Terms of Use

TERMS OF USE

 

Overview 

PLEASE READ THESE TERMS OF USE CARFULLY BEFORE USING THIS WEBSITE.

These terms of use (“Terms of Use”) tell you the rules for using our website www.shop.dfs-mafia.com (“our Site”).

For additional terms and conditions that may apply to purchases and related transactions that you complete through our Site please see our Terms of Sale.

WHO WE ARE AND HOW TO CONTACT US

This website is operated by DFSM Inc., a company registered in the United States with company registration number 88-3445647.

Throughout the site, the terms “we”, “us” and “our” refer to DFSM Inc.  DFSM Inc offers this website, including all information, tools and services available from our Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

To contact us, please email contact@dfs-mafia.com

 

BY USING OUR SITE YOU ACCEPT THESE TERMS

You must be 18 years old or the age of majority in your jurisdiction in order to use our Site. If you are under 18 years old or the age of majority in your jurisdiction then you may only use our Site with your parent or legal guardian’s permission.

Please read the Terms of Use carefully.

These Terms of Use incorporate:

  • Our Privacy Policy (LINK) which sets out the terms on which we process any personal data we collect from you, or that you provide to us; and
  • Our Cookie Policy (LINK) which sets out information about the cookies on our Site.

These Terms of Use along with our Privacy Policy and Cookie Policy constitute a legally binding agreement between you and us. By accessing or using our Site, you agree that you (or your parent or legal guardian) have read, understand, and are bound by the terms and conditions set forth herein.

IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT USE OR ACCESS THE SERVICES.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service without notice by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

DFSM Inc’s store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

WE MAY MAKE CHANGES TO THESE TERMS AND/OR SITE

We reserve the right to make any changes or amend these Terms of Use at any time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.  If you do not agree with our updated terms, you must not use our Site.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

RULES OF ACCEPTABLE USE

You may use our Site only for lawful purposes. You are solely responsible for your actions when using our Site. In addition, you understand and agree that you may not use our Site:

  • in any way that breaches any applicable local, national or international law or regulation.
  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • for the purpose of harming or attempting to harm minors in any way.
  • to bully, insult, intimidate or humiliate any person.
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • to knowingly transmit by any means any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of our Site:

  • reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use;
  • access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our Site is stored;
    • any software used in the provision of our Site; or
    • any equipment or network or software owned or used by any third party;
  • give any false information in your account details;
  • use our Site if we have suspended or banned you from using it;
  • send junk, spam or repetitive messages.

If you breach any part of the Terms of Use we reserve the right to terminate your access to our Site.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@dfs-mafia.com

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our Site for your personal use only. Any other use of our Site or our Site's content is prohibited. This prohibition includes, but is not limited to:

(a) making commercial use of our site's content;

(b) reproduction of the any content available on our site; and

(c) downloading or copying any of our Site content for yourself or for a third-party.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of our Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS

If you wish to complain about content uploaded by other users, please contact us at contact@dfs-mafia.com

 

DISCLAIMER OF WARRANTIES

YOUR USE OF OUR SITE IS AT YOUR OWN RISK. OUR SITE IS AVAILABLE 'AS IS' AND 'AS AVAILABLE' WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE THEY WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE DO NOT GUARANTEE THAT OUR SITE WILL BE SECURE OR FREE FROM BUGS OR VIRUSES. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE, THAT THE QUALITY OF OUR SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE MAKE NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON OR VIA OUR SITE.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Sale [LINK].

Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy [LINK]

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our Site, you warrant that any such contribution complies with the standard set out in these Terms or Use and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties for any purpose. You grant us a perpetual, worldwide, irrevocable, non-exclusive, transferable royalty-free licence to use, copy, license, distribute, display, sublicense, adapt, reproduce, transmit, modify, edit or otherwise exploit such content throughout the world, in all media now known or hereafter developed. You confirm that you are the owner of the relevant content and/or that you are entitled to grant us as licence of the same.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user on our Site.

We have the right in our sole discretion for any reason and without prior notice to you to remove any posting you make on our Site if, in our opinion, your post does not comply with the standards set out in these Terms of Use or reasonable standards of behaviour.

The views expressed by other users on our Site do not represent our views or values. We reserve the right, but not the obligation, to investigate any allegations or complaints that we receive regarding your content.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our Site is stored or any server, computer or database connected to our site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact contact@dfs-mafia.com

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES

Please note that these Terms of Use, their subject matter and their formation, are governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of laws provisions.. You and we both agree that the United States courts of the State of Delaware will have exclusive jurisdiction.