaredtodream.com. We will not be liable, however, for ensuring the receipt of, or the timeliness of response to, any e-mail communications from you to us. E-mail communications are not 100% reliable and we assume no responsibility for undelivered e-mail due to typographical, technical, server or any other reason. You agree that all agreements, notices, disclosures, and other communications we send to you electronically satisfies any and all legal requirements that such communications be in writing.
Content posted by others
We Dared to Dream does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on wedaredtodream.com. Any Content placed on wedaredtodream.com, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of We Dared to Dream or its third party service providers. We Dared to Dream reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on wedaredtodream.com, in its sole discretion, without notice. You agree that We Dared to Dream and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to wedaredtodream.com by others, including Unacceptable Content that violates this Agreement.
No intellectual property rights transferred
You may view and use the Site Information only for your personal needs. Except as set forth in this Agreement, wedaredtodream.com does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process any Site Information.
If you believe that your work has been copied and is accessible on wedaredtodream.com in a way that constitutes copyright infringement, or that wedaredtodream.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the information required by the Digital Millennium Copyright Act, 17 USC Section 512, to We Dared to Dream’s address set forth below, to the attention of “We Dared to Dream Copyright Agent.”
We Dared to Dream
1831 Solano Avenue, #7231
Berkeley CA 94707-0231
Trademark notice “We Dared to Dream” and “WeDaredtoDream.com” and the We Dared to Dream and WeDaredtoDream.com logos are trademarks of We DaredtoDream.com. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
Jurisdiction and governing law
We Dared to Dream makes no representation that the Site Information, the Services, or products offered through wedaredtodream.com are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services, and products offered through wedaredtodream.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California, except its choice of law rules, and any action based on or alleging a breach of this Agreement, or relating to or arising out of your use of our website or Services, must be brought in a court of competent jurisdiction located in northern California. Both you and We Dared to Dream agree to submit to the exclusive personal jurisdiction and venue of such courts.
WEDAREDTODREAM.COM is intended for use by residents in the United States
wedaredtodream.com is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of wedaredtodream.com, by visiting our website, using our Services and/or providing us with any Content, you agree to comply with all U.S. federal and state laws governing the site, our Services, your online conduct, and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Not substantively or procedurally unconscionable
We are always striving to make our website and Services more responsive to your needs. Please contact us at firstname.lastname@example.org if you have any questions about this Agreement or our Services.