Terms Agreement

The Daydreamer LA Web Site (the "Site") is an online store where you can purchase clothing provided by Daydreamer ("Daydreamer"), and is available subject to your compliance with the terms and conditions set forth below.  Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Daydreamer.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND DAYDREAMER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

Agreement.  Please read the following information carefully before using this Site. By clicking “I accept” below, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use this Site. Daydreamer reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time,  and by using this Site after the posting of a modification, you accept the modification.  U.S. courts are more likely to uphold an online agreement (including amendments) if the consumer must affirmatively agree.  Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

Disclaimer of Warranties; Limitation of Liability.  THIS SITE, THE MERCHANDISE, AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  These warranties are hereby excluded to the fullest extent permissible by law.  UNDER NO CIRCUMSTANCES SHALL Daydreamer BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE MERCHANDISE.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or the amount paid for your order, whichever is less.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 

Payment.  In using this Site, you agree to pay the amounts owed to Daydreamer via PayPal®, credit card, debit card, amazon pay.  At this time, we are not accepting any other method of payment.

Shipping.  Daydreamer will ship only to addresses located in the United States [including P.O. Boxes]  See our Shipping Policy <https://daydreamerla.com/pages/shipping>.

Merchandise Returns.  Some merchandise sales are FINAL.  See our Returns & Exchanges Policy <https://daydreamerla.com/pages/returns-and-exchanges>.

Privacy.  Personal information transmitted to Daydreamer will be treated in accordance with our Privacy Policy. 

Our Copyrighted Materials; Infringement Claims.  The copyrights in all text, images, screens and other materials provided on this Site (collectively, the "Materials") are owned by Daydreamer and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of Daydreamer or the copyright owner.  Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.  If you believe that any of the Materials infringe on any of your intellectual property rights, please contact Daydreamer immediately at the address provided below.  Except as expressly provided herein, Daydreamer and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright three times. SMS Marketing: We collect personal information including your phone number when you subscribe to Daydreamer SMS marketing updates. When you opt in and with your permission we may send text messages about our store, new products and other updates. Message and data rates may apply. You can unsubscribe at any time.  Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Daydreamer’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.  [link to separate Infringement Notice]

Trademarks.  Trademarks and service marks that may be referred to on this Site are the property of Daydreamer or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of Daydreamer or the Daydreamer logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain Daydreamer’s written permission in advance, although we permit you to use certain designated features of the Site to use our logo as a hyperlink for designated purposes.

Right to Preserve and Disclose.  Daydreamer may preserve all information you provide.  Daydreamer may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:  (a) complete your transaction; (b) comply with legal process; (c) enforce this Agreement; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of Daydreamer, its users and/or the public; or (f) in the event that all or substantially all of Daydreamer’ assets are acquired by a third party.

Prohibited Actions.  You agree not to:  (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) “frame” the Site or any portion thereof or otherwise cause the Site or its contents to appear to be provided by anyone except Daydreamer; (d) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (e) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (h) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site.  Except as expressly provided herein, Daydreamer and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

Issuance of Passwords.  When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the Site.  Passwords may not be shared or used by more than one individual.  It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person.  Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.

Prohibition on Scripts, Bots, Third Parties, etc.  You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.  

Prohibition on Scraping.  You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.

Lost Passwords.  In the event your password is lost or stolen it is your responsibility to notify Daydreamer at the address listed in the “Contact Us” section.

Ownership of Usage Data.  Daydreamer may collect and aggregate data about your usage of the Site, and Daydreamer shall be the sole owner of such information.  

Links.  Although Daydreamer controls a few hyperlinks in the Site, some links within this Site may lead to third-party sites. Daydreamer includes these third-party links solely as a convenience to you.  The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that Daydreamer is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference.  Daydreamer reserves the right to terminate a link to a third party web site at any time.  The third party sites are not controlled by Daydreamer, and may have different terms of use and privacy policies, which Daydreamer encourages you to review.  

Exclusions And Limitations; Consumer Protection Notice.  If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence.  If you are a New Jersey consumer, the terms of “Links” section above do not limit or waive your rights as a consumer under New Jersey law and the provisions in this Agreement  are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.  In any event, Daydreamer reserves all rights, defenses and permissible limitations under the law of your State of residence.  

Must Be At Least 18 Years Old to Use This Site.  At this Site Daydreamer makes no active effort to collect personal information from individuals under the age of eighteen (18).  Daydreamer requires that Site users must be of legal age to enter into agreements.

Site Controlled from United States; Prohibited Persons and Countries.  This Site is controlled from offices within the United States. Daydreamer makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF NEW YORK WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.  YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF NEW YORK IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON. 

You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Arbitration and Class Action Waiver.  Excluding claims for injunctive or other equitable relief, for claims related to the Site, including any goods or services purchased through the Site, any dispute or controversy arising out of or relating to this Agreement, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act and in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect.  There shall be no right or authority for any claims to be arbitrated on a class action basis.  The arbitration shall take place in Los Angeles, California or at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS.  The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who  shall be independent and impartial.  If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator.  The arbitration shall be conducted in the English language.  The decision of the arbitrator will be final and binding on the parties.  Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including  reasonable attorney’s fees, to the prevailing party.  Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Daydreamer. The Notice must be postmarked no later than thirty (30) days after the date you accept this Agreement for the first time. The Notice must be mailed to 1919 E 7th Place, Unit a, Los Angeles, CA, 90021  to the attention of Management. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of this Agreement, or any previous or future arbitration agreements that you have entered into with Daydreamer.]

Not Authorized to Do Business In Every Jurisdiction.  Daydreamer is not authorized to do business in every jurisdiction.  Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country. 

Entire Agreement; Severability.  You acknowledge that you have read and understood this Agreement and that you agree to be bound by its terms and conditions.  You further agree that this Agreement, together with the Privacy Policy, which is hereby incorporated into this Agreement by reference, constitute the complete and exclusive statement of the Agreement between you and Daydreamer and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement.  If any provision of this Agreement is found unenforceable, it shall not affect the validity of this Agreement, which shall remain valid and enforceable according to its terms.

Contact Us 

For further information, or inquiries about this Agreement, please contact:

Daydreamer

1919 E 7th Place, Unit A, Los Angeles, CA 90021

Info@daydreamerla.com

July 2020

I am of legal age to enter into this Agreement. 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:

Service Provider(s): Bluebird & Co Inc

Name of Agent Designated to Receive: Head of Ecommerce

Notification of Claimed Infringement: Head of Ecommerce

Full Address of Designated Agent to

Which Notification Should be Sent: 1919 E 7th Place, Unit A, Los Angeles, CA, 90021

Telephone Number of Designated Agent: 213-687-7072

Facsimile Number of Designated Agent: NONE

Email Address of Designated Agent: info@daydreamerla.com

Bluebird & Co Inc. DMCA-1034028 

To be effective, the Notification must include the following: 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.