Welcome to DD4.com. DD4 and/or its affiliates ("DD4") provide website features and other products and services to you when you visit or shop at DD4.com, use DD4 products or services, use DD4 applications for mobile, or use software provided by DD4 in connection with any of the foregoing (collectively, "DD4 Services"). DD4 provides the DD4 Services subject to the following conditions.
By using DD4 Services, you agree to these conditions. Please read them carefully.
We offer a wide range of DD4 Services, and sometimes additional terms may apply. When you use an DD4 Service (for example, Your Profile, Gift Cards, DD4 Instant Video, Your Media Library, or DD4 applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that DD4 Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of DD4 Services, to understand our practices.
When you use any DD4 Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other DD4 Services. 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.
All content included in or made available through any DD4 Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of DD4 or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content included in or made available through any DD4 Service is the exclusive property of DD4 and protected by international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any DD4 Service are trademarks or trade dress of DD4 in United Kingdom and other countries. DD4's trademarks and trade dress may not be used in connection with any product or service that is not DD4's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DD4. All other trademarks not owned by DD4 that appear in any DD4 Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DD4.
One or more patents owned by DD4 apply to the DD4 Services and to the features and services accessible via the DD4 Services. Portions of the DD4 Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, DD4 or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the DD4 Services. This license does not include any resale or commercial use of any DD4 Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any DD4 Service 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. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by DD4 or its licensors, suppliers, publishers, rightsholders, or other content providers. No DD4 Service, nor any part of any DD4 Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DD4. 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 DD4 without express written consent. You may not use any meta tags or any other "hidden text" utilizing DD4's name or trademarks without the express written consent of DD4. You may not misuse the DD4 Services. You may use the DD4 Services only as permitted by law. The licenses granted by DD4 terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any DD4 Service, 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. DD4 does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the DD4 Services only with involvement of a parent or guardian. Alcohol listings on DD4 are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. DD4 reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DD4 reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant DD4 a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DD4 and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DD4 for all claims resulting from content you supply. DD4 has the right but not the obligation to monitor and edit or remove any activity or content. DD4 takes no responsibility and assumes no liability for any content posted by you or any third party.
DD4 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 to Make Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from DD4 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.
DD4 attempts to be as accurate as possible. However, DD4 does not warrant that product descriptions or other content of any DD4 Service is accurate, complete, reliable, current, or error-free. If a product offered by DD4 itself is not as described, your sole remedy is to contact the related merchant for solutions.
Items are offered for sale by one of our merchants, the List Price is provided by our merchant. With respect to items sold by DD4, we cannot confirm the price of an item until you order. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than DD4 operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. DD4 does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE DD4 SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DD4 SERVICES ARE PROVIDED BY DD4 ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DD4 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DD4 SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DD4 SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DD4 SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DD4 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DD4 DOES NOT WARRANT THAT THE DD4 SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DD4 SERVICES, DD4'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DD4 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DD4 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DD4 SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DD4 SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Any dispute or claim relating in any way to your use of any DD4 Service, or to any products or services sold or distributed by DD4 or through DD4.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of DD4 Services. We reserve the right to make changes to our site, policies, Service Terms, 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.
DD4(UK) E-commerce Co., Ltd
Chase Business Centre 39-41 Chase Side,London
Additional DD4 Software Terms
1. Use of the DD4 Software. You may use DD4 Software solely for purposes of enabling you to use and enjoy the DD4 Services as provided by DD4, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the DD4 Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the DD4 Software or otherwise assign any rights to the DD4 Software in whole or in part. You may not use the DD4 Software for any illegal purpose. We may cease providing any DD4 Software and we may terminate your right to use any DD4 Software at any time. Your rights to use the DD4 Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain DD4 Software that are specifically identified in related documentation may apply to that DD4 Software (or software incorporated with the DD4 Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any DD4 Service is the property of DD4 or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the DD4 Software, whether in whole or in part, or create any derivative works from or of the DD4 Software.
4. Updates. In order to keep the DD4 Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce.