Terms of Service

 

These Terms of Service (the “Terms) govern your use of the websites, software applications, and other online services (collectively, “Services”) provided by DADAMA (“Dadama” or “we”). The Services include, but are not limited to, the website located at www.dadamausa.com, as well as any other online property that links to these Terms.

These Terms contain provisions that limit our liability to you and require you to resolve disputes individually, through final and binding arbitration.  That means that you waive any right to have a judge or jury decide your case and that you cannot bring claims in a class action lawsuit (or any similar proceeding).   Please see “Disclaimers”, “Limitation of Liability” and “Governing Law and Dispute Resolution” below for more information.

Changes

We may make changes to these Terms at any time by posting them on the Services.  Any changes will be effective at the time of posting.

Offers

You will find coupons, deals, advertisements and other offers on the Services (“Offers”). Offers are for products and services provided by third parties (each, a “Seller”), and if you choose to accept an Offer, the transaction will be between you and the Seller.

DADAMA has relationships with certain Sellers, and we may get paid by brands or deals, including for promoted items.  DADAMA is not a party to, or in any way responsible for, your interactions with a Seller, including when we have an affiliate relationship with the Seller.  We are not responsible for fulfilling Offers or for the products and services in an Offer.

Before you purchase a product or service or otherwise accept an Offer, please read the entire description of the Offer, including the fine print and any additional information, terms and conditions on the Seller’s website.  You are responsible for understanding what you are buying and for following the Seller’s instructions.  The terms and conditions of Offers, including rebate, refund and cancellation policies, are governed by the Seller’s policies, not ours.  Please contact the Seller directly for questions regarding the Offer or your transaction with the Seller.

Your Content

Our Services may let you post content, including photos, images, comments, links, Offers, and other materials. Anything that you post or otherwise make available on or via the Services (including (1) content that you share to your social media accounts from the Services and (2) content that includes a DADAMA tag) or on our accounts on third-party platforms (e.g., Twitter, app stores) are referred to as “User Content.”  User Content also includes your publicly visible profile, including your user name and other information about you and your account that is associated with your post.

When you post User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the User Content, and that to the best of your knowledge, the User Content complies with all applicable laws.

As between you and DADAMA, aside from the limited license described below, you retain all rights in the User Content.  You grant DADAMA, its affiliates and its business partners (including Sellers and content syndicators) a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, move the location of, create derivative works of, perform, and distribute your User Content on the Services, third-party sites (e.g., under our accounts or our business partners’ accounts with social networking sites and apps or on our business partners’ websites and apps) and any other medium which now exists or may exist in the future. Nothing in these Terms shall restrict other legal rights DADAMA may have to User Content.

We are not obligated to review or monitor User Content, but we reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

We do not guarantee how quickly your User Content will appear on the Services or whether, how and where it will appear. We reserve the exclusive right to describe, categorize and place Offers in our sole discretion.

We value hearing from you, and are always interested in learning about ways we can improve the Services. If you choose to submit comments, ideas or feedback, whether via the Services or any third-party platform (e.g., Twitter, the Apple App Store or Google Play Store), you agree that we may use them without restriction and without any compensation, attribution or accounting to you.

Community Standards

In addition to your other responsibilities under these Terms, you must comply with the following:

  • Do not use the Services, including our site, if you are under age 16.
  • You must abide by all applicable laws, refrain from violating any third-party rights and comply with any applicable third-party terms and agreements in connection with your use of the Services.
  • You must comply with all policies posted on the Services.
  • You must provide accurate and honest information to us at all times, including in your User Content.
  • Do not reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services or any portion of the Services.
  • Do not derive the source code of the Services for any reason.
  • Do not rent, sell or sublicense any of the Services.
  • Do not damage, interfere with, disrupt or unreasonably overload the Services.

Do not offer or accept compensation for voting on a deal.

Our Content and Proprietary Rights

Do not copy, repurpose or distribute any content found on the Services, including other users’ User Content and Offers, for any purpose, without our express written permission. For example, do not copy or display Offers via any other website or app. Unless we have given you express written permission, you specifically agree not to access (or attempt to access) any of the Services via any automated means (including scripts, web crawlers or other bots) and to comply with the instructions set out in any robots.txt file present on the Services.  Except as set forth in these Terms, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. The name “DADAMA” and other DADAMA marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of DADAMA in the U.S. and other countries. They may not be used without our express written prior permission. All rights not granted under these Terms are reserved by us.

Infringement

We respect intellectual property rights, and expect our users to do the same.   If you believe that your intellectual property rights have been violated, please inform us.

