INTRODUCTION
Welcome to the Palmdream Website, www.palmdream.com. By accessing this Website, you are indicating that you have read and agree to be bound by the Terms of Use below. Palmdream, Inc. (“Palmdream”) may from time to time modify or revise these Terms of Use by updating this Web page. Your continued use of the Website following any such change constitutes your acceptance thereof (and if any change is unacceptable to you, your only recourse is not to use the Website).
DISCLAIMER
Your use of this Website is at your own risk. Palmdream does not warrant that functional aspects of the Website will not be error free or that this Website or the server that makes it available are free of viruses or other harmful components. Palmdream reserves the right to correct any errors on this Website. If your use of this Website results in the need for servicing or replacing property materials, equipment or data, Palmdream is not responsible for those costs. Without limiting the foregoing, everything on our Website is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PALMDREAM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. Palmdream does not make any representation about the quality of any product, services, information or other material purchased or obtained by you via use of this Website. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
NEITHER PALMDREAM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PALMDREAM ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
ERRORS/CHANGES ON OUR WEBSITE
We make every effort to ensure that the information on the Website is accurate, complete and current. Despite our efforts, there may be instances when information about a Product contains inaccurate or incomplete data, including data about the Product’s price or availability. Palmdream does not warrant, guaranty, or represent that product descriptions or other content on this Website is accurate, error-free, truthful, reliable, or current. We reserve the right to correct errors and/or update the content on the Website at any time without notice. Palmdream reserves the right to change prices, terms, specifications and warranties without notice.
USE OF MATERIALS ON THIS WEBSITE
Palmdream maintains this Website for your personal entertainment, information, education, and communication. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Website are registered and unregistered trademarks of Palmdream and others. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of Palmdream or such third party that may own the Trademarks displayed on this Website. Your use of the Trademarks displayed on this Website, or any other Content on this Website, except as provided herein, is strictly prohibited. You should assume that everything you see or read on the Website (such as images, photographs, illustrations, texts and other materials) (“Content”) is the property of Palmdream and its licensors and partners. Without Palmdream’s prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website or in a networked computer environment. However, you may electronically copy or print pages from this Website for personal, non-commercial use, provided that you include a copyright notice on each page.
GENERAL PROVISIONS
Palmdream controls and operates this Website from a third-party provider based in the United States of America, and makes no representation that the material on the Website is appropriate or available for use in other locations.
If you use this Website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to our Content may not be legal by certain persons or in certain countries. If any portion of these Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this Website or our Content will be instituted in a state or federal court in Delaware, and you hereby agree to submit to the personal jurisdiction of such courts.
These Terms of Use constitute a binding agreement between you and Palmdream, and supersede all prior agreements between the parties regarding the subject matter herein. If any provision of these Terms of Use shall be found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use are effective until terminated by you or Palmdream, which Palmdream may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Website, your only recourse is to immediately discontinue use of the Website. If you have any questions or comments about these Terms of Use, please contact us using the information below.
Palmdream Inc.
156 W 56th Street – 3rd Floor
New York, NY 10019
ask@palmdream.com
USER CONTENT
In these Terms of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
You grant to Palmdream a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Palmdream the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Palmdream or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Palmdream reserves the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.
PRIVACY
For an explanation of our practices with regards to information collected or submitted to the Website or otherwise, please see our Privacy Policy.
COPYRIGHT NOTICE
All content on this site is the property of Palmdream or its content suppliers and protected by U.S. and international copyright laws. All software used on this site is the property of Palmdream or its software suppliers and protected by U.S. and international copyright laws. Users of this site may use the content and software on this site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
Last Updated March 1st, 2021