Terms of Use

Welcome to Daytrotter. This website provides its services to you subject to the following conditions. If you visit or shop at our website, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Policy, which also governs your visit to Daytrotter, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Daytrotter or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Daytrotter or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Daytrotter and protected by U.S. and international copyright laws. All software used on this site is the property of Daytrotter or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Daytrotter trademarks and trade dress may not be used in connection with any product or service that is not Daytrotter's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Daytrotter. All other trademarks not owned by Daytrotter or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Daytrotter.

LICENSE AND SITE ACCESS

Daytrotter grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Daytrotter. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Daytrotter. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Daytrotter without express written consent. You may not use any meta tags or any other "hidden text" utilizing Daytrotter's name or trademarks without the express written consent of Daytrotter. Any unauthorized use terminates the permission or license granted by Daytrotter. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Daytrotter so long as the link does not portray Daytrotter, its products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Daytrotter logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Daytrotter does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Daytrotter only with involvement of a parent or guardian. Daytrotter reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

COPYRIGHT COMPLAINTS

Daytrotter respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please Contact Us.

RISK OF LOSS

All items purchased from Daytrotter are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PAYMENT METHODS

Daytrotter accepts MasterCard, Visa, American Express, and Discover credit cards, as well as PayPal, as forms of payment. Billing to your payment method occurs immediately for membership sales, and when your order is shipped or shortly thereafter for merchandise sales.

If a purchase has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit card.

MEMBERSHIPS AND RENEWAL

If you have a Paid Membership, your payment to Daytrotter will automatically renew at the end of each membership period for an additional membership period of equal length, unless you cancel your Paid Membership through your My Account page before the end of the current membership period. The cancellation will take effect the day after the last day of the current membership period, and your membership will expire.

Daytrotter may change the price for Paid Memberships from time to time, and will communicate any price changes to you. Price changes for Paid Memberships will take effect at the start of the next membership period following the date of the price change. By continuing to use Daytrotter after the price change takes effect, you accept the new price.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Daytrotter ON AN "AS IS" AND "AS AVAILABLE" BASIS. Daytrotter MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Daytrotter DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Daytrotter DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Daytrotter ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Daytrotter WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Daytrotter, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Daytrotter.

DISPUTES

Any dispute relating in any way to products you purchase through Daytrotter shall be submitted to confidential arbitration in San Francisco, California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. All other disputes involving Daytrotter shall be resolved in the appropriate state or federal court in the State of California, including but not limited to and disputes involving violation or infringement of any parties' intellectual property rights including but not limited to trademark, trade name or copyright interests.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to Daytrotter. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.