Contact Information

You agree that we may communicate with you using any contact information you have provided us (e.g., email, mobile number, physical address). You may opt out of some of those communications.

Privacy Policy

Our Privacy Policy can be found here: https://dadamausa.com/privacy-policy.html

Indemnity

You will indemnify, defend, and hold harmless DADAMA and its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, Sellers and representatives and the other users of the Services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Services or your User Content.  We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.  You agree to cooperate with our defense of such claims.

DISCLAIMERS

DADAMA is not a party to the transactions between you and a Seller.  We do not control the
terms of the Offers or the
products or services associated with Offers, including their availability or
Sellers’
right to sell them.  We do not guarantee the truth or accuracy of the Offers.

DADAMA disclaims any warranty or obligation that it will monitor, verify, edit, remove or continue to display any Offers and/or User Content and all liability for monitoring, verifying, editing, removing or continuing to display any Offers and/or User Content.

We provide the Services “as is” and “as available” without any warranties, whether express, implied or statutory.  We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement.  The Covered Entities do not make any representation as to the potential
savings,
revenues or other benefits you may realize by using the Services.

The Services
and User Content contain
links to third-party websites, apps and other online properties that are not owned or controlled by DADAMA.
For example, if you click on the link in an Offer, you are visiting a third party site and interacting directly with that third party.
We do not endorse or assume any responsibility for any such third parties or third-party properties. If you access a third
–
party website, app or other property, you do so at your own risk and you agree that DADAMA will have no liability arising from your use of any such properties.

Please note that some jurisdictions do not allow disclaimers of certain warranties or exclusions, so some or all of these disclaimers and exclusions may not apply to you.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Covered Entities shall not be liable for any direct, consequential, incidental, indirect, special, punitive or other damages (including but not limited to lost profits, business interruption or loss of business information) arising out of or related to these Terms, the Services, any User Content or the use of or inability to use the Services, even if we have been advised of the possibility of such damages.  If the foregoing limitation is not legally enforceable, the maximum liability of all Covered Entities collectively, for all actions arising out of or related to these Terms, the Privacy Policy, and the Services is followed by law.  Some jurisdictions do not allow limits of liability for some types of damages, so all or part of this limitation may not apply to you.

Governing Law and Dispute Resolution

The laws of the State of California, excluding conflict of laws rules, will exclusively govern any dispute relating to these Terms and/or the Services.  Except for the arbitration provisions below, all claims and disputes can be litigated only in the federal or state courts in Los Angeles County, California, and you and DADAMA each agree to personal jurisdiction in those courts.  Any claim arising out of or related to these Terms must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.

Unless you opt out, you and DADAMA will resolve all claims relating to these Terms or the Services through final and binding arbitration with the American Arbitration Association (including disputes about these arbitration provisions).  The arbitration will be conducted by a single arbitrator under the AAA’s Commercial Arbitration Rules, in the United States county where you live or work, Los Angeles, CA, or any other location we agree to.

You can opt out of arbitration by sending a request to our email below. The email must be marked “LEGAL NOTICE: ARBITRATION OPT OUT” in the subject line and received within 30 days of the date that you first access the Services.  You must include all information necessary for us to identify you.  Once you opt out, your opt out will remain binding even if we update these Terms.

Some claims do not have to go to arbitration: claims that qualify for small claims court, lawsuits for injunctive relief and claims of intellectual property infringement.

Miscellaneous

  • These Terms incorporate any policy that is posted on the Services, including our Acceptable Use Policy and our Terms and Conditions for DADAMA Giveaways, Promotions and Offers.
  • We will be entitled to recover all costs, including attorneys’ fees, that we incur in order to enforce these Terms.
  • Any notices required or permitted by these Terms (other than legal process) may be given by email with the proviso that we will email your account address and you will email us at [email protected]. Email notices will be deemed effective 24 hours after the time of sending.  Mailed notices will be deemed effective three calendar days after the date of mailing.
  • You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
  • You cannot assign your rights under these Terms without our written agreement. We can assign our rights and obligations to any entity or entities that agree to be bound by these Terms.
  • You represent and warrant that (1) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; and (2) you are not listed on any US government list of prohibited or restricted parties.
  • The Terms (including all policies incorporated by reference) are the entire agreement between you and DADAMA. They replace any other agreement between us on this subject.  If any provision of these Terms is deemed invalid, then that provision will be revised, limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.  No waiver will be effective unless it is described in an explicit writing and signed by DADAMA.
  • If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.