Terms of Services
Thank you for visiting www.DadHats2ow6ix.com (the “Services”). Through this Services and related Social Media accounts, including without limitation Facebook™, Snapchat™, and Instagram™, DadHats2ow6ix, Inc. (“DadHats2ow6ix,” “We,” “Us,” “Our”) make available a variety of fashion-forward clothing and accessories on wholesale and retail basis (the “Services”) in exchange for payment by you.
These Terms of Service (“Terms”) govern your use of the Services. DadHats2ow6ix, may, from time to time, introduce new products and services. To the extent that these Terms of Service apply to the new products and services, we will notify you as described below.
By accessing or otherwise using DadHats2ow6ix Services, you agree to the Terms. As far as it is consistent with applicable laws and regulations, you also agree and consent to functionalities and information practices of the Services. If you do not agree to any part of the Terms, you must not access or use the Services.
- You are responsible for all activities that occur under your account. You are responsible for maintaining the security and confidentiality of your username and password, and you are liable for any harm resulting from the disclosure of such. In the event of a breach of security of your account, you will remain liable for any damage, including but not limited to, any direct, indirect or actual damages that may be caused by the unauthorized use.
- You agree to notify us immediately of any unauthorized use of your username or password or account, or any other known or suspected breach of security.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability.
- You may use DadHats2ow6ix only if you can form a binding contract with us, and are not a person barred from using the Services under the laws of the United States or other applicable jurisdiction.
- You represent and warrant that: (i) you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and (ii) are fully able and competent, and have the legal power, capacity and authority, to enter into these Terms and to abide by and comply with it.
- In any event, if you are under 13, you are not permitted to use the Services.
Products and Services
- Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
- All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- We reserve the right to limit the quantities of any products or services that we offer.
- We reserve the right to refuse any order you place with us.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Restrictions on Use
- You agree not to submit, as part of your use of DadHats2ow6ix, any material that is illegal, misleading, defamatory, indecent, obscene, in poor taste, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable.
- You may not use DadHats2ow6ix for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation.
- When you access or use DadHats2ow6ix, you obtain access to various kinds of information and materials. Services Content will include information and materials posted to a public area of the Services.
- We have not reviewed and cannot review all of the materials posted in DadHats2ow6ix, and cannot therefore be responsible for that material’s content, use or effects. By operating DadHats2ow6ix, we do not represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful or non-harmful.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. We disclaim any responsibility for any harm resulting from the use by visitors of or from any downloading by those visitors of such content.
- Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us.
- We do not give your content or information to advertisers without your consent.
- We reserve the right to create, change or delete the content, frequency, duration, target, positioning and use of the advertisements in our sole discretion without notice.
- You agree not to, in any way, block, hide or alter the advertisements. We reserve the right to delete your account and suspend your use of DadHats2ow6ix if we, for any reason, believe that you have attempted or have been successful in blocking, hiding or altering the advertisements in any way.
- The Services is protected by copyright laws, international copyright treaties, and all other applicable intellectual property laws. We own the title, copyright and other intellectual property rights in the Services. Our name, logos, and the names associated with the Services are our trademarks and may not be used without our prior written consent.
- Other names and logos that you may see in connection with the Services or on the Services are owned by third parties and may not be used without their prior written consent.
Copyright Infringement and DMCA Policy
- As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify DadHats2ow6ix in accordance with the Digital Millennium Copyright Act (DMCA). We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of DadHats2ow6ix or others, we may, in our discretion, terminate or deny access to and use of the Services. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
Limitation of Liability, Disclaimer of Warranty
- YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF THE STORE IS AT YOUR SOLE RISK. NEITHER WE, OUR EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE, WARRANT THAT THE STORE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THE AFORESAID MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STORE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH THE STORE. NEITHER US NOR ANY OF OUR INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT ACCESS WILL BE AVAILABLE FROM YOUR LOCATION.
- EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE STORE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, OUR EMPLOYEES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
- UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE STORE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE STORE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH THE STORE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, TRANSMISSION, BREACH, COMPROMISE, HACK ATTACK, D.O.S., DATA THEFT, DATA LOSS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR STORE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OUR LIABILITY IS HEREBY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- You are entirely responsible for each individual item (your “User Content”) that you post or otherwise make publicly available on the Services. As between you and us, you retain ownership and any intellectual property rights in any copyrighted materials that are contained in the User Content.
- You grant us a non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license, under any and all of your copyright and other intellectual property rights related to that User Content. You agree that any such User Content or any derivative works thereof (other than personally identifiable information about you), may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers.
- You agree not to revise User Content posted by others.
- We may, but are not obligated to terminate your account and/or remove User Content from the Services if we determine or suspect that you or your Content violates these Terms or the applicable agreement with the offending user(s). User Data
European Union Customers
- This Section will apply only if you are located in the European Union. If you want to enter into EU standard contractual clauses with us as it relates to our processing of your information, you may request a Data Processing Addendum (“DPA”) DPA Request Form, and a pre-signed DPA will be transmitted to you for execution.
- If your User Content is subject to EU data protection laws and is processed by us as a data processor acting on your behalf (in your capacity as data controller), we will use and process your User Content in order to provide our products and fulfill our obligations under these Terms, and in accordance with your instructions as represented in this agreement.
- In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback (collectively "Feedback"), you agree that we may use the Feedback to modify our products and services, and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback.
