TERMS & CONDITIONS
Welcome to the DreamDry website (this “Site”) operated by Hudson BLVD Group.
DREAMDRY MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AND THESE TERMS AT ANY TIME. BY CONTINUING TO USE THIS SITE AFTER ANY CHANGES ARE MADE, YOU ARE ACCEPTING AND AGREEING TO THE CHANGES.
IN ADDITION, CERTAIN SECTIONS OR SERVICES OFFERED BY THIS SITE MAY HAVE ADDITIONAL TERMS GOVERNING THE ACCESS TO OR USE OF SUCH SECTIONS OR SERVICES.
FOR PURPOSES HEREOF, REFERENCES TO THIS SITE INCLUDE THE SOFTWARE AND SERVICES OF VENDORS (AS DEFINED BELOW) THAT ENABLE THE OPERATION OF THE SITE AND/OR SOME OF ITS FEATURES.
Privacy and Security
Subject to the terms and conditions hereof, DreamDry grants you a limited, revocable, non-exclusive license to access and make personal use of this Site. You may not download or copy this Site or any portion or elements of this Site, except (i) automated temporary page caching by your browser and (ii) a single copy for your own personal use. You may not resell or make any commercial use of this Site or any of its content. Your right to access and use this Site does not include any right to encumber, license, modify, publish, sell, transfer, transmit, or in any other way exploit any of the content on this Site, nor will you attempt to do so, and your right to copy the content of this Site is strictly limited to the conditions herein. You may not “scrape” or otherwise collect from this Site any product descriptions, codes, listings, prices or other information, nor may you use any manual or automated systems, robots or other methods to access, extract or collect information, data or content from or through this Site. You are granted a limited, revocable, non-exclusive license to link, and to send to third parties links, to this Site, subject to your compliance with the “Appropriate Use” terms below, but you may not frame or use similar technologies or techniques to surround, enclose or otherwise alter any element, nor the context of any element, of this Site or its content. You may not otherwise copy, redistribute, publish or otherwise exploit content from this Site without the express prior written permission of DreamDry. You further agree and acknowledge that you shall not acquire any ownership or other rights by downloading content from this Site.
Intellectual Property Rights
All content of this Site including, without limitation, all trademarks, service marks, tag lines/slogans, logos, names, text, copyrightable subject matter, images, graphics, designs, software, music, sound, video, audio-visual recordings, data and products belong exclusively to DreamDry or its suppliers, vendors, service providers or its licensors (collectively, such third parties, DreamDry’s “vendors”), and is protected by United States and international intellectual property laws. The selection, coordination, arrangement, and enhancement of all content on this Site, as well as any content original to DreamDry, is owned exclusively by DreamDry and is protected by United States and international copyright laws. All rights are reserved by DreamDry.
You may not use any cookies, meta tags or other metadata, or other forms of hidden text or code that include DreamDry’s intellectual property without the express prior written permission of DreamDry and, without limiting the foregoing, you may not use of DreamDry’s trademarks, service marks, tag lines/slogans, logos or names in any manner may cause confusion among consumers, nor in any manner without the express prior written consent of DreamDry. All trademarks that appear on this Site that are not owned by DreamDry are the property of their respective owners.
Vendor Software and Systems
In addition, certain elements of the Site are operated or use software from DreamDry’s vendors pursuant to contractual agreements with DreamDry, and DreamDry and such vendors are not affiliates and have no relationship other than through these commercial arrangements.
Copyright Complaints/Notices of Copyright Infringement
Materials may be made available on the Site by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you must provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
89 5th Avenue
New York, NY 10003
Email: [email protected]
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Colors, Product Descriptions and Content
DreamDry displays colors of our products on our Site as accurately as we believe practical, but the actual color you see depends on the lighting and camera equipment used, the reproduction of the images, and the accuracy of the color reproduction on your screen. DreamDry attempts to be accurate in the descriptions of the products and other content on this site, however we cannot warrant that the product descriptions or content are error-free, complete or accurate.
All of the information on this Site is current only as of the date it is posted, whether or not such date is indicated.
Account Information, User Name and Password
When you register for this Site, you will be asked to set up an account and provide an email address and password, as well as other information. You must provide an appropriate and accurate email address and password to access your account information. In order to protect your personal information, you should not provide your account information or password to others. If you register to use this Site, you are responsible for the confidentiality of your account information and password, and ensuring that nobody else accesses or uses your account. By registering to use this Site, you accept responsibility for all activities that occur through or using your account or password. You may only access and use account information that is part of your personal, individual account, and you may not use, download, copy or otherwise exploit the account or account information any other individual, nor use your account for the benefit of another individual or entity. DreamDry reserves the right to terminate accounts, to refuse registration and to edit or delete content in its sole discretion.
