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DFDesigns Conditions of Use

Welcome to www.shopDFDesigns.com. Dollface Designs, LLC and/or its affiliates ("DFDesigns") provide website features to you subject to the following conditions. If you visit or shop at www.shopDFDesigns.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future DFDesigns service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control. If you do not agree with any of the Terms, please do not use this website.

PRIVACY

Please review our Privacy Notice, which also governs your visit to www.shopDFDesigns.com, to understand our practices. DFDesigns uses third party service providers to facilitate payment processing, in particular Google Checkout. Google Checkout is responsible for collecting, processing and maintaining the financial information needed to process your payments. DFDesigns is not generally privy to this information at any time, and you should review the privacy policy of Google Checkout, located at https://checkout.google.com/files/privacy.html, which will apply to such information. In addition, in order to utilize Google Checkout as a purchaser, you will be required to accept Google Checkout's terms of service, which can be found at https://checkout.google.com/termsOfService?type=Buyer. We may also make use of other third party payment processing services, such as Snocap.com in connection with our digital sales of music, and you should in each case review their respective privacy and other policies.

SHIPPING AND RETURNS

All transactions through our website are subject to our shipping and returns policies. You should review these policies, which can be found at Help/FAQs.

ELECTRONIC COMMUNICATIONS

When you visit our website 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. 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.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All materials on this website, including, but not limited to images, illustrations, audio clips, video clips, in all media and formats (the "Materials") are protected by copyrights which are owned or licensed by DFDesigns. Further, DFDesigns, Doll Face Designs, Laissez-Wear, Pookies, "Sleepwear that goes everywhere" and other DFDesigns graphics, logos, page headers, button icons, scripts, and service names (the "Marks") are trademarks, registered trademarks or trade dress of DFDesigns in the U.S. and/or other countries. None of the Materials or the Marks, nor any of the materials in other websites owned or operated by DFDesigns may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software of the website or any part thereof unless this is expressly permitted or required by law.

Any modification of the Materials or the Marks, or use of the Materials or the Marks for any other purpose constitutes an infringement of DFDesigns' copyright and other proprietary rights. Use of the Materials or the Marks on any other website or other networked computer environment is prohibited.

Any proprietary rights notices including copy right and trademark notices which may be affixed to or contained within the Materials or the Marks shall not be removed, obscured or altered. You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks which are connected to this website

LICENSE AND SITE ACCESS

DFDesigns grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DFDesigns. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DFDesigns. 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 DFDesigns without express written consent. You may not use any meta tags or any other "hidden text" utilizing DFDesigns' name or trademarks without the express written consent of DFDesigns. Any unauthorized use terminates the permission or license granted by DFDesigns. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DFDesigns so long as the link does not portray DFDesigns, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DFDesigns logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, 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. It is your sole responsibility to (a) control the dissemination and use of activation codes and passwords; (b) authorize, monitor, and control access to and use of your DFDesigns password; (c) promptly inform DFDesigns of any need to deactivate a password. You grant DFDesigns and all other persons or entities involved in the operation of this website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this website. If you are under 18, you may use www.shopDFDesigns.com only with involvement of a parent or guardian. DFDesigns reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You grant DFDesigns and all other persons or entities involved in the operation of this website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this website.

COPYRIGHT COMPLAINTS

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we will will terminate the account of any customer who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to DFDesigns and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, DFDesigns will terminate the infringing customer's account. DFDesigns may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), DFDesigns has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. DFDesigns respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the DFDesigns website, please contact "Legal Department", via email at legal@dfdesignsllc.com, or mail at:

   c/o Hand Baldachin & Amburgey, LLP
   317 Madison Avenue, Fourth Floor
   New York, NY 10017

Any written notice describing the infringing activity must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
  • A description of the allegedly infringing work or material;
  • A description of where the allegedly infringing material is located on the site;
  • Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
  • A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

RISK OF LOSS

All purchases from DFDesigns 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.

PRODUCT DESCRIPTIONS

DFDesigns attempts to be as accurate as possible. However, DFDesigns does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by DFDesigns itself is not as described, your sole remedy is to return it in unused condition. In particular, fabric colors may not be accurately represented on some monitors.

CHILD SAFETY WARNING

Products sold by DFDesigns are not intended or suitable for use as children's sleepwear.

OTHER BUSINESSES

Parties other than DFDesigns may provide services or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. These links are provided for your convenience only and you access them at your own risk. 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. DFDesigns 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

BY USING THIS WEBSITE, YOU AGREE TO INDEMNIFY DFDESIGNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF YOUR BREACH OF THE FOREGOING AGREEMENT. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DFDESIGNS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DFDESIGNS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DFDESIGNS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DFDESIGNS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM DFDESIGNS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DFDESIGNS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DFDESIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, 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.

JURISDICTION

This website is controlled and operated by DFDesigns from its headquarters in New York, New York. DFDesigns does not represent or warrant that materials on this website are appropriate or available for use in other locations. If you choose to access this website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of New York, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to this website shall be brought in either the State or Federal Courts of New York. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and DFDesigns and this agreement shall not be modified, except in writing, signed by both parties.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to www.shopDFDesigns.com. We reserve the right to make changes to our site, policies, and these Terms 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.

These Terms will continue to apply until terminated by either DFDesigns or you. If you intend to terminate this agreement you may discontinue using this website. You do not have to notify DFDesigns of your intent to terminate this agreement. DFDesigns may terminate this agreement if you have breached any provision of the Terms or you have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms. DFDesigns may also terminate this agreement if it is transitioning to no longer providing this website.

When these Terms come to an end, all the legal rights, obligations and liabilities from which you and DFDesigns have benefited or to which you and DFDesigns have been subjected shall be unaffected.

OUR ADDRESS

   c/o Hand Baldachin & Amburgey, LLP
   317 Madison Avenue, Fourth Floor
   New York, NY 10017