- You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true with Feedback you provide to us through any method of communication with us, unless we have entered into a separate agreement with you that provide otherwise.
Your Warranties and Indemnifications
- We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically.
- For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights.
- You may withdraw your consent to receive Communications electronically by contacting us. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent.
- DadHats2ow6ix is subject to export restrictions by the United States government and import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your access to or use of DadHats2ow6ix. You shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of DadHats2ow6ix or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of the United States or any foreign government, agency or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list and (ii) that none of User Content or User Data is controlled under the US International Traffic in Arms Regulations. DadHats2ow6ix may not be used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the United States government.
Termination and Suspension
- We may terminate or suspend your Account and/or your access to DadHats2ow6ix, without prior notice and without liability, for any or no reason, including if we determine in good faith that: (a) you have violated these Terms, (b) you have infringed third party rights or any applicable laws, rules or regulations, (c) you are no longer actively using DadHats2ow6ix, or (d) you have failed to pay fees owed to us. These remedies are in addition to any other remedies we may have at law, in equity or otherwise.
- We will make a reasonable attempt to notify you of any termination or suspension of your access to DadHats2ow6ix using the information on your Account or through DadHats2ow6ix itself. However, we reserve the right to terminate access to DadHats2ow6ix at any time, with or without notice.
Effect of Termination
- You acknowledge and agree that upon suspension, termination or expiration your ability to access DadHats2ow6ix will cease and that we will have no obligation to store any such items or provide them to you. If we terminate your access to DadHats2ow6ix, you must: (i) immediately cease any use the applicable DadHats2ow6ix and (ii) delete (or, at our request, return) any and all copies you have of the applicable DadHats2ow6ix (if any).
- All terms and conditions of these Terms will survive any suspension, termination or expiration, except for the rights granted to you under Your Use Rights.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and DadHats2ow6ix agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes including but not limited to claims arising out of or relating to these Terms, any DadHats2ow6ix, and/or any aspect of the relationship between us, whether such claims are based in contract, tort, statute, fraud, misrepresentation or any other legal theory, arose before these Terms or any prior agreement, or arose after the termination of these Terms. The only exceptions to this mandatory arbitration provision are described in the “Exceptions” subsection below. By agreeing to these Terms or using DadHats2ow6ix, you agree to resolve any and all disputes with us as follows:
Initial Dispute Resolution
Most disputes can be resolved without resorting to litigation. Before initiating arbitration, the parties agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with DadHats2ow6ix support department. You can reach our support department at support@DadHats2ow6ix.com.
If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the provision above, then either party may initiate binding arbitration as the sole means to resolve disputes.
The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DADHATS2OW6IX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Location of Arbitration
- If you are a resident of the United States, any arbitration hearings may take place in the county where you reside at the time of filing or in another location mutually agreed by the parties.
- For residents outside the United States, any arbitration shall be initiated in the State of New York, United States of America, and you and DadHats2ow6ix agree to submit to the personal jurisdiction of any federal or state court in New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If your claim is for $50,000 or less, either party may choose to attend a hearing telephonically, videographically or in person.
30-Day Right to Opt Out
You have the right to opt out and not be bound by this Arbitration and Class Action Waiver section by sending (from the email address registered to your Account) written notice of your decision to opt out here with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" and your full legal name. The notice must be sent within thirty (30) days of your first use of DadHats2ow6ix, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this mandatory arbitration provision. If you opt out of these arbitration provisions, DadHats2ow6ix also will not be bound by them.
- Any notice under these Terms must be given in writing. We may send you a notice by means of electronic mail to your e-mail address on record in your account, by written communication sent by first class mail, or by courier service to your address on record in your account. Such notice will be deemed to have been given upon sending.
- You agree to receive all communications, agreements, and notices that we provide in connection with any DadHats2ow6ix (“Communications”) electronically, including by e-mail, text, in-app notifications, or by posting on DadHats2ow6ix website or other parts of DadHats2ow6ix. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that we are not responsible for your failure to receive notices if you fail to keep your Account information accurate and complete or if you filter our Communications.
- These Terms constitute the entire agreement between you and DadHats2ow6ix with regard to the Services, and govern your use of the Services, and they supersede any prior agreements between you and DadHats2ow6ix.
- If any covenant or provision of these Terms are determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from these Terms and shall not effect or impair the enforceability or validity of any other covenant or provision of these Terms or any part thereof.
- All indexes, titles, subject headings, section titles, and similar items are provided for the purpose of reference and convenience and are not intended to be inclusive, definitive, or to affect the meaning or scope of these Terms.
- No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.
- You may not assign your rights under these Terms to any party. We may assign our rights under these Terms without condition.
- These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- No action taken by us pursuant to these Terms, no waiver by us whether express or implied of any provision or right in these Terms or any breach thereof, and no failure by us to exercise or enforce any of our rights under these Terms will constitute a continuing waiver with respect to such provision, right, breach or waiver, whether or not similar.
- If you are a California resident, you waive California Civil Code §1542, which says: "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 acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
- These Terms and our legal obligations hereunder are subject to the laws of the State of New York, U.S.A., regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in the State of New York, U.S.A., in all disputes arising out of or relating to the Services.
- Please do not hesitate to contact us regarding any matter relating to this agreement through here.