If you are under thirteen (13), you may use only access or use this Site with the involvement of a parent or legal guardian.
You may not use or access this Site, nor use any content from or related to this Site, in any manner that is illegal, inaccurate, dangerous, derogatory, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property, or otherwise harmful to third parties. In addition, you may not use this Site or any of its content (including, without limitation, intellectual property and trademarks) in a manner that could portray DreamDry, its affiliates, brands, products or services in a misleading, false, negative, derogatory or otherwise offensive manner. In addition, you may not use this Site, nor any of its content, to communicate or transmit: any viruses, trojan horses, worms, harmful or damaging computer code (“Viruses”); political campaign messages; solicitation; promotion of goods, services or opportunities; chain letters; “spam” (unsolicited commercial communications); or any other type of mass or commercial communications. You may not use a false email or physical address, impersonate any person or entity, or otherwise mislead us or third parties as to your identity, nor the origin of any Submission (defined below). All use of DreamDry’s trademarks is subject to “Intellectual Property Rights” above.
Sweepstakes, Contests, and Promotions
Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU UNDERSTAND THAT NEITHER DREAMDRY NOR ITS VENDORS CAN AND DO NOT PROMISE, GUARANTEE OR WARRANT THAT FILES YOU DOWNLOAD THROUGH THE INTERNET, INCLUDING FROM THIS SITE, WILL BE FREE FROM VIRUSES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS FOR YOURSELF. NEITHER DREAMDRY NOR ITS VENDORS ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE INTERNET OR THIS SITE. YOU ASSUME THE ENTIRE RISK AND COST OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENT.
NEITHER DREAMDRY NOR ANY OF ITS VENDORS MAKES ANY, AND EACH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER DREAMDRY NOR ANY OF ITS VENDORS REPRESENTS OR WARRANTS: THAT THIS SITE, NOR YOUR USE OF THIS SITE, WILL BE SECURE, TIMELY UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT DEFECTS WILL BE CORRECTED; NOR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES. NEITHER DREAMDRY NOR ANY OF ITS VENDORS MAKES ANY REPRESENTATION OR WARRANTY REGARDING ANY USE OF THIS SITE OR ITS CONTENT, NOR ITS ACCURACY, RELIABILITY OR COMPLETENESS, INCLUDING ANY INACCURACIES DUE TO TYPOGRAPHICAL OR TECHNICAL ERRORS OR INACCURACIES.
YOU UNDERSTAND AND AGREE THAT NEITHER DREAMDRY NOR ITS VENDORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO: ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; ANY LOSS OR CORRUPTION OF DATA; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; ANY INTANGIBLE LOSS; ANY RELIANCE UPON THIS SITE OR ANY CONTENT; ANY CHANGES TO THIS SITE OR CONTENT; AND ANY DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE. THE LIMITATIONS ON DREAMDRY’S AND ITS VENDORS’ LIABILITY APPLY WHETHER OR NOT DREAMDRY OR ANY SUCH VENDOR WAS OR SHOULD HAVE BEEN AWARE OR WAS OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON SOME OR ALL IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR MAY LIMIT SUCH LIMITATIONS OR EXCLUSIONS. SOLELY TO THE EXTENT OF THE MINIMUM APPLICABILITY OF SUCH LAWS TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
These Terms will be governed and interpreted pursuant to the laws of the State of New York, notwithstanding any conflicts of law. You specifically consent to exclusive personal jurisdiction in New York in connection with any dispute between you and us. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, subject to the following provisions: (i) all arbitration proceedings will be heard and decided by a single arbitrator, who will be an attorney with experience and familiarity in the relevant issues and the cosmetics/styling industries, appointed in accordance with the AAA Rules; (ii) the arbitration proceedings shall be conducted in English in New York City; and (iii) any award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
If any part of these Terms is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of this Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms with respect to the items to which they apply. DreamDry may revise or modify this Site, these Terms, products, product information or pricing without notice.
To obtain information about or to make a claim concerning performance of a warranty obligation you must contact DreamDry by phone at 646-627-7602 or by mail at the following address: DreamDry 35 West 21st Street New York, NY 10010 or [email protected].
Last Updated: January 2013