Digital Dream Labs, LLC (“DDL”) warrants the DDL-branded hardware electronics product and accessories contained in the original packaging ("DDL Product") against defects in materials and workmanship when used under ordinary consumer use in accordance with DDL's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"), or a period of NINETY (90) DAYS from purchase for non-electronic products and accessories such as apparel, subject to the exclusions herein. DDL's published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
This warranty does not apply to any non-DDL branded products or any software, even if packaged or sold with DDL hardware. When an DDL product is purchased from an unauthorized reseller or party, the DDL warranty will not be valid. Manufacturers, suppliers, resellers, or publishers, other than DDL, may provide their own warranties to you but DDL, in so far as permitted by law, provides their products "AS IS". Software distributed by DDL with or without the DDL brand is not covered by this warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. DDL does not warrant that the operation of the DDL Product will be uninterrupted or error-free. DDL is not responsible for damage arising from failure to follow instructions relating to the DDL Product's use.
This warranty does not apply: (a) to user-serviceable consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, neglect, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the DDL Product outside DDL's published guidelines, including unauthorized use, alteration, repair or commercial use; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of DDL; (g) to a DDL Product that has been modified to alter functionality or capability without the written permission of DDL; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the DDL Product, or (i) if any serial number has been removed or defaced from the DDL Product.
This limited warranty is not transferable or assignable to any subsequent purchaser or recipient of any DDL Product.
You may wish to access and review the online help resources at https://support.digitaldreamlabs.com before seeking warranty service. You may also contact a DDL Customer Care representative, using the information provided below. A DDL Customer Care representative will help determine whether your DDL Product requires service and, if it does, will inform you how DDL will provide it. DDL Customer Care can be contacted by email to: email@example.com
DDL Customer Care will ask you questions to determine your eligibility under this limited warranty, and may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow DDL's procedures for obtaining warranty service.
If you are eligible, a replacement order, repair order or refund will be issued, and you’ll be given instructions for returning the defective DDL Product.
If the DDL Product proves defective during the warranty period, and you follow the instructions that will be provided to you for submitting a valid Warranty claim and returning the Product, DDL will, at its option, take one of the following actions: (i) replace the DDL Product with either a new or a refurbished DDL Product that is the same as or similar to the DDL Product you purchased; (ii) repair the DDL Product using either new or refurbished parts; or (iii) refund to you the purchase price of the DDL Product.
To the extent there is a problem with the DDL Product that may be excluded from this limited warranty, you are still encouraged to contact DDL Customer Care, who may be able to provide you with additional repair/replacement assistance, outside of the limited warranty coverage. DDL Customer Care may be able to provide you with technical support, and/or, for an additional repair/replacement fee, DDL may: (i) send replacement parts to you to make the repairs yourself; (ii) repair the DDL Product; or (iii) replace the DDL Product. DDL reserves the right to change the method by which DDL may provide warranty or repair service to you, and your DDL Product's eligibility to receive a particular method of service. You may be responsible for shipping and handling charges depending on your location and the date of purchase. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, DDL may repair or replace products and parts with comparable products and parts that comply with local standards.
Following warranty or repair service, your DDL Product or a replacement product will be returned to you as your DDL Product was configured when originally purchased, subject to applicable updates. There is no assurance, representation or warranty that any replacement DDL Product will be identical to or will offer the same functionalities as the DDL Product returned to us. Technological advances and DDL Product availability may result in your receiving a replacement DDL Product with a lower selling price than the original DDL Product you purchased. In all cases, DDL Product comparability will be determined by us at our sole discretion. Further, any and all information or data loaded onto your DDL Product by you or any other end user is not warranted by DDL. DDL shall not recover the data when the DDL Product is returned to us for warranty or repair service. To obtain warranty or repair service, you authorize DDL to delete all user information and data, and you expressly agree that DDL shall not transfer to another device, or otherwise recover, any and all information and data loaded onto your DDL Product.
DDL may request that you replace certain user-installable parts or products. This limited warranty applies to any replacement or repair of a DDL Product or part, including a user-installable part that has been installed in accordance with instructions provided by DDL, for the remainder of the original warranty period or for 90 days from its shipment to you, whichever period is longer. All parts and DDL Products that you return to us and for which we give you a refund or replacement will become DDL’s property upon our receipt, and you agree that any unexpired part of this limited warranty on the replaced or refunded part or DDL Product also transfers to us. Failure to ship the damaged part or DDL Product back to us may result in your being charged for the replacement part or DDL Product at full retail price.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, DDL DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR SALES CONDUCTED WITHIN THE EUROPEAN UNION YOU HAVE, UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF CONSUMER GOODS, LEGAL RIGHTS THAT ARE NOT AFFECTED BY THIS WARRANTY. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. DDL DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, DDL LIMITS, TO THE EXTENT PERMITTED BY LAW, THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT DDL'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DDL IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF INFORMATION/DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE DDL PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE DDL PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. DDL DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY DDL PRODUCT UNDER THIS WARRANTY OR REPLACE THE DDL PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION OR DATA STORED ON THE DDL PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Terms and Conditions as they exist and are amended from time to time, available at https://www.digitaldreamlabs.com/policies/terms-of-service (the “Terms and Conditions”), are incorporated into this limited warranty by reference, including without limitation the limitations of liability, disclaimers, choice of venue and jurisdictional provisions. In the case of any inconsistencies between the Terms and Conditions and this limited warranty, this limited warranty will control. All subsequent amendments to the Terms and Conditions are automatically incorporated herein at the time of the amendment.
No DDL reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. DDL may restrict warranty service to the jurisdiction where DDL or its Authorized Distributors originally sold the DDL Product. DDL or its successor in title is the warrantor under this warranty.